The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain (The “Prestige”) (No 4) – Court of Appeal (Males, Popplewell and Phillips LJJ) [2021] EWCA Civ 1589 – 4 November 2021

Conflict of laws – Jurisdiction – State immunity – P&I Club bringing actions against Spain and France to enforce arbitration awards and English judgments – Whether states entitled to immunity – Whether court had jurisdiction

In 2002 the vessel Prestige sank off Cape Finisterre, causing fuel oil to pollute the Atlantic coastline of Spain and France. The incident led to the institution of criminal proceedings in Spain in late 2002. Civil claims were brought by various parties within the criminal proceedings. In those proceedings the master of the vessel, as well as the owners were sued. The vessel’s P&I Club was also sued pursuant to the Spanish Penal Code, as the owners’ liability insurers.