10.1 Introduction

10.1.1 Generally

Development of maritime liens has followed a narrow path. Some but not all concerned jurisdictions have maritime liens beyond those mentioned. The whole area, however, is not one which over the centuries has been characterised by rapid or extensive growth. There are historical and other reasons for this. One factor could be vested shipowner interests. Whether that be so or not, a major factor is that in the earliest times admiralty jurisdiction was confined by the statutes of Richard II to things done upon the sea. The most authoritative account of admiralty's development will be found in De Lovio v Boit. ¹ Only certain numbers of things can happen at sea whereas on land it is a different matter. So basically all the changes that took place in commercial law—occurring with changes in commerce over the centuries—took place on land. These were changes that bypassed the maritime world—where the maritime liens arose—until later times when statute generally intervened. Moreover, the subjects of maritime liens themselves—ships at sea or in port—remained static, except for improvements in construction and so on, again until later times. Hence, in a number of ways the opportunities to create new maritime liens never arose often or at all. The development of carrying cargoes by aircraft also must be mentioned. To this account of retrograde development in the maritime liens area, must be added the conservatism of courts—particularly the courts of England and those following English tradition and authority—extending over centuries.