Maritime Lien in UK Law

Leading Cases
  • Monte Ulia (Owners) v Banco and Others (Owners); Banco, The
    • Court of Appeal (Civil Division)
    • 09 Diciembre 1970

    "(4) In the case of any such claim as is mentioned in paragraphs (d) to (r) of subsection (1) of section one of this Act, being a claim arising in connection with a ship, whore the person who would be liable on the claim in an action in, personam was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, the Admiralty jurisdiction of the High Court and (where there is such jurisdiction) the Admiralty jurisdiction of the Liverpool Court of Passage or any county court may (whether the claim gives rise to a maritime lien on the ship or not) be invoked by an action in rem against -

  • WELEX AG v ROSA MARITIME Ltd [CA (Civil), 14/01/2003]
    • Queen's Bench Division (Commercial Court)
    • 25 Abril 2002

    On 31st May 2001, the vessel was sold by Rosa to Alexia Navigation Ltd ("Alexia"). The Maltese register was duly amended to that effect in June 2001. On 16th July 2001, the claimant instituted arrest proceedings in the maritime court in Lisbon. These proceedings were instituted against both Rosa and Alexia. Despite the sale, Epsilon Rosa was arrested on the 19th July following a short oral hearing.

  • The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
    • House of Lords
    • 10 Abril 1973

    Secondly, in considering whether a stay should be granted the Court must take into account (i) Any advantage to the Plaintiff; (ii) Any disadvantage to the defendant: this is the critical equation, and in some cases it will be a difficult one to establish. Generally this is done by an instinctive process�that is what discretion, in its essence, is. A bona fide advantage to a plaintiff is a solid weight in the scale, often a decisive weight, but not always so.

  • Republic of India v India Steamship Company Ltd (No 2)
    • House of Lords
    • 16 Octubre 1997

    In the nineteenth century it was believed that an admiralty action could only be brought in respect of a maritime lien: The Bold Buccleugh7 Moore 267 (P.C., 1851). By statute actions in rem were subsequently permitted in new categories. But only after the Judicature Acts was it established that the new categories did not involve maritime liens: Henrich Björn (1886) 11 App. Cas. 270 After the Judicature Acts the personification theory fell into decline.

  • The Owners of the vessel "Stolt Kestral" v The Owners of the vessel "Niyazi S"
    • Queen's Bench Division (Admiralty)
    • 23 Mayo 2014

    The Claim Form issued in this case was in Form ADM1 and it was headed "Admiralty claim in rem". In my judgment it should have been clear to Ms Hunter-Davies that the Claim Form she was issuing was an in rem Claim Form and that including the name of the Defendant owner did not change that. There is no such thing as a hybrid or combined in rem/in personam Claim Form. Separate Claim Forms are required for both in rem and in personam proceedings as PD61 makes clear.

    Even if points (b) and (c) were made out (and they were disputed), they were not the reason why the in personam Claim Form was not issued in time. This is not one of those cases where a party was lulled into a false sense of security because of discussions with the other party. MFB appreciated, notwithstanding those discussions, that a Claim Form needed to be issued, and did so.

  • The Deichland
    • Court of Appeal (Civil Division)
    • 20 Abril 1989

    In these circumstances I find it impossible to conclude that on the proper construction of Articles 2 and 3 of the 1968 Convention Deich are not being "sued" in these proceedings even though at this stage the proceedings are solely in rem. Deich are liable to be adversely affected by the result of the proceedings and wish to contest the merits of the plaintiffs' claim.

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Legislation
  • Administration of Justice Act 1956
    • UK Non-devolved
    • 1 de Enero de 1956
    ...... . (3) In any case in which there is a maritime lien or other charge. on any ship, aircraft or other property for the ......
  • Merchant Shipping Act Amendment Act 1862
    • UK Non-devolved
    • 1 de Enero de 1862
    ......exercising any local Jurisdiction in Maritime Matters at the last-mentioned Port or to any. Body to be constituted for ...Delivery of Goods and Lien for Freight. . Delivery of Goods and Lien for Freight. . S-66 . ......
  • Maritime Conventions Act 1911
    • UK Non-devolved
    • 1 de Enero de 1911
    ......General Provisions. S-8. Limitation of actions.8 Limitation of actions. 8. No action shall be maintainable to enforce any claim or lien against a vessel or her owners in respect of any damage or loss to another vessel, her cargo or freight, or any property on board her, or damages for ......
  • Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012
    • Scotland
    • 1 de Enero de 2012
    ...... crave of the initial writ is directed to recovery in respect of a maritime lien against the ship or cargo or the proceeds of it as sold under order ......
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Books & Journal Articles
  • English Conflict of Laws and Italian Social Security Legislation
    • Núm. 28-5, Septiembre 1965
    • The Modern Law Review
    ...... to the Brussels Convention on the Law Relating to Maritime Wages 1926 and had ratified it in 1949. Great Britain ... Code, the company was affaorded a privileged maritime lien, ranking imme- diately after port dues, pilot’s fees ......
  • REVIEWS
    • Núm. 7-3, Julio 1944
    • The Modern Law Review
    Book reviewed in this article: HOW TO REFORM PARLIAMENT. By Robert S. W. Pollard. HANDBOOK OP ADMIRALTY LAW. By Gustavus H. Robinson. LAW REFORM (FRUSTRATED CONTRACTS) ACT, 1943. By Glanville L. Wi...
    ...... and immunity, the seaman, jurisdiction in rem and the maritime lien, the common carrier by water, water carriage under ......
  • NOTES OF CASES
    • Núm. 10-3, Julio 1947
    • The Modern Law Review
    ...... Justice Scott upholds Admiralty jurisdiction whenever a lien has attached to a ship in consequence of maritime fault. This ......
  • REVIEWS
    • Núm. 35-2, Marzo 1972
    • The Modern Law Review
    Constitutional Law. By S. A. de Smith. Constitutional Theory. By G. Marshall. Magna Carta. By Anne Palliser Sale and Hire Purchase. By J. K. Macleod. Williams and Mortimer on Executors, Administrat...
    ...... (141) ; Partnership (29) ; Mortgage and Pledge (42) ; Liens (26). Wlio would want such a wide-ranging work? The author ...-no doubt this is partly due to the fact that maritime law has always been attractive to me, but there is a great ......
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Law Firm Commentaries
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