ABSTRACT

Admiralty jurisdiction is governed by the Supreme Court Act 1981, namely sections 20–24 the Hovercraft Act 1968 as amended by the Supreme Court Act 1981, the Merchant Shipping Act 1995 s. The purpose of International Convention was to provide uniform rules as to the right to arrest sea-going ships by judicial process to secure maritime claims against the shipowner. In determining how different claims which carry maritime liens should rank in priority against each other, they are divided into two distinct categories: contractual liens and damage liens. The Bold Buccleugh 7 Moo PC 267 the facts of this case are not of significance but this was one of the early leading cases which decided that a maritime lien does not require possession. It can, however, be defeated if the res is either sold by order of a court, or transferred to a foreign government who can plead sovereign immunity.