PETROLEO BRASILIERO S.A. AND OTHERS v. MELLITUS SHIPPING INC. AND OTHERS (THE “BALTIC FLAME”) [2001] EWCA Civ 418

[2001] 2 Lloyd's Rep. 203

COURT OF APPEAL

Before Lord Justice Potter, Lord Justice Sedleyand Lord Justice Jonathan Parker

Practice - Jurisdiction - Proper party to proceedings - Contribution - Claim in respect of contaminated cargo by bill of lading holders against owners of vessel - Third party claims by owners against time charterers - Time charterers claimed against shippers in third party claims - Whether shipper a proper party to proceedings - Whether time charterers entitled to claim contribution from shippers - Whether time charterers’ claim form should be set aside.