Mikhail Jackson successfully represented XO Shipping A/S in its bid to intervene in a recent application for the sale of a ship pending trial. The application was made by the Claimant Jebmed S.R.L. in respect of the motor vessel Trading Fabrizia which was under arrest. The Hon. Mr. Justice Batts granted the application to intervene made by XO Shipping A/S based on its interest in the bunkers (i.e. fuel) on board the vessel.

In its decision, the Court explored the considerations to be borne in mind when ordering the sale of a ship pending trial, and concluded that a sale in this matter would prejudice the owners of the ship. However, in recognising the interests of the Claimant and the Intervener, the learned Judge made his order releasing the ship conditional on payment by the ship’s owners of security pending trial.

Jembed S.R.L. v. Capitalease S.P.A. (owners of motor vessel Trading Fabrizia) was one of only five cases for the year 2016 in the Admiralty Division of the Supreme Court of Jamaica; heard in late December with the written reasons for the decision delivered in late January 2017.  This is an area which typically produces few written judgments, and so the written decision of Mr. Justice Batts is welcomed as it adds guidance on this vexed area of the law and contributes to the growing jurisprudence of Jamaican Admiralty matters.  The full decision of the Court can be found here.