ABSTRACT
The right of the holder of a statutory power is superior to the right of the Admiralty Marshal, and thus the claim falls outside the order of priorities altogether. The possessory lien holder has priority over all other claims save for maritime liens which were already in existence at the time the possessory lien was exercised, and this is so even if the subsequent action of the repairers has benefited the maritime lien holder by increasing the value of the vessel. Lord Fleming based his decision on the principle that the effect of a court sale in Scotland was to transfer the vessel free of all claims against it, and this included the claims of the harbour authority. The common law possessory lien most relevant to actions in rem is that of the repairer who has carried out work to a ship upon the instruction of the owner or someone authorised by the owner.
