- Date: 02/09/2001
The Club is often asked about the threat of a counter-action against the Member for wrongful arrest. In most countries, including the United States and England, a ship can be arrested with little possibility of incurring liability for wrongful arrest (even if the action ultimately fails), unless the arrest was malicious. This in effect means that the arrest was made without the claimant having a reasonable belief that his claim was being properly brought.
Before the Club arranges for action to be taken, the Managers will ask the Member concerned to confirm that the debt is truly outstanding and that they know of no counter-claim or other reason why it should not be paid. The arrest, when obtained, is of course in the name of the Member and not the Club.
Everyone makes mistakes...
Could your business deal with a claim for negligence?