MONJASA LTD AND ANOTHER V THE VESSEL "ASTORIA" AND ANOTHER

[2021] EWHC 134 (Admlty), Queens Bench Division, Admiralty Court, Jervis Kay QC, Deputy Admiralty Registrar, 29 January 2021

Admiralty – Successful party – Costs

The vessel Astoria had been arrested and subsequently released following which the claimants applied for permission to discontinue the claim. The claimants accepted that they had a liability for costs arising from the arrest of the vessel, but there was a dispute as to which of the parties should be liable for the further costs incurred before the claim was discontinued largely arising out of "the port charges issue". The claimants were bunker suppliers claiming for bunkers supplied under section 20(2)(m) of the Senior Courts Act 1981. Before the claim was commenced, the defendant bareboat charterer had already terminated the charterparty and redelivered the vessel. The claimants continued with the arrest after having received information of this fact. At that stage, the Admiralty Marshal indicated that there were outstanding port charges, which the claimants characterised as effectively a claim by the defendants for a contribution to port charges.