Anchored by Malice: Why Most Unjustified Arrests Don't Lead to Damages for Wrongful Arrest
Dr. Arun Kasi presents the eighth article in a series of articles in relation to the latest legal issues arising out of Admiralty claims.
𝗔𝗻𝗰𝗵𝗼𝗿𝗲𝗱 𝗯𝘆 𝗠𝗮𝗹𝗶𝗰𝗲: 𝗪𝗵𝘆 𝗠𝗼𝘀𝘁 𝗨𝗻𝗷𝘂𝘀𝘁𝗶𝗳𝗶𝗲𝗱 𝗔𝗿𝗿𝗲𝘀𝘁𝘀 𝗗𝗼𝗻'𝘁 𝗟𝗲𝗮𝗱 𝘁𝗼 𝗗𝗮𝗺𝗮𝗴𝗲𝘀 𝗳𝗼𝗿 𝗪𝗿𝗼𝗻𝗴𝗳𝘂𝗹 𝗔𝗿𝗿𝗲𝘀𝘁
A short teaser of this interesting read below…
Arresting a vessel is one of the most powerful tools in maritime law, but what happens when the arresting party gets it wrong? While a shipowner has the right to claim damages, succeeding is another matter entirely. The bar for a wrongful arrest claim is set exceptionally high, requiring proof not just of an error, but of bad faith or gross negligence implying malice. This article deconstructs the stringent legal test through the lens of a recent High Court decision, The Divinegate. It explores a case where a claimant, acting on misleading public records, made what the court called a "genuine but understandable mistake". Find out why, despite the arrest being unjustified, this mistake was not enough to unlock a claim for damages, and what this means for shipowners and claimants alike.
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To instruct Dr Kasi on shipping matters, please contact his clerk at Stephen Somerville on [email protected] or +44 (0)20 7404 5252
