Wednesday, 23 February 2011

Cosco Bulk Carrier Co Ltd v Armada Shipping SA & Anor [2011] EWHC 216 (Ch) (11 February 2011)

Mr Justice Briggs (pictured) has handed down his judgment in Cosco Bulk Carrier Co Ltd v Armada Shipping SA & Anor [2011] EWHC 216 (Ch) (11 February 2011). The case is particularly interesting due to its consideration of the Cross-Border Insolvency Regulations 2006 and article 17 of the UNCITRAL Model Law on Cross-Border Insolvency. It is also noteworthy as it contains a reference to an academic article. Briggs, J notes "The contrary argument, originally propounded by Dr Fidelis Oditah in his article "The Juridical Nature of a Lien on Sub-freights" [1989] LMCLQ 191, and enthusiastically endorsed by Lord Millett, giving the judgment of the Judicial Committee of the Privy Council in Agnew v. Commissioners of Inland Revenue [2001] 2 AC 710, at paragraphs 38 to 41, is that the owner's lien on sub-freights is a personal contractual right of interception analogous to an unpaid seller's right of stoppage in transit, and not a charge or proprietary right at all." Whilst I go and have a look for the now Professor Fidelis Oditah QC's early article I will leave readers to mull on the rest of Briggs, J's judgment. 

Picture Credit: http://i.dailymail.co.uk/i/pix/2010/03/17/article-1258581-08C19B25000005DC-40_233x382.jpg

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