DYC Fishing Limited v The Owners of MV Devin and MV Brice

Admiralty – Contract for harvesting conch – Advance said to have been given to outfit harvesting vessel – Contract said breached by harvester – Claim for damages for breach of contract - Claim brought in rem – Vessel arrested - Whether claim to be in rem or in personam – CPR rr. 70.2, 70.7

Civil Practice – Witness summons - Order for witness summons duces tecum to be issued in respect of interlocutory application – Order made on application made without notice – Whether evidence may be taken without being tendered by way of affidavit – CPR rr. 11.9, 33.2, 33.3

Civil Practice – Application for Summary Judgment – Claim that Defendant failed to perform terms of contract – Uncertainty as to the period covered by the claim – Uncertainty affecting proof of performance – Whether claim has any real prospect of success – Whether vessel should be released - CPR rr. 1.1, 15.2