England: Charles Hattersley to lecture for the third time at the Advoc Marine Seminar in Singapore
Charles Hattersley, a marine partner of the Plymouth and London offices of Ashfords LLP will be lecturing at the forthcoming maritime seminar organised by JTJB in Singapore on 11 November 2016. He will cover latest developments and interesting features arising out of recent arrest cases in the UK, including commenting on the change of procedure required by the Admiralty Court. There is increased latitude on the requirement for documentary evidence in support of a warrant of arrest, i.e. no need for an affidavit, etc. He will also explain how the practicalities of an arrest can be effected swiftly by the Admiralty Marshal's use of the Border Agency and how recent security measures have avoided vessels breaking arrest and therefore being in contempt of court. He will comment briefly on the comity between nations when a vessel does break arrest and also the procedure for obtaining security for non-P&I insurers. He will also refer to allegations of wrongful arrest - which can easily be defeated by a need to prove crassa negligentia or mala fides - which is difficult - in light of which arrests in the UK remain a low risk strategy.
He will reflect on a range of recent arrest cases including a fleet arrest for Deutsche Bank Nederland B.V. and the procedure for short circuiting a court auction sale by applying for a private sale direct to the Admiralty Judge.
He will also lecture on antisuit injunctions and explain how, on the basis of a contractual right (the "Angelic Grace"), and/or where there has been vexatious or oppressive conduct ("Donohue -v- Armco") these injunctions can be obtained. He will also explain how the Third Parties (Rights Against Insurers) Act 2016 has been enacted as a result of The Insurance Act 2015 coming into force on 12 August 2016.
Ashfords' marine department continues to contribute to global development and, for example, Lara Moore has recently joined as a lawyer with specialist marine planning expertise. She will be working in-house with JJTB during the first two weeks of November 2016.
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