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    75 views8 pages

    Lloyd's Law Reports The Father Thames

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    hermionegranger354
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    Copyright:

    © All Rights Reserved
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    of 8
    368 {1979} Vor. 2} LLOYD'S LAW REPORTS “The “Father Thames’ 10.B.(Adm. Cu PART S contract of guarantee. Mr. Foy concedes that, if et teal ant i Rua Mey a fet a oe asa ea potent greece tes 2g oN aie MB Bil a CHSHAEAGR™ yee Bnet SWATCH ee et at he al ‘by the company, in the sense that it was not paid beeches aera tate ina eden ce are Petraes Hae ey eae ee Weld ea ct Prise dt te eat eo a ee ala ne we ade a ae rats ees ins Pe tobe atten it moan hata tae ae eerie eats pal oie vt dase ed. QUEEN'S BENCH DIVISION (ADMIRALTY COURT) Mar, and2, 1979 ‘THE “FATHER THAMES” Before Mr. Justice SHEEN ‘Admiralty practice — Action in rem — Maritime lien "Colston Vessel" on demise charter — Whether Whether should be stayed 1956, 8. 10) (0), 30). By a charier-party, by way of demise, the owners leuthelr vessel, Fasher Thames, fora period oF 0 years 0B. Lid the demise charterer. Unger he ero the char, the owner centtely divested themselves, not only of possesion fof, but also of al conical over her- During the ‘Currency ofthat charter, the owners had no control er the veh, her mater. crew on empoymen Sd heir igh in respect ofthe vessel were ti tothe bare right to recewve hfe and to take her back inco posession atthe expiration ofthe charter. (On Apr. 26, 1978, a collision occured in the River Thames’ tetwcen Father: Thames. andthe Plaimift's. vessel The Office andthe plain"! Suffered los and expenses. (On May 15, by leer, the owners were advised ‘atthe benefit and abilities of the charter ere ssigned 10 P- Lid ‘On Sept. 29, he plaintiff issued a writ eaiming damages in respect of damage 10 The Office, and lowe and expenses solTered by him as a feu ofthe Collision which was caused by the negligence of the ‘Owners, their servants OF ages. Father Thames ‘Sas arrested soon after. ‘The owners by notice of motion, applied 10 set aside ihe writ and all subsequent proceedings On the round that there was no valid cause Of action Sgainst Farher Thames, no maritime Hen attached {erthe vesel in cespect of the cllion and there was ‘no valid eause of action against the owners ether ‘em ot in personam a ihe suit of the pain The ‘owners. further argued that Jursdetion 1o proceed against Father Thames {em and thatthe foundation of the maritime tien ‘vas Tabi jgence of those who were the ‘nets atthe time a the collision Held, by Q.B. (Adm. Ci.) (SHLe, 3.) ‘har (Uy the Admiralty jurisdiction of the High Court was laid down By s. 1 of the Administration ff Justice Act, 1986, and the action 4S, OYA) (Gee p36, ‘col. 2 “syenficlly owned as respects al shares there" ins, 318) id not apply to's demise charterer (se 367, col 1); Q.8.(Adm. C1} LLOYD'S LAW REPORTS 365 Saeen 1 The “Father Thames” 11979] Vou.2 Anirea Ursa, 19711 | Castlegate, The, (H.L.) [1893] A.C. 38; TT Rep. 15 towed Druid, The, (H.L.) (1842) WM. Rob. 391; The L

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