Recently Some eye catching Maritime Incident happed,It was all over the news,As a maritime professional my heart filled up with sorrow whenever i see these type of Tragic incident occour. I think These Case studies can be used as a Lesson learning tool to show the application of a theory or concept to real situations. Dependent on the goal they are meant to fulfill,These cases can be fact-driven and deductive where there is a correct answer, they can be context driven where multiple solutions are possible. So Before you started please Noted that The majority of the information presented has been compiled from various sources Mosty from Press Release of nautinst. All of the information presented on is accurate to the best of my knowledge. Any discrepancies should be brought to my attention by emailing me.
As a practicing attorney at Chamberlain Hrdlicka in Houston, the focus of my practice is two-fold: I represent companies and individuals in civil litigation. I also do extensive work of both a litigation and transactional nature in the Admiralty, Maritime, and Energy fields. I have been licensed to practice law since During that time, I've first and second chaired several trials to verdicts, as well as handled hundreds of other cases to amicable resolutions.
Exercising Maritime Liens Against Cargo and Sub-Freights
There is a common misconception among ship agents that all disbursements incurred by a ship owner or a time charterer constitute a maritime lien which is automatically enforceable against the ship that incurred the debt. A wonderful idea but wrong. The law relating to maritime liens differs from country to country and more particularly from civil law jurisdictions such as France and Belgium to common law jurisdictions such as England, Gibraltar, Hong Kong and Singapore, in fact any jurisdiction which bases its law on the English model. These are traditional maritime liens. Claims resulting from the supply of necessaries, bunker supplies, port services and towage etc.
In the previous issue of Sea Venture , there was an overview of the types of maritime and statutory liens which arise in England and Wales. This article discusses the position in China and particular issues to be aware of in this jurisdiction when enforcing maritime claims. There is no general action in rem under Chinese law. In order to arrest a ship regardless of its ownership, the claim against the ship needs to give rise to a maritime lien.