Plantation A Legal Thriller

by J M S Macfarlane

  Chapter 85

  In the High Court in England (and in courts around the world), there are time-limits for an appeal : judges won’t look at documents handed in late. This has nothing to do with the interests of justice. It is supposed to be playing by the rules. And it is too bad if the rules get in the way.

  Mr Justice Hedley had had all the papers about Plantation’s appeal for several weeks when a further affidavit from Meredith arrived on his desk on the morning of the hearing. At first, he was amazed that any solicitor would have the temerity to flout the rules so brazenly. Then he was angry that they expected him to read it and he threw it aside. At last, his curiosity got the better of him and he decided to look at it before going into court.

  Hedley had decided weeks earlier that Plantation had reached the end. At the start of the hearing, he intended to give his reasons in two minutes why there was nothing to justify an appeal. The request had wasted everyone’s time, especially his own : Plantation would pay for that.

  Everyone who had been at the original hearing was there with the exception of Ashby. Ransome, Garrick, Frances Keen, Millward, Elefthriou, Thanakis and Grant were on one side with Meredith and Riordan on the other. At the back of the court sat Roger Grenville, Nigel Black and George Waring, waiting expectantly. Three journalists sat with notepads at the ready.

  After Hedley made a sweeping entry and ascended his throne, everyone knew what he was going to say – or so they thought.

  “This morning, I received an affidavit from Plantation’s solicitor, Mr Meredith. Usually, I would have ignored it. As it was handed to the Plaintiff’s counsel at the very last moment, they were unable to comment on it.”

  “We have seen it, my Lord and we agree entirely with your Lordship,” said Ransome while looking behind him at Elefthriou and Millward.

  “Thank you, Mr Ransome. I will quickly outline what I have decided. I have to say that I’m deeply troubled by these latest revelations. I recall very clearly, Mr Robert Ashby’s allegations of fraud during the hearing which he was unable to substantiate. The shipowner’s claim against Plantation was based on the loss of its vessel, the Captain Stratos. All of the evidence stated unequivocally that the master, crew and cargo had been lost with the ship. Nothing was ever recovered from the wreck or found washed up on any coastline. This happened over three years ago. Plantation’s solicitors say that the Protection & Indemnity insurer has already compensated the families of the master and the crew and also the cargo owners for their loss of property.....however.....quite remarkably, only this weekend the Greek police arrested the master of the Captain Stratos during an armed confrontation in Athens. Mr Ashby has alleged that the master scuttled his ship and the police are investigating this. In addition, the former Chief Engineer has been located, working on another merchant ship in the Gulf of Arabia. These revelations have seriously undermined my original judgment. Mr Meredith’s affidavit says that the master, Captain Christoforou purposefully remained in hiding in order to maintain the deception of having gone down with his ship. The same is said of the Chief Engineer. Mr Meredith says that the deception would also apply to the crew who were Philippino seamen. I understand that the P&I insurers will be seeking the recovery of what they have paid and are interested in collaborating with Plantation to find out exactly what the Captain and the crew did. Apparently, Mr Ashby is confident of proving that the Captain and crew intended to sink the Captain Stratos at least two weeks before the ship was lost. As far as the fraud alleged by Plantation is concerned, the question is what did the Captain and crew stand to gain by sinking their ship ? Who would gain the most if the ship was scuttled ?”

  Riordan then stood up and said “That is correct, my Lord. And the only part which has not yet been established is the position of the claimant shipowner, Hellas Global. We understand from Mr Ashby that the Greek police want to interview the company’s directors and agent about the arrest of the ship’s master and the insurance claims.”

  This launched Ransome to his feet. “My Lord, my client stands ready to provide whatever assistance the police may need. It is, after all, my client who has been the victim of the criminal actions of the master and the crew. The no longer have a ship. How could the owner possibly control what was happening on the high seas ? This is clearly a case of barratry, my Lord – where those operating the ship have committed crimes at sea which were beyond the control of the shipowner and have led to the loss of the ship and the cargo. Barratry is covered by the policy, my Lord and even if Mr Ashby’s allegations regarding the master and the crew are correct, that would still not prevent my clients from recovering the full twenty million pound indemnity under the policy.”

  “In any event,” said the judge, while gathering his thoughts to give his decision, “a new set of facts has emerged which differs from those presented to the court during the last two years. Today’s hearing was to deal with Plantation’s appeal against the original judgment. That, in turn was based on a factual matrix which was wrong. At the same time, new facts are emerging from the police investigation in Athens and Mr Ashby’s enquiries in west Africa. Plantation says that a conspiracy took place between the shipowner, the master and the crew to defraud it by scuttling the Captain Stratos. While that is an extremely serious allegation to make, a new set of facts has now come to light. In response, Hellas Global denies any conspiracy and says that this was a case of barratry where the master and crew committed criminal acts on the high seas, beyond the control or influence of the shipowner. They also say there is no proof of its involvement in any fraud, that their claim has continued for two years and that they are without a ship and a business. The outcome of the police investigation and Mr Ashby’s enquiries could determine whether the claim should have been brought at all. However, as I said many times during the hearing, over two years has passed since the claim was brought. Up to the present time, nothing has been proved against the shipowner to say they should not have brought the claim or that they have done anything wrong. I have therefore decided that pending completion of the criminal investigation, the full value of the claim should be paid into court within forty eight hours to be held until the police advise that their enquiries have been concluded or it is agreed between Plantation and Hellas Global’s solicitors that the money should be paid out or refunded. If there are further developments, either of the parties are free to approach the court in the meantime.”

  Everyone stood as Hedley whooshed back out of court and then they looked at each other in surprise. The decision was not at all what everyone assumed it would be. Hellas Global had finally forced Plantation to pay out the twenty million pounds for the claim but Elefthriou couldn’t get his hands on it. Plantation had fended off the shipowner but still had to pay up, not to Hellas but to the court. No-one was content. It all rested on the outcome of the police enquiry in Athens. Elefthriou would be pushing for it to be completed urgently ; Ashby would be seeking more time, as in the appeal.

  Meredith, Millward, Riordan, Garrick and Frances Keen discussed the next stage and what might happen. It was apparent that the wind had been taken out of Hellas Global’s sails. Their lawyers were nowhere near as confident as they’d appeared during the hearing. And the allegation of fraud was growing louder in their client’s direction and they were unsettled by it.

  At the back of the court, Grenville, Black and Waring didn’t quite know what to make of Hedley’s judgment. Plantation had the funds in its bank account to make the payment into court and was able to do so, now that the freezing Order obtained by Wheeler of Marlowe & Co had been lifted.

  “What are your thoughts on the matter ?” asked Grenville to Waring as they left the court. “Does it push us over the edge, do you think ? Are we now at the point where our reserves have run out ?”

  As they wandered down the corridor of black and white tiles, past the Edwardian court rooms, Waring said “I’m not sure.....I may have to take advice. If there are close to insufficient funds to pay ongoing claims, then does
the twenty million pounds sitting in court still belong to Plantation ? Or is it a liability and not Plantation’s property at all ? How will we know ?”

  “Yes,” murmured Black while thinking of how Hedley’s judgment was now going to affect what he’d arranged with Elefthriou. “It’s all a bit of a muddle, isn’t it ?”