If the premise upon which an arrest was obtained turns out to be factually unsustainable, can the arrest nonetheless be maintained on a different factual basis by amending the pleadings? That was the question in The Jeil Crystal [2021] SGHC 292 where the Singapore High Court sustained an arrest on the basis that the facts underpinning the amended pleadings fell within the admiralty jurisdiction of the Court and existed when the writ in rem was issued.
The decision of the Court is noteworthy as this appears to be the first time the issue has been considered by the Singapore Courts. This Update provides a summary of the decision and the implications on the law of ship arrest.
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