BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
water, in direct connection with the operation of the ship; • claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connection with the operation of the ship; and • claims for salvage, wreck removal and contribution in general average. There is some overlap between statutory maritime liens and common law maritime liens. All of the statu - tory maritime liens except for the second category above are also maritime liens at common law. Other maritime liens that arise solely by virtue of the com - mon law (bottomry and respondentia) are now largely obsolete. Not all maritime claims attract a maritime lien. The maritime claims that do not attract a maritime lien include claims for necessaries (including bunkers) and contractual claims (including claims for breach of charterparty). The following maritime claims may give rise to an arrest of a ship (all ships are subject to arrest, whether Bahamian or not, and whether registered or not, wher - ever the residence or domicile of their owners may be, and in relation to all claims wheresoever arising): • any claim to the possession or ownership of a ship or to the ownership of any share therein; • any question arising between the co-owners of a ship as to possession, employment or earnings of that ship; • any claim in respect of a mortgage of or a charge (whether legal or equitable, including mortgages and charges created under foreign law) on a ship or any share therein; • any claim for the forfeiture or condemnation of a ship or of goods which are being or have been car - ried or have been attempted to be carried in a ship or for the restoration of a ship or any such goods after seizure or for droits of Admiralty; and • in any case in which there is a maritime lien or other charge on any ship, aircraft or other property.
The following claims may give rise to the arrest of the relevant ship or a sister ship (see also 5.7 Sister-Ship Arrest ): • any claim for damage done by a ship; • any claim for damage received by a ship; • any claim for loss of life or personal injury sus - tained in consequence of any defect in a ship or in its apparel or equipment or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the Master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the own - ers, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, car - riage or disembarkation of persons on, in or from the ship; • any claim for loss of or damage to goods carried in a ship; • any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship; • any claim in the nature of salvage; • any claim in the nature of towage in respect of a ship or an aircraft; • any claim in the nature of pilotage in respect of a ship or an aircraft; • any claim in respect of goods or materials supplied to a ship for its operation or maintenance; • any claim in respect of the construction, repair or equipment of a ship or dock charges or dues; • any claim by a Master or member of the crew of a ship for wages and any claim by or in respect of a Master or member of the crew of a ship for any money or property which, under any of the provi - sions of the Merchant Shipping Act, is recoverable as wages in the court and in the manner in which wages may be recovered; • any claim by a Master, shipper, charterer or agent in respect of disbursements made on account of a ship; • any claim arising out of an act which is or is claimed to be a general average act; and • any claim arising out of bottomry.
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