UK Law and Practice Contributed by: Quentin Bargate and Elliot Bishop, Bargate Murray
5.2 Maritime Liens English law recognises a narrow class of maritime liens, which arise by operation of law and attach to the vessel from the moment the cause of action arises. The traditional categories are: (i) salvage; (ii) damage done by a ship (tort); (iii) seamen’s wages (and cer - tain master’s claims); and (iv) bottomry (now largely obsolete). English law distinguishes between maritime liens and the wider range of “statutory rights in rem” (often referred to colloquially as maritime claims) under the Senior Courts Act 1981. Personal injury claims of crew do not generally give rise to a maritime lien, but they may fall within the statutory in rem jurisdiction (and therefore support arrest) if the statutory conditions are met. Liabilities arising under contracts for chartering a vessel (eg, charterparty disputes) are maritime claims within the statutory categories (for example, a claim arising out of an agreement relating to the use or hire of a ship), but arrest in rem will depend on satisfying the ownership/demise charterer requirements in Sec - tion 21. Time limits depend on the underlying cause of action and any applicable convention/statute; maritime liens are not subject to a fixed statutory expiry date, but may be defeated by judicial sale (which generally delivers the ship free of liens) and may be affected in practice by delay (laches) and evidential issues. 5.3 Liability in Personam for Owners or Demise Charterers For most statutory in rem claims in England and Wales, the claimant must show that the person who would be liable in personam was the owner or demise charterer of the vessel when the cause of action arose, and that the relevant ownership/beneficial ownership condition is met at the time proceedings are commenced. In that sense, a nexus to a person liable in personam is generally required. Maritime liens are different: they attach to the ship itself and can be enforced in rem regardless of chang - es in ownership after the lien has arisen. Accordingly, where a true maritime lien exists, a vessel may be arrested notwithstanding that the current owner is not personally liable on the merits.
The leading English authority in the dangerous goods context remains Effort Shipping Co Ltd v Linden Man - agement SA (The “ Giannis NK ”), where the shipper’s strict liability to indemnify the carrier was confirmed in circumstances involving dangerous cargo. In practice, claims are fact-sensitive and often turn on the wording of the contract of carriage/charterparty, the extent of the shipper’s knowledge, and the causal link between the misdeclaration and the loss. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo Where the Hague-Visby Rules apply, suit against the carrier is time-barred unless proceedings are brought within one year of delivery of the goods or the date when they should have been delivered (Article III rule 6). In November 2024, the UK Supreme Court con - firmed that this one-year time bar can apply to mis - delivery claims even if the misdelivery occurs after discharge. Where the Rules do not apply, the usual English limita - tion periods are generally six years for contract and six years for tort (subject to specific statutory regimes and extension provisions). Time limits under the Hague- Visby Rules can be extended by agreement between the parties, and such extensions are commonly recorded by correspondence or standstill agreements. 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests The UK is not party to the 1952 or 1999 Arrest Con - ventions. Ship arrests in England and Wales are gov - erned by domestic law, principally the Senior Courts Act 1981 (Sections 20–21), CPR Part 61 and the asso - ciated Practice Direction, and the Admiralty and Com - mercial Courts Guide. The Admiralty Court has jurisdiction to order the arrest of a ship (and, in appropriate cases, other property such as cargo) to obtain security for maritime claims falling within the statutory categories, subject to the requirements for bringing an action in rem.
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