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Update 17 Sept 2014 Charles Hattersley, Lawyer

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Update 17 Sept 2014 Charles Hattersley, Lawyer

Post  Admin on Thu Sep 18, 2014 7:25 am

HMS Plymouth update from Charles Hattersley, Lawyer
The Vessel:
Our Turkish lawyers have had confirmation by letter from the Yard that work has not commenced on the vessel; we have also received very robust correspondence putting the Trust on notice that they are taking our actions very seriously and will instruct lawyers to respond; this is to be expected but is good news in the sense they are going through the correct channels and not commencing the cutting procedure without regard to due process.
Regulatory issues:
The government atomic/nuclear inspector is on site still as is the environmental/licence inspector ; their reports are still in draft but we will receive copies and in the interim the scrap commencement procedure remains on hold; it must be assumed we have at least a week but I will obtain confirmation of the anticipated timetable from our lawyers. If the reports are critical - which they should be - then of course we will have considerably more time.
Court Hearing :
The Turkish Judge in Izmir decided after further extensive reading and submissions today, not to grant a provisional interim injunction but he appeared very concerned about the case and particularly the fact that under English law a charitable object / property remains as such i.e. once such an object always a charitable legal entity in perpetuity. However - despite scouring the text books - he could not be sufficiently sure that on the papers before him he could grant, under Turkish law, a provisional injunction without notice to the potential Defendant i.e. the Yard. It follows that although this application has been refused it can be appealed ( I think he gave leave to appeal - but am checking with Gokhan ) or another application submitted that is less onerous in that notice is given to the Yard. Because the points are all on the law - and not ones of fact -the appeal procedure may have good prospects of success but am awaiting advice from Gokhan on this point.
Comment:
The English Admiralty court proceedings are ,of course, still extant but we do not want to proceed against the Peel Group and, despite finding title should never have vested in that Company, have the vessel no longer in existence. As indicated it remains intact and there should be, in any event, a significant delay before action ( if any) commences in the Yard. We should have a clearer picture of the appeal procedure and other legal options from Gokhan tomorrow. Of course it may be a good time for someone to commence without prejudice discussions with the Yard. The vessel must be available at a price which we could seek to recover from the Peel Group in the English Admiralty court. At least that would preserve the vessel and I have contacts that would provide towage services at very reasonable rates. I understand the berth in Plymouth is now - at long last - guaranteed.
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