6.1 Introduction

6.1.1 Generally

Necessaries essentially refers to those things which are necessary for a vessel—the res. Abbot CJ explained this more fully in Webster v Seekamp ¹ as follows: “I am of opinion, that whatever is fit and proper for the service on which a vessel is engaged, whatever the owner of that vessel, as a prudent man, would have ordered, if present at the time, comes within the meaning of the term ‘necessary,’ as applied to those repairs done or things provided for the ship by order of the master, for which the owners are liable”. A later decision of Dr Lushington in The Comtesse de Fregeville ² confined necessaries to what were “primarily indispensable” repairs and provisions—things necessary for the ship but not the voyage. This appears to be a distinction without substance and was not followed by Sir Robert Phillimore in The Riga. ³