Further to our initial advice and subsequent update, you are no doubt aware that EVER GIVEN remains at Great Bitter Lake, having been detained by Suez Canal Authority, in respect of which, the following advice has been issued today:

7 May 2021

Update from Ship Owners:

“We wish to provide you with an update regarding the claim by the Suez Canal Authority (“SCA”) and the steps Owners are taking to try to resolve the matter for the benefit of Ship, Cargo, and other property interests.

We can confirm that the vessel has been arrested by the SCA against the sum of USD 916m. As you will appreciate, this claim is unprecedented and has been made without adequate justification.

Owners are challenging all claimed items in an effort to reduce the quantum of the claim to a reasonable level.

The situation is challenging, but Owners are doing their utmost for the benefit of Ship and Cargo to reduce the claim amount and to secure the release of the vessel as quickly as possible. Negotiations are ongoing but, so far, a breakthrough has not been achieved.

All parties should be aware that Owners are not prepared to make an unreasonably high payment to the SCA to resolve this matter quickly. No payment will be authorised by Owners unless it is deemed to be reasonable in the circumstances.

While the progress of the negotiations is slow, we remain confident that Owners will do their best to achieve an outcome which is in the best interests of Ship, Cargo, and other property interests.

Finally, we confirm that all other claims outside of Egypt arising from the incident, including from Smit, are being dealt with and information will be provided on these in due course.”

If you are aware of any involvement in this casualty and W E Cox Claims Group may be of assistance in any way, including provision of GA guarantees, arranging surveys, adjusting any potential losses &/or undertaking recovery action, please do not hesitate to contact us. As appropriate, please contact:

United Kingdom – Paul Friett

Hong Kong – Twinnie Lai

Singapore – Paul Sansom

USA – Charles Droll

Australia – Niall Orr

If this or future casualty notices should be forwarded to any of your colleagues, we would be pleased to receive their contact details and we will add them to our Client List.

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