Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency.
The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency.
New to this edition:
- In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB
- Enhanced coverage of issues such as security interests in ships, priority, and third party involvement
- Completely revised and reordered content, to better reflect practitioner needs
Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.
Table of Contents
1. Historical Introduction
2. Ownership and Registration
3. Security Interests in Ships
4.The Conflict of Laws
5. Execution, Secured Obligations and Property Covered
6. Registration of Mortgages
8. Mortgagor's Obligations and Undertakings
9. Amendment, Transfer and Discharge
11. Default and Self-Help Enforcement Powers
12. The Courts' Protection of the Mortgagor
13. Liabilities of the Mortgagee to Third Parties
14. Enforcement by Arrest by Court Sale
17: Security over Earnings and Charterparties
David Osborne is a partner specialising in asset and project finance at Watson, Farley & Williams.
Graeme Bowtle is a retired solicitor and consultant with Richards Butler (now Reed Smith).
Charles Buss is a partner specialising in maritime litigation and arbitration at Watson, Farley & Williams.
"…this new edition provides a comprehensive, knowledgeable, yet practical resource…
Lawyers and academics alike are usually more familiar with mortgages, and other security interests, taken over land. This book is illuminating in comparing and contrasting the different challenges faced in constructing a security framework over a moveable chattel whose operation spans the globe and is intimately connected with international trade.
All in all, this book is a valuable addition to many book shelves…the expertise of the authors in the law governing ship mortgages is evident on every page."
Professor Sarah Nield, Lloyd’s Maritime and Commercial Law Quarterly