An update on our article on "Associated ownership and enduring claims - buyer beware". The South African court in Cape Town has recently found that a protective writ does not survive the sale of the vessel even where the new buyer had notice of the writ prior to the sale. The legal community is divided on whether this decision is right and the decision will now be looked at by the Appellate Court. If the decision is maintained it may mean that South Africa will lose its favourable status for arrests.
The end of the protective writ in South Africa?