REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”) (No. 2)

[1996] 2 Lloyd's Rep. 12

COURT OF APPEAL

Before Lord Justice Staughton Lord Justice Simon Brown and Lord Justice Auld

Admiralty practice - Res judicata - Waiver - Estoppel - Carriage by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether plaintiffs’ action barred by res judicata under s. 34 - Whether defendants waived rights or were estopped from relying on s. 34 - Civil Jurisdiction and Judgments Act, 1982, s. 34. Admiralty practice - Actions in rem and personam - Res judicata - Carriage by sea - Damage to goods - Judgment obtained in action in personam in India - Action in rem brought in England - Whether English action barred by res judicata under s. 34 - Whether proceedings in English action brought on same cause of action between same parties as proceedings in India - Whether English proceedings should be struck out - Civil Jurisdiction and Judgments Act, 1982, s. 34.