Ship Mortgages 1. Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is governed by the statutory provisions of the Merchant Shipping Act 1995, Schedule 1, and the accompanying Merchant Shipping (Registration of Ships) Regulations 1993. The registration of a ship mortgage under...
November 21, 2024
Category: Admiralty Law
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April 26, 2022July 25, 2022Acquiring ownership in ships and the ship as property, Admiralty Law
Ownership and Management
Ownership And Management 1. Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This includes: a) the right of a ship to fly the flag b) freedom of navigation in the high seas without interference from foreign ships c) the entitlement to protection by...
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April 26, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
Ship Arrest and Jurisdiction on The Merits
Ship Arrest And Jurisdiction On The Merits 1. Outline Legal Framework For Obtaining Jurisdiction On The Merits The starting point for approaching the question whether the English courts have jurisdiction on the merits is by identifying whether one of the EU jurisdictional instruments is applicable to the dispute. Currently the starting point is Regulation (EU)...
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April 26, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
Procedure for Enforcement of Claims in Rem
Procedure for enforcement of claims in rem 1. Arrest of a ship and the aftermath When the ship is arrested, the defendant may provide security for the release of the ship from arrest. The form of security may be a letter of undertaking by the defendant’s third party liability insurers or a bank guarantee. In...
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April 23, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
Enforceability of Claims under The Admiralty Jurisdiction of The High Court
Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over the claim in personam are several: a) It provides the claimant with security. The claimants in rem can have the ship arrested and either released when the shipowner provides security or,...
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April 23, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
The Nature of Admiralty Jurisdiction
The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior Court Act 1981 (hereinafter known as SCA 1981) provides the means for the enforcement of all claims under the Admiralty jurisdiction of the High Court. The SCA 1981 does not create a cause of action. Thus, the legal right must be based on other grounds. A...