No Shortcuts: Closing Procedural Bypass for Wrongful Arrest Damages
No Shortcuts: Closing the Procedural Bypass for Wrongful Arrest Damages The Court of Appeal in The Alkyon has confirmed that the path to claiming damages for wrongful ship arrest remains exceptionally narrow. While acknowledging that the court has the discretionary power to require an arresting party to provide a cross-undertaking in damages, it firmly rejected […]
The Undertaking’s Bite: When a Ship Arrest Goes Wrong
The Undertaking’s Bite: When a Ship Arrest Goes Wrong Arresting a vessel is a powerful tool to secure a maritime claim, but the undertaking given to the Admiralty Marshal to obtain the arrest is a live wire that may result in severe financial consequences. The decision of the High Court in The Astoria provides a […]
A Phoenix from the Fund: How Ship Arrest Rights Survive a Court Sale
The Maritime Brief Insights from Arun Kasi & Co The Maritime Brief Insights from Arun Kasi & Co A Phoenix from the Fund: How Ship Arrest Rights Survive a Court Sale The question of whether a claimant can commence an action in rem following the judicial sale of a vessel is one of considerable practical […]
Anchored by Malice: Why Most Unjustified Arrests Don’t Lead to Damages for Wrongful Arrest
Anchored by Malice: Why Most Unjustified Arrests Don’t Lead to Damages for Wrongful Arrest Arresting a vessel is one of the most powerful tools in maritime law, but what happens when the arresting party gets it wrong? While a shipowner has the right to claim damages, succeeding is another matter entirely. The bar for a […]
The Package Deal: Admissibility of Ancillary Claims along with the Principal Claim for Necessaries Supplies in Admiralty Jurisdiction
The Package Deal:Admissibility of Ancillary Claims along with Principal Claims for Necessaries Supplies in Admiralty Jurisdiction Admiralty jurisdiction under section 20(2)(m) of the Senior Courts Act 1981, which covers claims “in respect of goods or materials supplied to a ship for her operation or maintenance,” has been the subject of critical judicial interpretation. This article […]
The Temporal Trap: How Charter Termination can sever Admiralty in rem Jurisdiction under section 21(4) SCA 1981
The Temporal Trap:How Charter Termination can sever Admiralty in rem Jurisdiction under sec. 21(4) SCA 1981 For claimants pursuing a debt against a demise charterer, the timing of an in rem action is everything. The High Court has reaffirmed the strict jurisdictional gateway of section 21(4) of the Senior Courts Act 1981, holding that an […]
Beyond the Name on the Contract: Unmasking the True Debtor to Secure an Arrest
It is a common scenario in the maritime industry that a supply or repair contract is signed with one company, but the vessel is owned by another. When the bill goes unpaid, is the vessel liable to answer? A High Court ruling concerning the barge “November” provides a vital answer, affirming that courts can and will unmask the true debtor by analysing the commercial sense of the deal and applying the principle of undisclosed agency.
The Sanctions Standoff in Ship Release: Defining Reasonable Security and the Power of the Agreed Forum
The Maritime Brief Insights from Arun Kasi & Co The Maritime Brief Insights from Arun Kasi & Co The Sanctions Standoff in Ship Release:Defining Reasonable Security and the Power of the Agreed Forum Sanction clauses in LOUs have become a modern deal-breaker in securing a ship’s release from arrest, creating a critical standoff over what […]
Ship Manager’s Right to Arrest: A Tale of Two Agreements
The Maritime Brief Insights from Arun Kasi & Co The Maritime Brief Insights from Arun Kasi & Co A Ship Manager’s Right to Arrest: A Tale of Two Agreements When can a ship manager arrest a vessel for unpaid fees? The answer hinges on a crucial distinction in Admiralty law, recently explored in The Victor […]
The Unbreakable Link: Connecting the Claim Ship to the Arrest Ship
The Maritime Brief Insights from Arun Kasi & Co The Maritime Brief Insights from Arun Kasi & Co The Unbreakable Link: Connecting the Claim Ship to the Arrest Ship Hooking the right ship to arrest – The ‘Connection Test’. It dictates that the ship to which a claim relates under s 20(2) of the Senior […]