SMIT Salvage BV & Ors v Luster Maritime SA & Anor (MV Ever Given - Salvage Claim) [2024] EWCA Civ 260-19 March 2024- (King LJ DBE, Males LJ, Popplewell LJ)

The CA dismissed the defendant Owners’ challenge to the Admiralty Court’s ruling that the claimant Salvors were entitled to remuneration pursuant to the Salvage Convention or common law (i.e. limited only by Vessel salved value).  Upholding the findings of the Court below, the CA agreed that Owners had failed to discharge their burden of demonstrating, by way of the exchanges with Salvors, an unequivocal intention to enter a binding, fixed remuneration agreement instead. Nor could it be said, in the circumstances, that when urgent negotiations subsided, this evidenced that both parties considered a binding agreement concluded.