CARGO UNDER OWNER´S LIEN | THE "LORD HASSAN" DECISION

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New Case Note: The "Lord Hassan" Decision

 Today uploaded a new case note to the Shipping & Transport section of my DMC's CaseNotes website. This note delves into the recent decision of the English High Court in the case of Lord Marine Co. S.A. v Vimeksim SRD D.O.O. (The “Lord Hassan”).

In this case, the High Court granted the Owners’ urgent application, allowing for the sale of perishable and deteriorating cargo of corn stored ashore in a warehouse at the port of discharge. This cargo was subject to the Owners’ lien for unpaid freight under the voyage charter. The Court's decision enables the Owners to realize value from the security conferred by the lien, with the proceeds of the sale to await the outcome of the arbitration in London, which is being pursued by the Owners against the Charterers for the unpaid freight.

This case note is contributed by Jim Leighton, LLM (Maritime Law), LLB (Hons), BSc (Hons), Solicitor Advocate of England & Wales, IMI Qualified Mediator, LMAA Supporting Member, and Deputy Editor of DMC’s CaseNotes.

In his commentary on the case, Mr. Leighton notes: "This helpful judgment is one of two that have recently considered urgent applications for the sale of cargo under section 44 of the Arbitration Act 1996, the other being that of O v C in the context of sanctioned cargo. This judgment is relatively short and worth reading in full, as the Judge has also usefully addressed the position had the BLs been issued to a third party, and the impact on the right to exercise a lien and to sell the cargo in such a scenario, it being unusual for charterers to also own the cargo."

Read the full case note for a comprehensive analysis of the judgment and its implications for maritime law and commercial practices.

https://www.onlinedmc.co.uk/index.php/Lord_Marine_Co._S.A._v_Vimeksim_SRD_D.O.O._(The_%E2%80%9CLord_Hassan%E2%80%9D)

Also, you can find it

https://www.onlinedmc.co.uk/index.php/Shipping_%26_Transport