Wrongful Arrest in UK Law
-
Ship arrests in the UK – can an arresting party be required to give cross-undertakings in damages?
The law on ship arrest in England is well-entrenched. In essence, a party’s ability to arrest a ship in the UK occurs as of right. Accordingly, a shipowner will be unable to recover any compensatio...
-
The Thin Blue Line
... ... dismissing their claims for wrongful arrest by the defendant's ... Background ... On 22 January 2005, the three ... ...
-
Congentra Ag v Sixteenthirteen Marine Sa [2008] Ewhc 1615 (Comm)
... ... charter and wrongful interference with the owners' ... business ... As a result, ... arrest." Mr. Justice Flaux's view was that ... recognising a tort of ... ...
-
Ship Arrests In The UK Can An Arresting Party Be Required To Give Cross-Undertakings In Damages?
...The law on ship arrest in England is well-entrenched. In essence, a party's ability to arrest a ... a shipowner will be unable to recover any compensation at all for wrongful arrest unless the arrest was obtained by mala fides (bad faith or malice) ... ...
-
Exclusion of deliberate acts in insurance policies (UK)
A June 2021 UK Supreme Court judgment has highlighted the difficulties insurers may face when relying on a intentional or deliberate acts exclusion. A bouncer at a pub in Aberdeen, Scotland had app...
-
Acceleration Without Due Care May Lead To A Bumpy Ride
... ... liability to which a lender could be exposed in the event of a wrongful acceleration of a loan could potentially be substantial if the lender ... In the context of ship mortgages for instance, a wrongful arrest of the mortgaged vessel could entitle the borrower to damages in respect ... ...
-
Maritime Arrest Under English Law
... ... It is important that the arrest regime is not invoked in bad faith or without due consideration, as doing so may provoke an action for wrongful arrest ... Special conditions apply if the vessel to be arrested is involved in oil spillage, about which evidence will need to be adduced to the ... ...
-
A Greek Tragedy in Central London
... ... Churchill Junior accepted that the police had reasonable grounds to arrest him. However, he claimed that the failure to tell him the full proper ... The claims for wrongful arrest and false imprisonment therefore failed ... Points for ... ...
-
An Overview of the 1952 and 1999 Arrest Conventions
... ... Article 3 permits the arrest of sister ships. In the event of wrongful arrest, it is possible to claim damages pursuant to the 1952 Arrest Convention, although this is a difficult claim to establish because it requires ... ...
-
Better than Poirot...
... ... A recent case examines the threshold for arrest and the requirement of objective reasonable grounds for suspicion ... They each brought a claim against Thames Valley Police for wrongful arrest and false imprisonment, although one of these claims was dropped ... ...
See all results