header-logo header-logo

26 April 2012
Issue: 7511 / Categories: Case law , Law digest , In Court
printer mail-detail

Shipping

Metall Market OOO v Vitorio Shipping Company Ltd [2012] EWHC 844 (Comm), [2012] All ER (D) 85 (Apr)

It was settled law that a ship owner was entitled to exercise its lien until the cargo owner’s contribution to the general average was paid. If a ship owner had agreed to give up its lien in return for security, it was entitled to ask for reasonable security in return. The question of what was reasonable was a question of fact for the tribunal. As to the form of what amounted to reasonable security, the long established practice was that the ship owner gave up its lien in return for a general average bond, and security for that obligation in the form of a cash deposit or a general average guarantee.

In order to establish that the taking of a security had had the effect of destroying the lien, there had to be something in the facts of the case or in the nature of the security taken that was inconsistent with the continued existence of the lien. Where inconsistency

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll