Case Note - Maersk v Mercuria [2022] 2 Lloyd's Rep 95
Kishore Sharma and Dr. Arun Kasi have written a case note on the matter of Maersk v Mercuria [2022] 2 Lloyd's Rep 95.
A cargo claimant brought court proceedings in Turkey against the carrier within the one-year time limit stipulated in the bills of lading but in breach of an exclusive English jurisdiction clause therein. The carrier applied to English court for a final anti-suit injunction. The court granted the anti-suit injunction despite the claims being, by then, time barred and not able to be brought again in the English courts. The court refused to impose a condition that the carrier would not raise time bar defence in any subsequent English court proceedings; or to require the cross-undertaking in damages that the cargo claimant asked for, the injunction being final, rather than interlocutory.
The court refused to summarily assess costs in favour of the carrier due insufficient details in the schedule of costs, but ordered interim payment on account thereof.
Read the full case note here.