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The Warrant of Arrest and the Importance of Getting it Right the First Time Round – The Jeil Crystal [2022] 2 SLR 1385 [case comment]

Cai Jianye Edwin & Tay Xi Ying

[2023] SAL Prac 6

In an application to set aside a warrant of arrest of a ship, can the warrant of arrest be upheld on the basis of an amended claim and/or cause of action which was not originally pleaded by the arresting party at the time of the application for and the issue of the warrant of arrest? This question was squarely dealt with by the Court of Appeal in The Jeil Crystal [2022] 2 SLR 1385 for the first time. This article explores the implications of and key takeaways from the Court of Appeal’s decision.