11.1 Introduction

11.1.1 Generally

It is not the case that once a lien, always a lien. One noted author has said a lien is frequently described as “indelible” and, while a useful epithet, it must not be pressed too greatly to lead to the view that a maritime lien once created is indestructible. ¹ The author points out, such a description is quite wrong and goes on to quote Mellish LJ in The Two Ellens ² who said that a maritime lien “adheres to the Ship from the time that the facts happened…and then continues binding on the Ship until it is discharged, either by being satisfied or from the laches of the Owner, or in any other way by which, in law, it may be discharged”. In short, Mellish LJ said: “It commences and then it continues binding on the Ship until it comes to an end”. However, in the fact at all that a maritime lien continues in this way, the contrast with common law liens becomes all the more apparent. ³