ABSTRACT
Where a ship has caused damage a claimant faces significant difficulties. The ship that caused the damage could be the only asset of the defendant within the jurisdiction. Thus if the ship sails away the claimant would then have to chase the defendant shipowner in a foreign jurisdiction. Even if the claimant succeeds in bringing a claim or in having a domestic judgment recognised in the foreign jurisdiction, it could well turn out that the ship has been sold and there are no other assets against which the judgment can be enforced. Thus detaining the ship is in practice the best option for the claimant. However, depriving the defendant shipowner of the use of its property
wrong.
