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Common mistake: does equity provide relief? Richard Lawson examines a recent Court of Appeal case

15 November 2002

Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] EWCA Civ 1407 Facts In September 1999 the Cape Providence was on her way from Brazil to China with a cargo of iron ore when she suffered serious structural damage in the South Indian Ocean. The defendants learned the vessel was in difficulties and offered their salvage services, which were accepted on the terms of Lloyd’s Open Form of salvage agreement. A tug was found, but it was going to take five or six days for it to reach the Cape Providence from Singapore. There was serious concern that in the meantime the vessel might go down with the loss of her crew. In consequence, an attempt was made to find a merchant vessel in the vicinity of the Cape Providence which would be willing to assist, if necessary, with the evacuation of the crew. It was found that the Great Peace, a vessel owned by the respondents, was the nearest to the Cape Providence and would be close to a rendezvous position wi...

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