BOUYGUES OFFSHORE S.A. v. CASPIAN SHIPPING CO. AND OTHERS (NOS. 1, 3, 4 AND 5)

[1998] 2 Lloyd's Rep. 461

COURT OF APPEAL

Before Lord Justice Evans, Lord Justice Mummery and Sir John Knox

Towage - Jurisdiction clause - Construction - Contract for towage of barge - Disputes to be referred to the High Court in London - Barge grounded after towline parted - Barge-owners brought action in South Africa - Whether barge-owners in breach of towage contract. Admiralty practice - Towage contract - Injunction - Jurisdiction clause - Disputes to be referred to the High Court in London - Barge grounded after towline parted - Barge-owners brought proceedings in South Africa - Whether barge-owners in breach of jurisdiction clause - Whether injunction should be granted to restrain barge-owners from continuing such proceedings. Admiralty practice - Third party notices - Application to set aside - Loss of barge under tow - Owners of barge claimed damages - Owners and time charterers of tug served third party notices on port authority - Whether port authority a proper and necessary party to proceedings - Whether orders granting leave to serve third party notices should be set aside. Admiralty practice - Anti-suit injunction - Application to discharge - Loss of barge under tow - Owners of barge claimed damages - Injunction obtained restraining pursuit of proceedings in South Africa - Whether significant change in circumstances - Whether injunction should be discharged - Whether plaintiffs’ claim should be stayed - Whether application to strike out counterclaim should be granted. Admiralty practice - Limitation of liability - Stay of action - Misrepresentation - Establishment of liability - Loss of barge under tow - Owners of barge claimed damages - Barge owners alleged misrepresentation in Towcon contract - Whether limitation action could be commenced without liability first being admitted or established - Whether right to limit in respect of misrepresentation claims - Whether limitation actions should be stayed until liability determined.