Ship broker wins appeal in High Court

Damages sought for breach of contract, negligence and breach of duty

Machinery firm Castlelyons Enterprises had sued Southampton-based shipbroker and freight forwarder, NMT Shippping UK, along with South Korean company EUKOR Car Carriers Inc.

Machinery firm Castlelyons Enterprises had sued Southampton-based shipbroker and freight forwarder, NMT Shippping UK, along with South Korean company EUKOR Car Carriers Inc.

 

A ship broker has won an appeal against a High Court decision that a legal dispute for alleged breach of contract over the carriage of machinery for a Dublin company could be heard by the Irish courts.

Machinery firm Castlelyons Enterprises had sued Southampton-based shipbroker and freight forwarder, NMT Shippping UK, along with South Korean company EUKOR Car Carriers Inc.

Castlelyons sought damages for breach of contract, negligence and breach of duty in relation to the carriage of a cargo of plant machinery from Dublin to the United Arab Emirates in or about February 2009.

In 2016, the High Court refused NMT’s application for an order declaring the Irish courts had no jurisdiction to determine the claim against NMT.

NMT appealed, arguing EU regulations governing recognition and enforcement of judgments in civil and commercial matters meant it must be sued in the UK.

Castlelyons opposed the appeal, maintaining the Irish court had jurisdiction.

On Wednesday, Ms Justice Máire Whelan, on behalf of a three-judge Court of Appeal, allowed the appeal.

She found Castlelyons had failed to discharge the onus of proof upon it to establish jurisdiction under the relevant regulation.