SS TILAWA 1942 | The Forgotten Tragedy | Nov 23 1942
SS TILAWA 1942 | The Forgotten Tragedy | Nov 23 1942
WATCH THE UK SUPREME COURT JUDGMENT ON THE REPUBLIC OF SOUTH AFRICA'S CLAIM OF STATE IMMUNITY IN CONNECTION WITH THE SILVER BAR'S SALVAGED BY ARGENTUM EXPLORATION LTD.
BELOW IS THE PRESS SUMMARY, AS WELL AS DETAILED JUDGMENT DOCUMENT.
PRESS SUMMARY
Download PDFJUDGMENT
Download PDFTHE REPUBLIC OF SOUTH AFRICA APPEAL TO THE UK SUPREME COURT!
Hearing start date: 28 November 2023
Hearing finish date: 29 November 2023
ISSUE
Whether the silver and the ship carrying it fell within the following provision of the State Immunity Act 1978 s.10(4)(a): "both the cargo and the ship carrying it were, at the time when the cause of action arose, in use or intended for use for commercial purposes" such that the Republic of South Africa is not immune to the jurisdiction of the United Kingdom in respect of Argentum's salvage claim.
FACTS
This Appeal arises out of the salvage of a cargo of 2364 bars of silver from the wreck of the SS TILAWA, a merchant vessel which was sunk in the Indian Ocean on 23rd November 1942. The silver is, and was at all material times, owned by the Government of the Republic of South Africa ("RSA"). The majority of the silver was intended to be used for the production of coinage for the Union of South Africa. Argentum Exploration Ltd. ("Argentum") claims to have salved the silver in 2017. RSA has applied to strike out Agentum's claim for salvage, on the basis that RSA is immune from the jurisdiction of the United Kingdom under the State Immunity Act 1978.
JUDGMENT APPEALED
PARTIES
APPELLANT(s)
[2022] EWCA Civ 1318 (Click here to read)
PARTIES
Appellant(s): Republic of South Africa
Respondent(s): Argentum Exploration Ltd
APPEAL
Justices: Lord Lloyd-Jones, Lord Briggs, Lord Hamblen, Lord Leggatt, Lord Richards
Hearing start date: 28 November 2023
Hearing finish date: 29 November 2023
Click here to see the official UK Supreme Court website page to this case file.
Hedge Fund Chief Paul Marshall Goes to UK Court Over $40 Million Silver Treasure - Bloomberg
Erosion of state immunity in spotlight as £37m salvage claim over the sinking of SS Tilawa reaches Supreme Court _ Law Gazette
Hedge Fund Tycoon Anthony Clake Doubles as World’s Top Deep-Sea Treasure Hunter
A tragedy that cost the lives of hundreds of Indian people
Copyright © 2013 TILAWA 1942 Heritage productions inc. - All Rights Reserved.
Dedicated to the missing & surviving victims of the SS Tilawa tragedy.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.