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Lloyd's Maritime Law Newsletter

The "Melissa K" v The "Tomsk" - QBD (Admlty Ct) (Males J) [2015] EWHC 3445 (Admlty) - 27 November 2015

Admiralty practice - Collision action - Defendants offering to settle on basis of 50-50 liability and imposing deadline for issue and service of proceedings - Claimants issuing but not serving proceedings within deadline - Claimants accepting defendants' offer to settle - Whether compromise agreement concluded - Whether claimants entitled to extension of time for service of proceedings - Whether claimants entitled to relief under CPR 3.10

On 28 April 2012 the claimants’ vessel Melissa K collided with the defendants’ vessel Tomsk in the entrance to the port of Tuapse in the Black Sea. On 23 April 2014 a mutual extension of time until 28 October 2014 was agreed between the defendants’ P&I Club and the claimants’ Turkish lawyers.

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