Domansa (Krystyna) and ors v Derin Shipping and Trading Co Inc (The “Sletreal”) - QBD(Com Ct) (David Mackie QC sitting as a Deputy High Court Judge)

Practice - Conflict of laws - Dependants of Polish seamen killed at sea suing Liberian one ship company in tort and in contract - Application by defendants to dismiss or stay the proceedings - Whether defendants had place of business in England or were domiciled in England - Whether exclusive jurisdiction clause in employment contracts covered claims in tort - Whether English action should be stayed on principle of forum non conveniens or under general discretion

The dependants of three Polish seamen killed while serving on the defendant’s vessel Sletreal whilst in Cuban waters brought an action against the shipowners claiming negligence and breach of contract of employment in failing to take reasonable care for the safety of the employee, and claiming damages at common law and under the Fatal Accidents Acts. The contractual term relied on was clause 12 of the contract of employment, which stated that the employer had arranged insurance “to cover his liabilities that might arise from the Seaman’s contract due to death, missing at sea or permanent disability caused by accident at work during the period of employment” that “the liability of the Employer is limited to the amounts insured as hereafter…The amount of insurance shall be…in the case of death or missing at sea: US$60,000”. Clause 13 provided that “All claims against the Employer and/or insurance company as per Item 12 must be governed by the conditions of the insurance policy and made in writing to the Employer in English”.}