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Law and Practice of Maritime Liens, The

The Law and Practice of Maritime Liens, 1st Edition, (c) 2025

Chapter 13


Page 151

Maritime lien proceedings: Service

13.1 Service

13.1.1 Generally

The general principle is clear: service of proceedings in a case seeking enforcement of a maritime lien is essential to ensure notice of the existence of the proceedings is given to the other party and to ensure therefore proper process is followed leading to a judicial sale. As was said in The Oriental Lily 1 based on what was said by Brandon J in The Berny 2 it is incumbent on a reasonable plaintiff to take all reasonable steps to effect service—however the initiating process may be described. This statement was recited by Reyes J in the Hong Kong case of Zhu Sheng 2 v Owners and/or Demise Charterers of the Vessel Zhu Sheng 2. 3 The very function of service of initiating process is to alert a party to the pendency of a lawsuit against that party. 4 The other party can claim a nullity if not served in accordance with law.

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