Can you recover the costs of exercising a lien?
This briefing focuses on Metall Market OOO v Vitorio Shipping Company Limited (Lehmann Timber)  EWCA Civ 650.
On appeal from a Commercial Court decision, the Court of Appeal has overturned part of the first instance judge’s decision and held that a shipowner could recover the costs of storing cargo while exercising a lien for general average security. However, it upheld the judge’s decision that the owner’s lien was not waived where an average guarantee was given, but no average bond provided…
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Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.