NALF International Law Firm obtains a concurring judgment in a maritime claim of AED22 million
In a recent judgment, the Court of Appeal, Dubai, upheld the decision of the Court of First Instance in allowing the claim of AED22 million with interest to the Charterer of the Vessel (“the Client”), for the damage caused to the Vessel. NALF, representing the Client successfully convinced both the Courts on various factors of the Claim, including the quantum, the eligibility of the Client, seaworthiness of the Vessel, etc. The Courts accepted the contentions of NALF and acknowledged the worthiness of the Vessel, on the basis of valid Classification and other Certificates of the Vessel, which was aggressively challenged before the Courts. The defendants in the case were represented by Clyde and Co and Ahmed Ibrahim Advocates and Legal Consultants respectively.
In this case, the Vessel chartered from the Client by the defendants for a project suffered catastrophic failure and subsequent damage due to loading that was outside the parameters stipulated in the class approved longitudinal strength and loading manual and hence the claim. NALF made proposals for amicable settlement before institution of the Claim before the court, however those proposals were waved aside by the defendants questioning the eligibility of the Client for the Claim and the worthiness of the Vessel.
Both the courts in this case found concurrently the existence of commercial relationship between the Client and Defendants and the worthiness of the Vessel with valid Classification and other certificates compliant with requirements of Regulators.