Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia and others Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al

Case Number: 
2016 A00003
Neutral Citation: 
[2017]JMCC Comm 18
Date of Delivery: 
28.06.2017

ADMIRALTY CLAIM - CLAIM IN REM AGAINST A SHIP - DEFENDANT ENTERING APPEARANCE AND DEFENDING CLAIM - SHIP UNDER JUDICIAL ARREST BUT NOT BAILED BY OWNER - RENEWED APPLICATION FOR SALE OF SHIP PENDENTE LITE - VALUE OF SHIP FAR EXCEEDS THE CLAIMS AGAINST THE OWNER - WHETHER APPROPRIATE FOR SHIP SHOULD BE SOLD PENDENTE LITE - FACTORS COURT MUST TAKE INTO ACCOUNT - WHETHER COURT BOUND BY PREVIOUS DECISIONS REFUSING APPLICATION FOR SALE PENDENTE LITE - CPR PART 70

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