Beyond the Name on the Contract: Unmasking the True Debtor to Secure an Arrest
Dr. Arun Kasi presents the fifth in a series of articles in relation to the latest legal issues arising out of Admiralty claims.
Beyond the Name on the Contract: Unmasking the True Debtor to Secure an Arrest
A short teaser of this interesting read below…
It is a common scenario in the maritime industry that a supply or repair contract is signed with one company, but the vessel is owned by another. When the bill goes unpaid, is the vessel liable to answer? A High Court ruling concerning the barge “November” provides a vital answer, affirming that courts can and will unmask the true debtor by analysing the commercial sense of the deal and applying the principle of undisclosed agency.
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