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Lloyd's Maritime Law Newsletter

Bouygues Offshore SA v Caspian Shipping Co and Others - QBD (Com Ct)(Timothy Walker J) - 23 May 1997

Court previously granting stay of foreign proceedings on basis of English jurisdiction clause - Whether sufficient change in circumstances to enable English court to re-consider question of stay

Bouygues Offshore SA (“Bos”) were the owners of a derrick lay barge which stranded on the rocks off Capetown on 26 June 1994 and became a total loss. Bos had hired a tug to tow the barge from the Congo to Capetown. Ultisol Transport Contractors Ltd (“Ultisol”) were the charterers of the tug, which was owned by the Caspian entities (“Caspian”). Portnet was the Capetown Port authority.

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