Andmed seisuga: 29.11.2024 01:21 (GMT+2)

Judgement of Court of Appeal in London on June 21, 2002

28.06.2002, Latvijas kuģniecība, RIG

Latvian Shipping Company and its direct subsidiary Latreefers Inc (in
liquidation) are the subject of proceedings brought by Stocznia Gdanska
SA ("the Polish Shipyard"). The litigation, which is taking place in
the English courts, arises out of six English law contracts with the
Polish Shipyard to construct six reefer vessels.

The reefer contracts, entered into in 1992, were between the Polish
Shipyard and a direct subsidiary of Latvian Shipping Company Latreefers
Inc. Latvian Shipping Company is not party to the reefer contracts, nor
a contractual guarantor of Latreefers' obligations.


A deposit of approximately 5 % of the total deal, approximately US$8.47
million in aggregate, was paid to the Polish Shipyard on signing of the
contracts. Subsequently, during 1993, but before the first keel was
laid, Latreefers sought to renegotiate the reefer contracts due to a
change in the reefer market. The Polish Shipyard refused to
renegotiate, as it was contractually entitled to do, and Latreefers
decided not to perform the reefer contracts. In 1994 the latter was not
a party to the contracts.

The court proceedings have confirmed that the Latvian Shipping Company
is not party to the reefer contracts, nor a contractual guarantor of
Latreefers' obligations. However, by virtue of the Latvian Shipping
Company's contractual arrangements with a third party (the Isle of Man
agent which incorporated and administered Latreefers) Latvian Shipping
Company has been held by the High Court to be liable in tort towards
the Polish Shipyard.

This decision has been appealed by the Latvian Shipping Company and the
judgement of the Court of Appeal in London was awaited on June 21,
2002.

Court of Appeal in London judgement on June 21, 2001 rejected appeal of
Latvian Shipping Company and previous High Court judgement remained in
force. The Polish Shipyard has asked for damages in the amount of USD
37 - 48 million as well as interest and costs of litigation.

Presently, Latvian Shipping Company considers the possibility of a
further appeal to the House of Lords. The possibility to file such
appeal will become known in July, 2002 and if the appeal will be filed
it is not known when House of Lords will rule and announce their
judgement.

If such appeal to House of Lords is not filed or is over ruled court
proceeding will take place and amount of The Polish Shipyard damages
will be set. The court hearing to decide on the loss suffered by the
Polish Shipyard is expected to take place in

October 2002. Presently company has made provisions for possible
damages for the first 2 reefers that were built and later sold to third
parties for the amount US$9 million less than put in reefers contract
Latvian Shipping Company has been advised that any judgement in favour
of the Polish Shipyard for remaining 4 reefers that were not built is
likely to be for an amount considerably less than the amount claimed.

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