The Span Terza - Court of Appeal (Stephenson and Donaldson L.JJ. and Sir David Cairns) - 18 November 1981

Right of arrest against vessel owned by time charterers

The plaintiffs were the owners of the vessel Neptunia which they had time-chartered to the defendants on a NYPE form. The defendants themselves owned certain vessels, including the Span Terza . The plaintiffs had issued a writ in rem against the defendants claiming charges and damages pursuant to the chartering of the Neptunia and now sought to arrest the Span Terza which was in the Mersey. The Admiralty Registrar refused to order the arrest. Sheen J. dismissed the plaintiffs’ appeal. Half an hour later (because the Span Terza might have sailed away at any moment) the Court of Appeal sat to hear the plaintiffs’ appeal ex parte . A little after one hour later, the Court of Appeal decided, by a majority, to allow the appeal.