The Law of Ship Mortgages 3rd edition by David Osborne, Charles Buss, Joanne Champkins – Ebook PDF Instant Download/Delivery: 1040087272, 9781040087275
Full download The Law of Ship Mortgages 3rd edition after payment
Product details:
ISBN 10: 1040087272
ISBN 13: 9781040087275
Author: David Osborne, Charles Buss, Joanne Champkins
This fully updated and comprehensive 3rd edition of The Law of Ship Mortgages provides readers with a practical, commercially based and definitive guide to the English law of ship mortgages. The authors, being seasoned practitioners, bring their extensive experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, the conflict of laws, work-outs, restructurings and cross-border insolvency. The 3rd edition includes new chapters on pre-delivery security, security over shares and on the increasingly important topic of ship leasing as a method of finance. It is written against the background of, and has regard to, ever-increasing sanctions affecting shipping and ship finance as well as the continued regulatory and industry-driven push towards reduction of emissions (IMO 2020 and IMO 2050). Written primarily with practitioners in mind, The Law of Ship Mortgages will continue to be extremely useful to legal professionals, especially in common law jurisdictions, involved in international ship finance or ship mortgage enforcement. It will also be a valuable resource for postgraduate students and academics, especially those with an interest in shipping law or the law of personal property more generally.
The Law of Ship Mortgages 3rd Table of contents:
CHAPTER 1 HISTORICAL INTRODUCTION
1.1 Background
1.2 Maritime law and ship mortgages
1.3 Legislative reform
1.4 The nature of the statutory mortgage
1.5 The international legacy
1.6 Mortgages of unregistered ships
CHAPTER 2 OWNERSHIP AND REGISTRATION
2.1 Legal ownership
2.2 Registration; history and development
2.3 The Register
2.4 Fishing vessels
2.5 Small ships
2.6 The nature and effect of registration
2.7 The certificate of registry
2.8 Registration and beneficial ownership – including the arrest context
2.9 Registration and priority
2.10 Other circumstances, where registration is not conclusive or relevant
2.11 Refusal of registration, termination and expiry of registration
2.12 The ship
2.13 Bareboat charters and registration
2.14 Mortgages on ‘bareboat charter in’ ships
2.15 Mortgages on ‘bareboat charter out’ ships
CHAPTER 3 SECURITY INTERESTS IN SHIPS
3.1 Introduction
3.2 Statutory mortgages – the primacy of registration
3.3 The form and effect of a registered statutory ship mortgage
3.4 Common law mortgages
3.5 Disguised mortgages
3.6 Equitable mortgages
3.7 Equitable charges
3.8 Submortgages
3.9 Mortgage of a share in a ship
3.10 Mortgages of ships under construction
CHAPTER 4 THE CONFLICT OF LAWS
4.1 Introduction
4.2 The general maritime law
4.3 International conventions
4.4 Property in registered ships under English domestic law
4.5 The mid-nineteenth-century conflicts cases (on ships and on chattels generally)
4.6 The cases on foreign ship mortgages
4.7 The cases on registered ownership and arrest jurisdiction
4.8 The conflict of laws dimension to priority issues
4.9 The WD Fairway litigation
4.10 Property in registered aircraft under English domestic law
4.11 The Blue Sky litigation
4.12 Conclusions on the English conflict of laws on lex situs and registered ships
CHAPTER 5 EXECUTION, SECURED OBLIGATIONS AND PROPERTY COVERED
5.1 Parties
5.2 Execution
5.3 The form of mortgage and obligations secured
5.4 Multiple obligations
5.5 Change of parties
5.6 Change of obligations
5.7 Relationship between the mortgage and the collateral deed of covenant
5.8 Special fees and ‘upside’ sharing arrangements
5.9 Property covered by the mortgage
CHAPTER 6 REGISTRATION OF MORTGAGES
6.1 Introduction
6.2 Merchant Shipping Act 1995
6.3 Companies Act 2006
6.4 The Bills of Sale Acts
6.5 Reform of the registration system
CHAPTER 7 PRIORITY
7.1 Statutory registered priority
7.2 Agreed priority
7.3 Failure to register a mortgage
7.4 Equitable mortgages and charges
7.5 Floating charges; negative pledges
7.6 The order of priorities in an order for sale
7.7 Tacking of further advances
7.8 Tabula in naufragio
7.9 Priority of security over ancillary receivables
7.10 Marshalling
CHAPTER 8 MORTGAGOR’S OBLIGATIONS AND UNDERTAKINGS
8.1 Introduction
8.2 Typical express owners’ undertakings
8.3 Certain issues on owners’ undertakings
8.4 Sanctions
8.5 Consents and discretions
8.6 Protection of security
CHAPTER 9 AMENDMENT, TRANSFER AND DISCHARGE
9.1 Amendment
9.2 Correction and rectification of the Register
9.3 Transfer and transmission
9.4 Discharge
9.5 Consolidation
CHAPTER 10 LIENS
10.1 Introduction
10.2 Common law liens
10.3 Equitable liens
10.4 Maritime liens
10.5 Statutory liens
10.6 Statutory possessory liens
CHAPTER 11 DEFAULT, AND SELF-HELP ENFORCEMENT POWERS
11.1 Introduction
11.2 Events of Default (EODs)
11.3 Non-payment EODs
11.4 Other EODs
11.5 Discretions in relation to default
11.6 Waiver of EODs
11.7 Effect of an EOD
11.8 Default interest and break-funding
11.9 The lender’s/mortgagee’s options following a default
11.10 Enforcement
11.11 The right to take possession at common law
11.12 Method of taking possession
11.13 Factors relevant to the mortgagee’s decision to take possession
11.14 The rights of a mortgagee in possession
11.15 Sale of the mortgaged ship
11.16 Mechanics and effect of a mortgagee’s private sale
11.17 The mortgagee’s expenses of sale
11.18 Application of the proceeds of sale
11.19 Receivership
11.20 Foreclosure
11.21 Subsequent mortgagees
11.22 Enforcement of security over ancillary receivables
CHAPTER 12 THE COURTS’ PROTECTION OF THE MORTGAGOR
12.1 Introduction
12.2 Protection of the mortgagor’s right to redeem
12.3 The mortgagee in possession’s duties to the mortgagor
12.4 The mortgagee’s exercise of its power of sale
12.5 Sales to self
12.6 Sales to favoured buyers; improper purposes
12.7 Are ship mortgages different from mortgages of land?
12.8 Derivative liability to relevant parties
12.9 Excluding duties
12.10 Anti-set-off clauses
12.11 Marshalling
12.12 The perils of intermeddling
12.13 The conflict of laws
CHAPTER 13 DUTIES AND LIABILITIES OF THE MORTGAGEE TO THIRD PARTIES
13.1 Introduction
13.2 Mortgagee enforcing security: liability to non-demise charterers and cargo interests
13.3 Mortgagee enforcing security: demise (bareboat) charterers
13.4 Third-party purchase options
13.5 Liabilities of a mortgagee in possession to third parties
13.6 Interference with third-party property
13.7 Issues arising under the Partnership Act 1890
13.8 Wider lender liability risks
13.9 Equitable subordination
13.10 Lender liability: an attempt to summarise
CHAPTER 14 ENFORCEMENT BY ARREST AND COURT SALE
14.1 Introduction
14.2 The Admiralty jurisdiction of the High Court
14.3 Ship arrest procedure
14.4 Court sale procedure
14.5 Enforceability of the court bill of sale
14.6 Determination of priorities and payment out
CHAPTER 15 RESTRUCTURING AND INSOLVENCY
15.1 Introduction and background
15.2 Consensual restructurings
15.3 Schemes of arrangement under the Companies Act 2006, Part 26
15.4 Restructuring plans under the Companies Act 2006, Part 26A
15.5 The move towards restructuring globally
15.6 Chapter 11 (and Chapter 15) of the United States Bankruptcy Code
15.7 The Recast Insolvency Regulation
15.8 The UNCITRAL Model Law on Cross-Border Insolvency and the Cross-Border Insolvency Regulations
15.9 Other UK cross-border jurisdictional issues
15.10 Hanjin
CHAPTER 16 INSURANCE
16.1 Introduction
16.2 The nature of the mortgagee’s interest
16.3 Insurance placed by the mortgagee for its own benefit
16.4 Co-assurance
16.5 Assignment
16.6 Notice of assignment
16.7 Assignment: clubs and mutual associations
16.8 Loss payable clauses
16.9 Letters of undertaking
16.10 Claims
16.11 The conflict of laws
16.12 Illegality risk
16.13 Reinsurances; assignments of reinsurances
16.14 Mortgagees’ interest insurance
16.15 Mortgagees’ Additional Perils (Pollution) (‘MAPP’) insurance
16.16 Mortgagees’ rights insurance (‘MRI’)
16.17 Other mortgagees’ insurances
16.18 Concluding observations
CHAPTER 17 SECURITY OVER EARNINGS AND CHARTERPARTIES
17.1 Introduction
17.2 The commercial background
17.3 Present rights and future rights
17.4 Partial assignments, suspensory assignments and assignments by way of charge
17.5 Notice of assignment
17.6 Legal assignments and equitable assignments
17.7 Certain set-off issues
17.8 The conflict of laws
17.9 Restrictions on assignment
17.10 Liens on sub-freights
17.11 Charterparties and step-in rights
17.12 Earnings account
17.13 Financial Collateral Arrangements
17.14 Pooling arrangements
17.15 Requisition compensation
CHAPTER 18 PRE-DELIVERY SECURITY
18.1 Background and Introduction
18.2 The builder’s refund obligations
18.3 Refund guarantees
18.4 Advance payment guarantees
18.5 Assignment issues, control over disputes
18.6 Stepping in to the buyer’s position
CHAPTER 19 SECURITY OVER SHARES
19.1 Introduction
19.2 Reasons for taking shares security
19.3 SPC liabilities
19.4 Aspects of the security documents; enforcement
19.5 The courts’ protection of the grantor of the security
19.6 The conflict of laws
CHAPTER 20 LEASE FINANCING OF SHIPS
20.1 Introduction and background
20.2 The nature and form of a ship lease
20.3 Differences between financial leases and ship mortgages in relation to default and enforcement
20.4 Recharacterisation of financial leases
20.5 Liability of lessors to third parties
20.6 Leases and mortgages combined
20.7 Issues for financial lessees
20.8 Financial leases and secured loans; some reflections on the differences
Appendix 1: Statutory material
A Merchant Shipping Act 1995, Part II
B Merchant Shipping Act 1995, Schedule 1
C Merchant Shipping (Registration of Ships) Regulations 1993, SI 1993/3138, Part VII (as amended)
D Senior Courts Act 1981, section 20(2)
Appendix 2: Statutory forms
A Form MSF 4736 REV 1118 (Mortgage of a Ship to secure Account Current etc. other/obligation)
B Form MSF 4737 REV 1118 (Mortgage of a Ship to secure Principal sum and Interest)
C Form 4739 REV 1118 (Notice of Mortgage Intent)
Appendix 3: Specimen deed of covenant
Appendix 4: Institute Mortgagees’ Interest Clauses – Hulls
Appendix 5: The Admiralty Marshal’s Conditions of Sale and Bill of Sale
Index
People also search for The Law of Ship Mortgages 3rd:
the law of ship mortgages
the law of ship mortgages pdf
ship mortgage act of 1920
the law of mortgages comes from
j.h. osborne
Tags: David Osborne, Charles Buss, Joanne Champkins, The Law, Ship Mortgages