Full Description
This book uniquely offers a single point of reference on the vital legal subject of maritime liens, intrinsic to Admiralty Law and a topic often incompletely understood by shipping firms and other such businesses, to their considerable risk and detriment. Where previously it was necessary to source many different publications, of widely varying age, this book now provides a single, up-to-date, accessible and comprehensive source to explain this complex area and its implications for all parties in the maritime industry, and beyond, in each of the jurisdictions concerned.
The author introduces the meaning and functions of maritime liens, as well as the jurisdictions where maritime liens arise, with some historical context provided to aid understanding. In terms accessible to anyone working within the industry, he explains the implications of maritime liens with regard to damage, pollution, collisions, salvage, wages and more. The enforcement of liens in each jurisdiction is thoroughly discussed, featuring topics such as the arrest of vessels, the exercise of liens on cargo and sub-freight, provision of security, conflict of laws, and the procedures and proceeds of judicial sales. Key priorities such as sale proceeds, competition between creditors and non-maritime claimants, are also addressed.
The Law and Practice of Maritime Liens offers a comprehensive and accessible guide to the topic for anyone directly or indirectly involved in the maritime sector, but it is most directly relevant to legal practitioners (especially in maritime law and marine insurance areas) in practice within each of the relevant jurisdictions, shipowners, charterers and corporations involved in the maritime sector. Law courts, judges and magistrates throughout the English-speaking world (and elsewhere) will also benefit from this book. It is likely to have a wide international audience, being applicable to a large proportion of marine sector trade.
Contents
Part I: Concept Generally 1. Introduction 2. Origins and nature of maritime liens Part II: Varieties of Maritime Lien 3. Damage maritime lien 4. Salvage lien 5. Wages and masters' disbursements lien 6. Necessaries lien 7. General average 8. Pilotage 9. Mortgage liens 10. Other maritime liens 11. Loss or extinction of liens Part III: Judicial Sale 12. Enforcement proceedings: initiating process 13. Maritime lien proceedings: service 14. Service in proceedings in rem: special issues 15. Enforcement of maritime liens: arrest 16. Arrest: special issues for lienees and others 17. Judicial sale
