Southampton on Shipping Law
CHAPTER 11
Procedures for Enforcement
Procedures for Enforcement
1. ENFORCEMENT OF MARITIME CLAIMS
(a) Introduction
The enforcement procedures for maritime claims differ in many aspects from those related to non-maritime claims. There are simple practical reasons for these differences. A ship travelling the world’s oceans is likely to get involved in legal disputes arising either by the way of its operation or its trade. Thus it is not unusual for ships to get involved in collisions, salvage, towage or pollution claims as well as contractual claims by cargo or passengers and insurance disputes. Historically, where a claimant had a claim against a ship his claim would have very small chances of recovery if the ship was permitted to leave the jurisdiction because usually the defendant shipowner would have been in a foreign jurisdiction and the only asset in the claimant’s jurisdiction would be the ship. However, proceeding against the property of the defendant shipowner without due notice and a right to defend would have also been very difficult.1