Thor Shipping A/S v The Ship "Al Duhail"

REASONS FOR JUDGMENT 1 The Amir, seeks costs on an indemnity basis. I am not inclined to make that order for two reasons. Firstly, the possibility of indemnity costs should not be used to deter legitimate claims. The applicant's claim was, at its inception, legitimate. It experienced considerable difficulty in identifying the true owner of the vessel. It is understandable that inconsistency in some of the responses given by the Amir's solicitors, no doubt acting on instructions, caused doubt and clouded judgment. Secondly, on my findings, the Amir entered into the relevant charterparty through his agent and now escapes liability on it by virtue of his immunity. I do not suggest that the Amir personally intended to bring about that result, but it has happened. 2 In those circumstances, it would be inappropriate to order costs on an indemnity basis. I will not do so. I order in terms of the amended draft. Upon payment of the Admiralty Marshal's costs and expenses in connection with the custody of the vessel "Al Duhail" whilst it has been under arrest, including any costs associated with its release from arrest, I order that the vessel "Al Duhail" be released from the arrest executed under the arrest warrant issued on 20 August 2008. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.