Dutch Court grants ship arrest in favour of Trinidad Shipowners

By ttattorneys

Oct 9, 2024

On the 30th December, 2022, the Motor Tanker “Stolt Mercury” sailing under the flag of Liberia collided on the high seas with a long liner Fishing Vessel “Miss Carla Jean” which sails under the flag of Trinidad and Tobago. Subsequent to the collision, the crew of the Miss Carla Jean sought assistance from the crew of the Stolt Mercury, however no assistance was ultimately provided. Eventually, the Miss Carla Jean received assistance from another fishing vessel known as the “Viola”.

As a consequence of the collision, the Miss Carla Jean suffered substantial damage. The Owners of the Miss Carla Jean, along with her Insurers, through our firm, sought compensation for the loss and damage suffered from the Owners / Operators of the Stolt Mercury and their Insurers. These efforts were ultimately unsucessful.

Such efforts having not borne fruit, our firm then turned to tracking the Stolt Mercury and partnering with international partners in order to eventually have the opportunity to arrest the Stolt Mercury for security and prosecute the claims made by the claimant interests of the Miss Carla Jean.

The Owners of the Miss Carla Jean and her Insurers (“Claimants”), through our firm’s network, engaged with the Dutch firm, Ten Holter Noordam, and provided support to the firm in anticipation of the opportunity to arrest the Stolt Mercury in Rotterdam, Netherlands, at her expected arrival in September 2024.

On the 20th September, 2024, the Stolt Mercury was successfully arrested in Rotterdam, Netherlands. On the 21st September, 2024, the Insurers of the Stolt Mercury lodged alternative security for the Claimants’ claims. Proceedings are ongoing before the Dutch Courts.

Ms. Vivian van der Kuil represents the Claimants in the Netherlands. Nyree Alfonso and Asif Hosein-Shah represents the Claimants in and through Trinidad and Tobago.

Photo Credit: Marine Traffic.

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