Paul Myburgh, 2010
This article discusses the different treatment of ship suppliers’ claims in Anglo-Common Law jurisdictions. The United States, until recently, was the only jurisdiction that granted a maritime lien status to such claims. Canada, to avoid discrepancies with the United States, which could lead to forum shopping, has recently introduced a statutory maritime lien for certain ship suppliers’ claims. The author urges other Anglo-Common Law jurisdictions, including New Zealand, to reconsider their position in light of such developments.
Jack Wass, 2014
This article considers the primary exception to the Mozambique rule: where a court assumes jurisdiction in personam to enforce a contractual or equitable claim concerning foreign immovable property against a defendant subject to the courts personal jurisdiction. The author suggests that within this context the orthodox English approach to questions of jurisdiction is unsatisfactory. It is suggested that modern conflict of laws principles require that English courts apply the proper law of the claim when determining whether there is a sufficient equitable or contractual obligation to invoke the courts’ in personam jurisdiction. It is the author’s view that such an approach coupled with a robust application of the forum non conveniens doctrine will promote comity, consistency and the interests of justice. The author goes on to advocate for the recognition of foreign judgments that give effect to personal obligations in relations to English land