CDE SA v Sure Wind Marine Ltd Re SB Seaguard

The Claimant has applied for an extension of time for the commencement of Admiralty proceedings pursuant to s.190(5) of the Merchant Shipping Act 1995 (the �MSA 1995�) with respect to the incident when the Defendant�s vessel, the �SB Seaguard�, collided with the Claimant�s catamaran yacht, �Odyss�e� in Ramsgate Harbour on 17 th April 2011.�

The Claimant�s interests were represented by an insurance claims handler, Mr. Yves De Ruyter, throughout the relevant period.� He provided a witness statement dated 16 th January 2014 which contains the following information:

a. He is an experienced claims handler who has spent his � entire career in the insurance industry � and is the managing director of a company that manages claims on behalf of ESA Euroship Allianz (�ESA�), the insurers of the �Odyss�e�. �

b. He negotiated with Shipowners P&I Club with which the �SB Seaguard� was entered but these negotiations �never produced any result�.

c. In October 2013 arrangements had been made to allow a settlement agreement to be reached when Mr. McCooke, of the Shipowners� P&I Club, sent an E-mail indicating that the Defendant�s insurers intended to rely upon the time bar.