The Burns

JurisdictionEngland & Wales
Year1907
Date1907
CourtCourt of Appeal
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31 cases
  • Republic of India v India Steamship Company Ltd (No 2)
    • United Kingdom
    • House of Lords
    • 16 October 1997
    ...350, 2nd col. Recognizing that an action in rem affects the owners, the judge cited the dictum of Fletcher Moulton L.J. in The Burns [1907] P. 137 that "the action in rem is an action against the ship itself." He also relied on the judgment of Hobhouse J. in The Nordglimt [1988] Q.B. 183 ......
  • Brani Island, Owners of Cargo Laden on Board; Kuso Island, Owners of v; The Kusu Island
    • Singapore
    • Court of Appeal (Singapore)
    • Invalid date
  • The "Daien Maru No 18"
    • Singapore
    • High Court (Singapore)
    • 19 December 1984
    ...has a right of property or other real interest in the ship, or a claim of debt secured by a lien which the law recognises. In The Burns [1907] P 137, in response to arguments by counsel that actions in rem and actions in personam are in the end merely different ways of proceeding against a ......
  • The "Kusu Island"
    • Singapore
    • Court of Appeal (Singapore)
    • 14 September 1989
    ...has a right of property or other real interest in the ship, or a claim of debt secured by a lien which the law recognizes. In The Burns [1907] P 137 at p 148, Fletcher Moulton LJ specifically dealt with this point. He said: The very able argument of counsel for the appellants rests upon the......
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3 books & journal articles
  • List of cases
    • South Africa
    • Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...ACWSJ Lexis 58434 Brooklyn House Furnishers (Pty) Ltd v Knoetze and Sons 1970(3) SA 264 (A) Burlinson v Hall (1884) 12 QBD 347 Burns, The [1907] P 137California v Deep Sea Research Inc 523 US 491 (1998)Caltex Oil (Aust) Pty Ltd v The Dredge Willemstad (1976) 136 CLR 529Calypso, The (1828) 1......
  • The maritime lien and the present Australian admiralty law
    • South Africa
    • Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...also, Sing, op cit n 14, at 18 to 23, Attorney-General’s Chambers: Law Reform and Revision Division, op cit n 14, at 16; and cf The Burns [1907] P 137 at 149; The Kusu Island [1989] 2 MLJ 257 at 262; The Indian Grace [1998] AC 878 at 908.60 That is, for example, by reference to ownership of......
  • Introduction
    • South Africa
    • Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...op cit n 53, at [8] to [8a].176 Marsden, op cit n 175, at lxxi; Dix, op cit n 120, at 455; Chesson, op cit n 53, at 8.177 See The Burns [1907] P 137 at 148; Holdsworth, op cit n 167, at 272; Chesson, op cit n 53, at 3; Margalioth, op cit n 53, at 50.178 See Marsden, op cit n 175, at lxxi; C......

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