Argentum Exploration Ltd v The Silver and All Persons claiming to be interested in and/or to have rights in respect of, the Silver (The SS Tilawa) – [2022] EWCA Civ 1318, Court of Appeal (Popplewell, Andrews and Elizabeth Laing LJJ) – 11 October 2022

Salvage – Sovereign immunity – Salvaged silver bars – Customary international law – Meaning of phrase “in use or intended for use for commercial purposes” in relation to cargo – Meaning of “wreck” – Powers of Receiver of Wreck – State Immunity Act 1978, sections 10 and 13 – Merchant Shipping Act 1995, sections 236 and 239

The voyage was thus arranged by the Government of India, but it was not disputed – despite the lack of documentary evidence – that RSA was a party to the contract of carriage. The silver, which was carried locked in the bullion room, was to be minted into coinage, and the trial judge found that it was probable that the silver was to be used to make both RSA (80 per cent) and Egyptian (20 per cent) coinage, so that it was designed primarily for sovereign use. Also on board were a cargo of cotton, 732 passengers and a crew of 222.