The Temporal Trap: How Charter Termination can sever Admiralty in rem Jurisdiction under sec. 21(4) SCA 1981
Dr. Arun Kasi presents the Sixth in a series of articles in relation to the latest legal issues arising out of Admiralty claims.
𝗧𝗵𝗲 𝗧𝗲𝗺𝗽𝗼𝗿𝗮𝗹 𝗧𝗿𝗮𝗽: 𝗛𝗼𝘄 𝗖𝗵𝗮𝗿𝘁𝗲𝗿 𝗧𝗲𝗿𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 𝗰𝗮𝗻 𝘀𝗲𝘃𝗲𝗿 𝗔𝗱𝗺𝗶𝗿𝗮𝗹𝘁𝘆 𝗶𝗻 𝗿𝗲𝗺
𝗝𝘂𝗿𝗶𝘀𝗱𝗶𝗰𝘁𝗶𝗼𝗻 𝘂𝗻𝗱𝗲𝗿 𝘀𝗲𝗰. 𝟮𝟭(𝟰) 𝗦𝗖𝗔 𝟭𝟵𝟴𝟭
A short teaser of this interesting read below…
For claimants pursuing a debt against a demise charterer, the timing of an in rem action is everything. The High Court has reaffirmed the strict jurisdictional gateway of section 21(4) of the Senior Courts Act 1981, holding that an owner's right to terminate a charter for repudiatory breach can extinguish a claimant's security in the vessel. This article examines the case of The Columbus and The Vasco Da Gama and its critical lessons on why estoppel cannot create jurisdiction and how a valid claim can vanish before it is even brought.
To read the full article and to subscribe, please click the links provided below;
Please click here to read the sixth article in the series.
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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
