The Business Law Reports
[2022] Bus LR 698
Court of Appeal
M/V Pacific Pearl Co Ltd
v
Osios David Shipping Inc
[2022] EWCA Civ 798
2022 May 26;June 14
Lewison, Males, Snowden LJJ
Shipping— Collision— Security for claim— Claimant’s and defendant’s vessels colliding— Each party required under standard form collision jurisdiction agreement to provide security for other party’s claim in form reasonably satisfactory to that party— Claimant’s P&I club offering security for defendant’s claim by way of letter of undertaking— Defendant refusing to accept security because of inclusion in letter of sanctions clause— Judge holding security in form reasonably satisfactory to defendant— Whether defendant contractually obliged to accept it—
ASG 2 Collision Jurisdiction Agreement, clause C