A Phoenix from the Fund: How Ship Arrest Rights Survive a Court Sale
Dr. Arun Kasi presents the ninth article in a series of articles in relation to the latest legal issues arising out of Admiralty claims.
A Phoenix from the Fund: How Ship Arrest Rights Survive a Court Sale
A short teaser of this interesting read below…
The question of whether a claimant can commence an action in rem following the judicial sale of a vessel is one of considerable practical importance. The Sanko Mineral provides a clear answer: the right of action in rem is not extinguished but is instead transferred to the proceeds of sale. This article examines this principle through an analysis of The Sanko Mineral, a case at the confluence of Admiralty law, the statutory interpretation of s. 21(4) of the Senior Courts Act 1981 and cross-border insolvency.
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To instruct Dr Kasi on shipping matters, please contact his clerk at Stephen Somerville on [email protected] or +44 (0)20 7404 5252
