Lykes Lines Ltd and Anr v M/V "BBC Sealand" and Ors - US Ct of Appeals (5th Circuit)(King CJ, Higginbotham and Davis Ct JJ) - 18 January 2005
Shipowners asserting lien for non-payment of freight on cargo belonging to third party - Whether lien valid as maritime or contractual lien - Whether third party had notice of contractual lien - Whether vessel deviated after refusing to discharge cargo - Whether vessel bound by unauthorised bills of lading issued before vessel sailed from loading port
L, the owners of cargo, contracted with a company ("AP") to transport cargo from Brazil to Puerto Cabello, Venezuela and to Houston, Texas at a price of $210,600. AP chartered the vessel BBC Sealand to transport the cargo. The charter agreement between AP and the owners of the BBC Sealand contained a lien provision which said that the shipowners would have a lien on the cargo for freight and all other amounts due under the charter including costs of recovery. The charter agreement also provided that only the vessel owner, master or owner's agent could issue bills of lading. The charter hire was $366,000 payable in a lump sum and the charter agreement stated that the vessel would not leave a loading port until the freight was paid in full.
Forgotten password?
if you have a subscription to lmln.com, but have forgotten your password, please fill in the box below and your log-in details will be emailed to you.Request a free trial
You can request a free trial to Lloyd's Maritime Law Newsletter. This includes your personal copy of the latest issue.Click here to request a free trial.Subscribe now
Start benefiting from our expert analysis straight away. Click here to subscribe. A subscription provides the latest hardcopy sent to you ten times a year, access to our online archive, and full access to the site.Log in
Michael Daiches, Barrister
May 25 2005

