The Glamazon
The Exclusive Ship Holding Company (ESHC) is based in the United Kingdom and owns and operates an expansive fleet including RO RO vessels, tankers and tugs and offshore supply vessels. In November 2020 the ESHC was contracted by the Government of the Republic Trinidad and Tobago (GORTT), through its subsidiary Exclusive Ship T&T Limited (ESTTL) for the charter of a Ferry, The Glamazon for a period of 5 years. ESTTL now operates in Trinidad and Tobago and The Glamzon has set sail from London to commence its time charter with the GORTT. The Glamzon was flagged to St Vincent and the Grenadines for the duration of this time charter and de-registered from the Isle of Man vessel registry.
Prior to being bought by ESTTL from Glamour Ships Limited, The Glamazon was operating in the Mediterranean for the carriage for passengers and their goods between Malta and Gozo. The vessel was flagged and operated out of Malta. In 2018 The Glamazon collided with another Ferry and suffered structural damages. Losses arising from the incident exceeded US$1million dollars and included claims for salvage and vessel repairs. Glamour Ships Limited sold the vessel free of all encumbrances to ESTTL.
Upon arrival in Trinidad and Tobago the vessel was arrested for maritime liens arising from the salvage of the vessel in 2018, ship repairs and outstanding mortgage payments. Following the 2018 collision the Good Towage Company was first to arrive to assist The Glamazon. The Master of The Glamazon, taking instruction from Glamour Ships Limited signed a towage contract with the Good Towage Company to tow the vessel to Valleta Ship Repairs. During the course of the voyage the vessel encountered difficulties as a tow and the Good Towage Company had to undertake extra work to ensure the vessel was successfully towed to the ship yard. Upon reaching the ship yard the Good Towage company claimed salvage of the vessel. Glamour Ships refuted this claim and asserted that they would only be paying towage charges.
Once the vessel repairs were completed, Glamour Ships Limited sold the vessel, free of all encumbrances to ESHC who then conveyed the vessel to ESTTL. ESHC had secured financing to purchase the vessel with Credit Suisse. Credit Suisse has joined the action against The Glamazon, claiming outstanding mortgage payments and wants to take possession of the vessel to secure its outstanding mortgage payments.
INSTRUCTIONS:
In approximately 4000:
Advise ESHC on all legal exposure/potential claims arising from the scenarios above. Also advise of the validity of the various claims against The Glamazon. You may use a Gencon Time charter for the purposes of this question. You may make any necessary assumptions to complete the scenario for your submissions.
All answers must reflect a critical analysis of the applicable law.
Formatting: All work must be submitted in the following format:
New Times Roman (font size : 12)
Justified
Referencing: Please use a standard reference style, preferably OSCOLA.
The Glamazon (1)
The Glamazon (1)
Criteria Ratings Pts
This criterion is linked to a Learning Outcome Introduction
5 pts
Full Marks
0 pts
No Marks
5 pts
This criterion is linked to a Learning Outcome Identification and Analysis of Corporate Structure
10 pts
Full Marks
0 pts
No Marks
10 pts
This criterion is linked to a Learning Outcome Analysis of Charterparty issues
15 pts
Full Marks
0 pts
No Marks
15 pts
This criterion is linked to a Learning OutcomeArrest/Beneficial Ownership
15 pts
Full Marks
0 pts
No Marks
15 pts
This criterion is linked to a Learning OutcomeAnalysis of Towage and Salvage Issues
20 pts
Full Marks
0 pts
No Marks
20 pts
This criterion is linked to a Learning OutcomeAnalysis of applicable Maritime Liens
20 pts
Full Marks
0 pts
No Marks
20 pts
This criterion is linked to a Learning OutcomeConclusion & Recommendations
15 pts
Full Marks
0 pts
No Marks
15 pts
Total Points: 100
