12.1 Introduction

12.1.1 Generally

The whole point of having a maritime lien is to ensure the secure creditor status it gives comes to fruition by enforcement by judicial sale if need be. Enforcement proceedings are then a critical issue to the efficacy of maritime liens. It is of no use having a maritime lien which is unenforceable. In a sense, this gives point to the minority view in The Halcyon Isle. ¹ To enable enforcement, court proceedings in admiralty must be instituted in accordance with the laws of the jurisdiction concerned. All going well, an order for judicial sale will ensue in due course. Court proceedings are instituted in each of the jurisdictions concerned by filing or lodging initiating process which must then be served. Initiating process is governed by the procedural rules in each jurisdiction. Procedural rules in each jurisdiction are found both in statute and in the various Rules of Court applying in the jurisdiction in question.