UK Law and Practice Contributed by: Quentin Bargate and Elliot Bishop, Bargate Murray
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts In England and Wales, specialist maritime and ship - ping disputes are primarily determined by the Admiral - ty Court, which forms part of the King’s Bench Division of the High Court. The principal statutory basis for its jurisdiction is the Senior Courts Act 1981 (in particular Sections 20–21, which define the Admiralty jurisdic - tion and the circumstances in which proceedings may be brought in rem). Admiralty procedure is governed by the Civil Procedure Rules (CPR), notably CPR Part 61 and the associated Practice Direction, together with the Admiralty and Commercial Courts Guide. In practice, the Admiralty Court deals with (amongst other things) ship arrests and judicial sales, enforce - ment of ship mortgages, collision and allision claims, salvage and towage disputes, cargo and bill of lad - ing claims (including misdelivery), claims arising out of charterparties where an in rem remedy is sought, bunker and necessaries claims (where the statutory tests are met), limitation of liability issues and claims for personal injury or loss of life connected with a ship’s operation. For marina-based claims for unpaid marina dues, Section 20 (2)(n) of the Senior Courts Act 1981 applies. However, for contractual shipping disputes, the most popular choice, dictated by the material contract, is a reference to London maritime arbitration (very com - monly under London Maritime Arbitrators Association (LMAA) terms) or less frequently in the Commercial Court. 1.2 Port State Control The United Kingdom applies port state control through the Paris Memorandum of Understanding on Port State Control (the “Paris MoU”). In the UK, port state control inspections are carried out by the Maritime and Coastguard Agency (MCA) under the Merchant Shipping (Port State Control) Regulations 2025 and related statutory powers.
In broad terms, the MCA may board and inspect for - eign-flag ships calling at UK ports/anchorages, require production of certificates, record deficiencies, impose operational restrictions, and detain a ship where defi - ciencies are sufficiently serious. In relation to marine casualties, the Marine Accident Investigation Branch (MAIB) conducts no-blame safety investigations, while the MCA (and, where relevant, the police and prose - cuting authorities) may investigate and enforce offenc - es. For significant pollution incidents and wrecks, the Secretary of State’s Representative (SOSREP) may exercise intervention powers to protect safety and the environment, including directing salvage/wreck removal operations and requiring preventive action. 1.3 Domestic Legislation Applicable to Ship Registration The core domestic legislation for UK ship registration is the Merchant Shipping Act 1995 (Part II and asso - ciated provisions), supplemented by the Merchant Shipping (Registration of Ships) Regulations 1993 (as amended) and related secondary legislation. Registration is administered by the UK Ship Register, operated by the MCA on behalf of the Registrar Gen - eral of Shipping and Seamen. The UK register com - prises a number of “parts”, including (amongst others) Part I (the main register), Part II (fishing vessels), Part III (the Small Ships Register) and Part IV (bareboat charter registration). 1.4 Requirements for Ownership of Vessels UK registration is generally restricted to “qualified” owners/charterers as prescribed by the Merchant Shipping Act 1995 and the Registration Regulations. In practice, qualification can often be satisfied by UK nationals and UK-incorporated companies (and certain other categories), which means that foreign beneficial ownership is commonly accommodated through an appropriate corporate or trust structure with a qualifying registered owner. Registration is normally effected on completion/deliv - ery of the vessel, once the requisite evidence of title is available and the registration formalities can be satisfied. During construction, parties typically pro - tect their position through contractual security (for example, security over the shipbuilding contract and
654 CHAMBERS.COM
Powered by FlippingBook