Defense in Vessel Collision Case
We acted for clients who are the defendant owners of a vessel which was involved in a collision with two other vessels. Solicitors for the plaintiffs filed an in rem writ in the Singapore High Court against our clients. There was subsequent correspondence between the Plaintiffs’ solicitors and our clients’ claims handler from their P&I club revolving, inter alia, provision of security and settlement negotiations. The in rem writ subsequently expired and the claim also became time-barred. The Plaintiffs’ solicitors successfully applied to renew the in rem writ after its expiry. We filed an application on behalf of clients in the High Court of Singapore to set aside the in rem writ on the basis that it should not have been renewed as there was no good reason for its renewal. Among the arguments were that there were no settlement negotiations which formed good reason for the renewal of the writ. This resulted in a lengthy reported judgment from the learned Assistant Registrar who heard our clients’ application. Although our clients were unsuccessful in the application, the reported judgment helped clarify the relevant considerations when a party applies to renew a writ after its expiry.