Claim of $ 6.4 billion from X-Press Pearl SJB invokes admiralty jurisdiction of Colombo High Court

By Lakmal Sooriyagoda  

The main opposition Samagi Jana Balawegaya (SJB) and several parties yesterday instituted legal action in the Colombo High Court invoking its admiralty jurisdiction to claim $ 6.4 billion from eight defendant parties including the MV X-Press Pearl Vessel, for the purpose of distributing among the fishermen and other persons affected by the X-Press Pearl Maritime Disaster.

The plaintiffs Samagi Jana Balawegaya General Secretary Ranjith Madduma Bandara, SJB Parliamentarian Kavinda Jayawardhana, Founder and Chairman of Zero Plastic Movement Nishshanka De Silva and Elakanda Sadasarana Rural Fisher Folk Organization filed this action against the owners, operator, manager, insurer of the vessel M.V. X-Press Pearl for $ 6.4 billion for the damages caused to the Plaintiffs as well as Sri Lanka by the vessel M.V. X-Press Pearl and other incidental losses and damages including clean up.  

The plaintiffs have filed this matter in the Colombo High Court in terms of Sections 2(1) (e), 2 (4), 3(1) and 4 of the Admiralty Jurisdiction Act No.40 of 1983 read together with Marine Pollution Prevention Act No. 59 of 1981.  

EOS RO Private Limited the registered owner of the X-Press Pearl Vessel, Sea Consortium Private Limited (a third-party operator), X-Press Feeders Limited (the ship manager), Sea Consortium Lanka Pvt. Ltd the local agent for the Sea Consortium Private Limited, The London Steam-Ship Owners’ Mutual Insurance Association Limited the insurer, GAC Shipping Ltd, MV X-Press Pearl and Three Eyes Capital Company Limited were named as defendants of the case.  

The plaintiffs said causes of action have arisen to them to sue the Defendants claiming USD 58,459,868.00 as damages for the oil spill caused by M.V. X-Press Pearl, USD 56,875,158.64 for chemical pollution, USD 15,657,246.00 for air pollution, USD 2,298,415,634.00 for damages caused to the environment and USD 186,200,000.00 for fishing industry.  
The Plaintiffs state that according to the Report of the United Nations’ Environmental Advisory Mission conducted after the incident in July 2021 it has stated in its Executive Summary that “The X-Press Pearl incident is the worst maritime disaster to have struck Sri Lanka. 

It has had a significant impact on Sri Lanka’s sensitive coastal environment, local communities and the economy”.