The Reinbeck
| Jurisdiction | England & Wales |
| Judgment Date | 17 January 1889 |
| Date | 17 January 1889 |
| Court | Court of Appeal |
Court of Appeal
Lord Esher, M.R., Bowen and Fry, L.JJ.
The Reinbeck
McHenry v. Lewis 47 L. T. Rep. N. S. 549 22 Ch. Div. 397
The ChristiansborgDID=ASPM 53 L. T. Rep. N. S. 612 10 P. Div. 141 5 Asp. Mar. Law Cas. 491
Lis alibi pendens Action in rem Bail
366 MARITIME LAW CASES. Ct. of App.] The Reinbeck. [Ct. of App. Supreme Court of Judicature. COURT OF APPEAL. Jan. 16 and 17,1889. (Before Lord Esher, M.R., Bowen and Fax, L.JJ.) This Reinbeck. (a) ON APPEAL FROM THE PROBATE, DIVORCE, AND ADMIRALTY DIVISION (ADMIRALTY). Lis aliti pendens-Action in rem-Bail-Election. The owners of the British ship B. and the owners of her cargo sued the German steamship R. in the German Consular Court at Constantinople for damages for injury to the cargo caused by collision between the two vessels. An order was made therein for the arrest of the B., or for bail, subject to the plaintiffs giving security for a certain sum. The action was proceeded with, but the plaintiffs never gave the required security, and consequently the B. was never arrested The B. left Constantinople during the pendency of the action and came to England, where she was arrested in the present action in rem instituted by the owners of cargo in respect of the same cause of action. Previously to the institution of the present action the defendants had given bail in the action at Constantinople, to which port the B. was a constant trader, although the plaintiffs in that action had never given the required security. The limit of the defendants' liability in the German Consular Court was the value of the It., a sum considerably less than the limit of their liability in this country. Upon motion by the defendants to release the B. without giving bail, or to stay the action: Held (affirming Butt, J.), that bail having been given without the plaintiffs having deposited the required security, was given voluntarily and not under compulsion, and that the plaintiffs were not proceeding vexatiously in instituting a second action in this country, and that the ship ought not to be released. Semble (per Butt, J.), that the master of a ship carrying cargo where, his ship and cargo have been damaged by collision in or near a foreign port, has authority to institute an action in rem in the foreign port against the offending ship on behalf of both ship and cargo, and the owners of the cargo cannot, so long as that suit is pending in their names, be allowed to deny his authority. This was an appeal by the defendants in an action in rem from a decision of Butt, J., refusing to release their ship without bail, and stay all further proceedings in the action. The action was instituted by the owners of cargo lately laden on board the British steamship Bed Jacket, against the owners of the German steamship Reinbeck, to recover compensation for damage occasioned to the cargo by reason of a collision between the two vessels. The collision occurred on the 5th Aug. 1888 in the Bosphorus, and a few days subsequently the owers of the Bed Jacket and her cargo formally submitted themselves to the jurisdiction of the Imperial German Consular Court, and instituted an action therein against the Reinbeck. An application was made therein by the plaintiffs to arrest the Reinbeck, and on the 21st Aug. her arrest was decreed by the German Consular Court under a document, the following being a translation of the material parts thereof: In behalf of the pretended claim of 25,000l. (literally, twenty-five thousand livres sterling), belonging to the plaintiff, against the defendant, on subject of the damage caused to the British steamer Red Jacket by the steamer .Reinbeck, the...
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The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
...in the face of the Surveyor's report, he would stand in Belgium. There is nothing wrong with this. As Lord Esher said in the ( Reinbeck 6 Asp. M.C. 366) you may expect men of business to act as such, in a good stand up fight. But one must weigh the considerations on the other side. 90 I nee......
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The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
...in the face of the Surveyor's report, he would stand in Belgium. There is nothing wrong with this. As Lord Esher said in the ( Reinbeck 6 Asp. M.C. 366) you may expect men of business to act as such, in a good stand up fight. But one must weigh the considerations on the other side. 90 I nee......
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The "Blue Fruit"
...Christianborg, The (1885) 10 PD 141 (distd) Marinero, The [1955] P 68; [1955] 1 All ER 676 (distd) Reinbeck, The (1889) 6 Asp MLC 366; (1889) 60 LT 209 (refd) Dennis Murphy (Donaldson & Burkinshaw) for the appellant P Selvadurai (Rodyk & Davidson) for the respondent. Judgment reserved. Wee ......