FAKIH BROTHERS v. A. P. MOLLER (COPENHAGEN) LTD AND OTHERS

[1994] 1 Lloyd's Rep. 103

QUEEN’S BENCH DIVISON(COMMERCIAL COURT)

Before Mr. Justice Hobhouse

Practice - Mareva injunction - Carriage by sea - Plaintiffs alleged short delivery - Club guarantee given - In contravention of guarantee plaintiffs arrested vessel and commenced proceedings in Sierra Leone - Defendants obtained Mareva injunction - Whether injunction should be discharged or varied. Practice - Notice of discontinuance - Carriage by sea - Plaintiffs alleged short delivery - Writ issued - Club guarantee given - In contravention of guarantee plaintiffs arrested vessel and commenced proceedings in Sierra Leone - Plaintiffs served notice of discontinuance - Whether notice should be set aside as an abuse of process of Court.