Home Information Cases NCNB Texas National Bank v Evensong Co Ltd (1991)

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NCNB Texas National Bank v Evensong Co Ltd (1991)

Summary

Applications under s.30 Merchant Shipping Act 1894

A creditor seeking execution against a ship owner is not an "interested person" for the purposes of an application under s.30 Merchant Shipping Act 1894 to prohibit any dealing with the ship. The section gives an applicant who is "an interested party" a substantial right of relief which is not ancillary to any other cause of action and therefore the court has jurisdiction to give leave under RSC O.11 r.1(1)(b) to serve out of the jurisdiction an originating summons for an injunction restraining dealings with the ship where such application is appropriate.

Facts

Held

Queen's Bench Division
Sheen J
Judgment date
15 May 1991
References

[1992] 1 Lloyd’s Rep 163