The "Halcyon Isle" Bankers Trust International Ltd v Todd Shipyards Corporation

JurisdictionUK Non-devolved
Judgment Date1980
Date1980
Year1980
CourtPrivy Council

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47 cases
2 firm's commentaries
  • Foreign maritime lien recognised under Australian admiralty law: Federal Court rejects Halcyon Isle
    • Australia
    • Mondaq Australia
    • 12 January 2016
    ...determine whether such a lien arose under the law of the United States or Canada. The majority of the Privy Council in The Halcyon Isle [1981] AC 221, in a much-criticised decision, had held that the existence of a maritime lien was to be determined according to the law of the forum. Howeve......
  • Australia permits arrest of vessel on foreign maritime lien claim
    • Australia
    • Mondaq Australia
    • 20 September 2015
    ...lien for the supply of necessaries, including bunkers. Prior to this case, following the Privy Council decision in the "Halcyon Isle" ([1981] AC 221) the existence of a maritime lien was held to be a matter of procedure, which was to be determined under Australian law for any claims commenc......
16 books & journal articles
  • The Protection Of Seafarers' Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping
    • Australia
    • Australian and New Zealand Maritime Law Journal No. 22-2, October 2008
    • 1 October 2008
    ...SCC 90. For the UK position, see the majority decision in Bankers Trust International Ltd v Todd Shipyards Corporation, The Halcyon Isle [1981] AC 221. 180 Admiralty Act 1988 (Cth) (Aus), section 4(3)(t)(ii). 181 See: Admiralty Act 1988 (Cth) (Aus), section 6; United States Trust Company of......
  • Maritime liens and the conflict of laws - an exegesis of The Halcyon Isle and preceding Anglo-common law decisions
    • South Africa
    • Sabinet Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...as payee, the sum of 20,000 francs in respect of each bill. Soon afterwards, the appellant’s father returned to Scotland where he died.1 [1981] AC 221.2 [1981] AC 221.3 (1837) 7 ER 322Lippmann instituted proceedings on the bills against Don as the representative of his deceased father. The ......
  • Maritime liens and the conflict of laws - an exegesis of the Anglo-common law decisions after The Halcyon Isle
    • South Africa
    • Sabinet Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...of foreign maritime liens are to be determined according to the lex fori.6 These decisions follow, or are compatible with, the approach 1 [1981] AC 221.2 The lex causae is a convenient shorthand expression denoting the legal regime governing the legal relationship between parties, and is us......
  • IN PERSONAM LIABILITY, BENEFICIAL OWNERSHIP AND THE ACTION IN REM
    • Singapore
    • Singapore Academy of Law Journal No. 1994, December 1994
    • 1 December 1994
    ...Phen Sinn”, Civil Appeal No. 21 of 1985, in the matter of Summons-in-Chambers No. 1861 of 1985 in Admiralty In Rem No. 3 of 1985. 113 [1980] 2 M.L.J. 217. The Court of Appeal in “The Andres Bonifacio” referred to a passage in Lord Diplock’s judgment which appears at [1980] 2 M.L.J. 217 at 2......
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