Clydes is representing more than 40 underwriters that insured the cargo, in a bid to retrieve $62m (£32m) from Metvale, the owners of the MSC Napoli, which ran aground 40 miles south of
Clydes shipping and dispute resolution partner Andrew Nicholas is leading a five-member team along with shipping partner marine casualty specialist Stephen Pink.
Shipping and insurance boutique Waltons & Morse is representing around 20 underwriters in a bid for compensation. Shipping partner Roy Ginsberg is leading the team.
Metvale and other related parties will be required to make a payment of approximately $100m to underwriters if it can be proved that the vessel was unseaworthy due to a defect that should have been discovered when the voyage began.
Holman Fenwick marine litigation partner Hugh Livingstone assisted by solicitor Geraint Powell is representing Metvale.
The case, which looks set to be one of the UK’s most complex and protracted shipping disputes of recent years, is likely to be heard in the High Court, although no date has yet been set.
Nicholas commented: “The case is large and significant for the shipping group. Our clients will be arguing that the vessel was unseaworthy at the commencement of the voyage.
“No doubt the ship owners and carriers will attempt to show that any defect was not discoverable by the exercise of due diligence. Often in these unseaworthiness cases the focus is on the due diligence point.”
In a related dispute, Clydes and Ince & Co will gather around the negotiating table in an attempt to resolve how much the wreck’s salvors are owed. Salvage company Smits removed containers from the washed-up wreck and is entitled to be paid a fee for the return of the goods to the original owners.
Nicholas will be representing underwriters in their fee negotiations with the salvors. Ince partner Stephen Askins is leading a team representing the salvors.
