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Page 587

INDEX

INDEX

Acceleration on default , , ,

Administrative receivership
- UK –

Administration
- UK –

Admiralty jurisdiction of High Court –
- competency –
- maritime claims in rem –

Admiralty Marshal

Admiralty Marshal’s Conditions of Sale –

Agreed priority –

Aircraft

WD Fairway case –

Amendment
- obligations, change of –
- parties, change of

Appurtenances
- meaning

Arrest
- wrongful ,

Arrest and court sale –

Assignment
- earnings , , –, , –, , ,
- insurances –
- proper law ,
- shipbuilding contract , ,

Bailment
- concept of

Bareboat charter –
- see also Demise charters

Beneficial ownership –

Beneficial interest
- meaning

Bills of Sale Acts –

Blue Sky litigation –

Bottomry ,

Bottomry bond –

Brazil
- FPSO OSX3 –

Page 588

British ship –

Builder’s certificate

Bunkers
- whether subject to mortgage , , , –

Cargo –, –

Cargo interests –

Caveat ,

Certificate of registry –

Change of obligations –
- further advances
- guarantee, and –
- new obligation
- precautionary security
- refinancing
- subsequent mortgage, ad –
- underlying facility amended

Change of parties

Charge
- section 859 Companies Act 2006

Charterparty –
- bareboat , –
- demise , –
- time

Classification societies –

COFR ,

Collateral advantage
- meaning

Collateral deed of covenant

see Deed of covenant

Collateral security
- enforcement –

Common law –

Common law liens –

Common law mortgages , –
- charge, as
- deed
- form
- maritime structures
- priority
- unregistered ship –

Company voluntary arrangement
- UK

COMI –

Conditional sale agreement ,

Conflict of laws –
- aircraft
- analogies
- Blue Sky litigation –
- cases of ownership and arrest jurisdiction –
  - corporate veil, and –
  - lex fori –
  - relationship between ownership and registration –
  - timely completion of legal formalities
- court’s protection of mortgagor, and –
- English position
- foreign government action –
  - lex situs –
- foreign judicial proceedings, and –
- foreign law not confiscatory
- foreign ship mortgages –
  - geographical fiction
  - law of register
  - priority dispute
  - recognition –
- FPSO OSX3 in brazil –
- fraud upon mortgages, and
- general maritime law , –
- insurance, and –
- international conventions –
  - CMI, and –
- international insolvency –
- law of ship’s register –
- lex maritima
- lex situs, conclusions on –
- Louisiana law, and –
- metaphors
- mid-nineteenth century cases –
- power of requisition of British ships
- priority issues –
  - common law jurisdictions –
  - French law –
  - hypotheque –
  - Latin American countries –
  - lex causae
  - lex fori –
- review of issues
- rights acquired under laws of foreign states –
- security over earnings and charterparties –
- situs , –,
- WD Fairway litigation –
  - British Register
  - British ships belonging to port of registry
  - Exception1 to Dicey’s Rule 133 –
  - facts
  - geographical fiction
  - issues for determination –
  - lex situs –
  - Page 589
    
    registered transfers of proprietary interests
  - renvoi ,
  - transaction defrauding creditors

Consents –

Consolidation –

Contract of affreightment

Court sale procedure –
- Admiralty Marshal’s costs and expenses –
- application for sale ‘pendente lite’ –
- costs and disbursements –
- delivery of ship to successful tenderer –
- determination of priorities –
- maritime lien claims –
- mortgage claims
- mortgagee’s application for determination of priorities –
- mortgagee’s application for judgment in default –
- order for sale –
- order of priorities disturbed, when –
- ordered to direct buyer without tender or appraisement –
- payment of purchase price into court –
- payment out –
- possessory lien claims
- steps taken by Admiralty Marshal after order –

Courts’ protection of mortgagor –
- conflict of laws –
- derivative liability to relevant parties –
- excluding duties –
- general law
- intermeddling –
- mortgage in possession’s duties to mortgagor –
- mortgagee’s exercise of power of sale –
- right to redeem –
- sales to self or favoured buyers –
- self-help, and
- ship and land mortgages compared –

Covenant defaults

Cross-Border Insolvency Regulation –

Cross-border jurisdictional issues insolvency, and –

CVA see company voluntary arrangement

Debt subordination –

Deed
- common law mortgage

Deed of covenant –

Default

Demise charters –

Derivative liability to relevant parties –

DIP financing

Discharge –

Discretions –

Disguised mortgages –
- motive
- ‘true sale’

Page 590

Dual registration

Duties and liabilities of mortgagee to third parties –

Earnings , , , , –, , , , –, –, , , , , , , , , , –, –, , , , , , , , , –
- account –

Effect of registration –

Enforcement

Equitable charge , –

Equitable liens

Equitable mortgages , –

Equitable subordination –

Equity
- De Mattos v Gibson

EU Insolvency Regulation –, –

Execution –

Expiry of registration

Extortionate credit transactions –

Factors relevant to mortgagee’s decision to take possession –
- limiting liability for bunker spills –
- limiting liability for loss of life, collision and non-oil pollution claims
- limiting liability for oil pollution claims
- Page 591
  
  mortgagee able to take actual possession
- mortgagee’s liabilities to third party containable, whether –
- reasons for –

Financial collateral arrangements

Fishing vessels
- ownership –
- registration –

Flag , , –, , –, , , , –, , , –, , , , , , , , , , –, , ,

Floating charge
- avoidance –
- mortgagee’s security
- pre-existing
- priority –, ,
- qualifying –
- use

Foreclosure , –

Foreign judgments

Form MSF 4736 , , –

Form MSF 4737 , –

Form 4739 ,

Form of mortgage –

FPSO OSX3 in Brazil –

General maritime law
- conflicts of law, and –

Germany
- insolvency regime

Greece
- insolvency regime

Hire purchase –

Hovercraft ,

Hypothèque –

Illegality
- insurance, and –

Insolvency –

Institute mortgagees’ interest clauses – hulls –

Insurance –

Interference with third party property –

Intermeddling
- perils of –

International conventions

conflicts of law, and see Conflicts of law

International insolvency
- conflicts of law, and –

Invalidity
- priority, and

Issues in owners’ undertakings –

JOL

JOLCO

Jurisdiction , –, –, , , , , , , , , –, –, , , –, , , , , –, , , , , , , –, , , , , –, ,

Leasing arrangements

Legal mortgage
- see also Common law mortgages

Legal ownership –
- passing of title –

Legislative reform –

Letters of undertaking , , –

Liabilities of mortgagee in possession to third parties –

Liability to demise (bareboat) charterers –

Liability to non-demise charterers and cargo

Liens –

Liquidation –

Loss payable clauses , , –

MAC –

MAE –

Maritime law
- history of –
- ship mortgages, and –

Maritime liens –
- extinguishment –
- history –
- nature of
- priority –
- wages

Marshalling –,

Merchant Shipping Act 1854

Merchant Shipping Act 1995, Part II
- text –

Merchant Shipping Act 1995, Schedule
- text –

Merchant Shipping (Registration of Ships) Regulations 1993
- text –

Method of taking possession –
- actual possession –
- constructive possession –

Page 593

Mortgagee in possession’s duties to mortgagor –

Mortgagee’s exercise of power of sale –

Mortgagee’s expenses of sale –

Mortgages
- historical development –
- nature of

Mortgages of unregistered ships

Mortgagor’s obligations and undertakings –

Mortgagee’s private sale –
- effect –
- mechanics –

Multiple obligations –

Non-ship structures –

Obligations secured –

Oil pollution , , –

Ownership –
- beneficial –
- legal –
- non ship structures –
- ships –

P&I clubs

Parties
- change of see Change of parties

Parties to subordination or priorities
- agreement

Partnership Act 1890
- issues arising under –

Payment defaults –

Penalties, rule against –

Port authority
- over-reaching power of sale ,

Port state control ,

Possession

Possessory lien

Power of attorney –, , , , , , , , , –, , , , –

Preferences –

Priority –

Proceeds of sale
- application –

Page 594

Property covered by mortgage –

Property in registered aircraft under English

Property in ships under English domestic

Purchase option see Third party purchase options

Receivership –
- appointment
- duties –
- removal

Rectification –

Refusal of registration

Register – see also flag
- British ship –

Registering of British Vessels Act 1845 , , , , ,

Registering of Vessels Act 1823 –,

Registration –

Registration of mortgages –

Renvoi , , –, –

Requisition
- conflict of laws –
- compensation –

Right to redeem
- protection of –

Right to take possession at common law –

Rights of mortgagee in possession –

Risks –

Roman law

Page 595

Sale by port authority ,

Sale of Goods Act 1979 ,

Sale of mortgaged ship –

Sales to self or favoured buyers –
- allegations by mortgagor on facts –
- burden of proof, and –
- improper purpose –
- precautions –
- proper price –
- protection of other persons
- special purchaser analysis –

Salvage , , , , , , –, , , –

Sanctions –
- complexity of
- documentation –
- effect
- in a ship
- issues to be addressed
- lack of control, and

Schemes of arrangement under Companies
- Act 2006 –

Security interests in ships –

Security over earnings and charterparties –
- assignment –
- bareboat charter –
- charterparties –
- commercial background –
- conflict of laws –
- demise charter –
- distinction between legal and equitable assignment –
- earnings account –
- equitable assignments –
- financial collateral arrangements
- freight
- future rights –
- legal assignments –
- legal issues –
- liens on sub-freights –
- notice of assignment –
- partial assignments –
- pooling arrangements –
- present rights –
- requisition compensation –
- restrictions on assignment –
- set-off issues –
- step-in rights –
- suspensory assignments –
- time charters –

Security over shares –

Self-help remedies

Senior Courts Act 1981, section 20(2) text –

Share in ship, mortgage of

Ship
- definition
- non-ship structures, and –

Ship mortgages
- increased need for –
- Industrial Revolution, and –
- jurisdiction
- maritime law, and –
- nationality requirements –
- nature of –
- registration, and –
- risks
- shares, in a ship

Ships under construction, mortgage of –
- construction register
- equitable assignment
- lex situs, and
- material used in construction
- terms of shipbuilding contract ,

Small ships
- registration

Special fees –
- enforceability –

Statutory mortgages
- central public register
- competing claims of mortgagee
- current form –
- definition
- detailed formal agreements
- effect of registration –
- endorsement
- Merchant Shipping Act 1854 –
- Merchant Shipping Act 1995
- nationality requirements, and –
  - nature of – power of sale –, –
- primacy of registration –
- priority –,
- registration –
- statutory charge, whether
- sub-mortgages, and
- transfer of title, and –,
- unique significance of system

Status defaults –
- loan to value –
- MAC –
- MAE –
- negotiations with creditors

Statutory liens –

Statutory possessory liens

Step-in rights , , –

Sub-freights
- lien on –

Page 596

Subordinate mortgagees –
- enforcement rights –

Submortgages –
- deed
- equitable
- nature of –
- power of sale, and –

Syndicated loans , ,

Tabula in naufragio

Tacking of further advances –

Termination of registration

Third Parties (Rights against Insurers) Act 2010 ,

Third party purchase options –
- property, and –

Time charter
- liability –
- nature of –

Transactions at undervalue –

Transactions defrauding creditors –

Transfer –

UK administration –

UK winding up –

UNCITRAL Model Law on Cross–Border
- Insolvency –

United Kingdom ship –

United States Bankruptcy Code, –

Upside sharing arrangements –

Usual terms of mortgage –

War risks , , , , , –, , –

WD Fairway litigation –

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