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Fulfilling the Duty of Full and Frank Disclosure in Arrest of Ships – Identifying, Consolidating and Presenting Material Facts

Eugene Cheng Jiankai

(2017) 29 SAcLJ 317

The development of Singapore’s admiralty jurisprudence has given birth to a duty of full and frank disclosure in the application for a warrant of arrest against a ship. This duty of disclosure obliges an arresting party to identify and present material facts to the court, failing which, the arrest may be set aside and a finding of wrongful damages may be made against the arresting party. The identification, consolidation and presentation of material facts are therefore integral aspects to a successful arrest. This article seeks to provide an exposition on the above aspects, which are integral to the fulfilment of the duty of full and frank disclosure.