The Stolt Filia - Mr. Justice Sheen - Q.B. (Adm.Ct.) - May 15, 1980

Mareva injunction - Action in rem

Following serious heavy weather damage the plaintiffs provided spare parts and rendered services to Stolt Filia for which the owners had not paid. On Apr. 21, 1980, she was arrested by mortgagees at Birkenhead. The plaintiffs deposed to the view that if Stolt Filia was sold by order of the Court, after payment of other claims, there would be insufficient funds available to pay any part of their claim. However, they had heard that London insurance brokers were collecting insurance proceeds in respect of the heavy weather damage, and on May 9 the plaintiffs were granted a Mareva injunction by Mr. Justice Robert Goff restraining the brokers and others from removing the hull and machinery insurance proceeds, up to $900,000, out of the jurisdiction. No writ was issued until May 12 when the plaintiffs started an action in rem against the Stolt Filia . Mr. Justice Robert Goff referred the question on the continuation of the injunction to the Admiralty Judge.