What if the arrest fails the first time?
31 July, 2023
7
If arrest fails at the first time, don’t give up and try once more!
In particular, in the framework of interesting case proceedings, when your Client’s claims are obviously correct.
It was quite an interesting case to be set in details.
A Cypriot company filed to Interlegal a request on ship arrest.
The Client was a fish owner (bred by a Cypriot fish farm).
Two years ago, tanker accident resulted in destruction of fish cages and equipment.
The parties failed to reach a compromise: they settled the issue with farm owners and the shipowner recognized its fault, but the latter refused to reimburse losses in favor of fish owners (a separate company).
The merely interesting was case flow: ship arrest at the third attempt.
For the first two times, tanker was detained for six days in whole; however, the court did not support ship arrest.
But Interlegal law team did not give up. It was a principal challenge for our lawyers – to prove all the nuances at the court and to explain why in first two cases court statements were wrong.
In third case, Interlegal team applied another strategy, i.e. ship arrest without detention. That was a correct choice: the court arrested the vessel and prohibited the master to leave the port.
But it was not the end. An opposing party filed an application on cancelling ship arrest; under the results of longstanding court hearing the application was rejected and the arrest remained in force.
Also, an opposing party filed two appeals. At the appellate proceedings, Interlegal lawyers defended the Client’s interests and proved correctness of their position. The court supported our arguments and rejected satisfying the appeal.
Now we are working on satisfaction of our Client’s claims – to be continued.
Interlegal associate attorney Taras Dragan and junior lawyer Mariia Kalashnikova, managed by associated partner Karyna Gorovaya, led the case.
