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The maritime lien is one of three in rem claims capable of being brought under UK admiralty law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 [ 2 ] along with s.21(2) [ 3 ] and s.21(4), [ 4 ] its statutory counterparts.
A maritime lien is a lien on a vessel given to secure the claim of a creditor who provided maritime services or suffered an injury from the vessel's use. Maritime liens are sometimes referred to as tacit hypothecation. Maritime liens have little in common with other liens under the laws of most jurisdictions.
The rights of the salvor can be secured, in addition to maritime lien, by a right of possession over the yet-to-be-recovered property. When the ship is no longer in possession of its master, this salvor-in-possession status is granted to the first salvor who takes possession and demonstrates capability of a successful salvage.
In a ship mortgage or ship hypothec (civil law term, covering also a maritime lien), a shipowner gives a lender (or mortgagee) a security interest in a ship as collateral for a mortgage loan. Similar to other types of mortgages , a ship mortgage legally consists of three parts: the mortgage loan, the mortgage document (deed) and the rights ...
The significance of UNCLOS stems from the fact that it systemizes and codifies the standards and principles of international maritime law, which are based on centuries of maritime experience and are expressed to a great extent in the United Nations Charter and current international maritime law norms, such as the Geneva Conventions of 1958.
USS Regulus hard aground in 1971 due to a typhoon: after three weeks of effort, Naval salvors deemed it unsalvageable.. Marine salvage takes many forms, and may involve anything from refloating a ship that has gone aground or sunk as well as necessary work to prevent loss of the vessel, such as pumping water out of a ship—thereby keeping the ship afloat—extinguishing fires on board, to ...
Under English law, no maritime lien, as defined by the US courts, exists on the vessel, so the ship is not subject to a Rule C arrest. Under Rule B, however, the shipyard may attach the debtor vessel, a sister vessel, or any other assets of the debtor found in the jurisdiction even if they are in the hands of a third party.
[1] [2] The ship is detained by judicial process for the purpose of securing a maritime claim, or for unseaworthiness and certain other conditions. A ship may be "arrested" and detained in port by a court order in support of a maritime lien claim by creditors against the vessel. [3]