Chapter 15

Tenth Edition (2017)

Building, Equipping or Repairing of any Ship

Any claim for building, equipping or repairing of any ship admiralty jurisdiction can be invoked and ship arrested. In repairs done and material supplied if it is conclusively shown that they are prima facie "necessaries", an action will lie.
Repairs and maintenance although not maritime lien it give rise to rights in rem that allows the claimant to arrest the ship. The claimant can approach the court for arrest of a ship for unpaid dues towards carrying out repair work on ship or ship building or equipping.

Under section 4 of the Admiralty Courts Act, 1861 the High Court of Admiralty shall have Jurisdiction over any claim for the building, equipping, or repairing of any Ship where the ship or proceeds thereof are already under arrest. Claims for necessaries supplied to foreign ships, claims for towage, claims for building, equipping or repairing a ship, claims by holders of bills of lading of any goods carried into a port or for damage to such goods are all maritime claims.
BCAS: 7103-1001