The right to salvage fees and refund of payments for services rendered during the rescue of a ship enshrined in this section have been recognized as granting maritime lien in order to ensure the rescue of ships in distress. The fear that the public will refrain from endangering itself and its property in order to assist the ship in distress requires the granting of a guaranteed right to reimburse the expenses of the rescue and to receive the relief payment.
- The term "salvation" was defined by law as including a number of elements, including volunteering, danger to the ship, providing services for its rescue, and the success of the rescue. This is what the author notes Geoffrey Brice, In my bookMaritime Law Of Salvage, 3rd. ed., p1:
In English law, a right to salvage arises when a person, acting as a volunteer (that is without any pre-existing contractual or other legal duty so to act) preserves or contributes to preserving at sea any vessel, cargo, freight or other recognized subject of salvage from danger.
In the book of Kenndy's, Civil Salvage 4th ed Rescue services are defined as follows (p. 5):
A salvage service in the view of the Court of Admiralty may be described sufficiently for practical purposes as a service which saves or helps to save a recognized subject of salvage when in danger, if the rendering of such service is voluntary in the sense of being solely attributable neither to pre-existing contractual or official duty owed to the owner of the salved property nor to the interest of self-preservation.
Later on, the author details various examples of rescue services, such as towing the ship from a place of danger, routing the ship in an area of danger, and so on.
- Other Municipality Requests 578/70 The ship "Redeemed" and its Owner v. Lloyds Underwriters et al., IsrSC 25(2) 733 (1971) The Supreme Court reviewed the interpretation of section 6 of the said law of 1840 and held that a tort or contractual claim for the recovery of payment paid by insurers for the release of their customers' cargo is not of the type of claims for relief fees. The court ruled that the words "all claims and demands whatsoever in the nature of salvage" Describing "Salvation Services", including towing, navigation, rescuing a person or property belonging to the vessel, etc. (ibid., at p. 737). See also what I mentioned in various civil requests in this regard. 100/06 The ship "Captain George 1" N Assodivers Underwater Contractors Ltd (14/5/2007).
- The indemnity claim is not a claim for relief fees. Although the plaintiffs' participation in the payment of the general damage may also include "saving" payments that the shipowner was forced to pay in order to "flood" the ship and carry out temporary repairs that would allow it to continue its journey, the claim for indemnification is not a claim for relief payments. The authority under section 6 of the 1840 law does not include the authority to adjudicate on the payment of participation fees for general damages, even if part of the general damage originates from salary payments. The requirement to participate in the general damage is a self-claim and is separate from the claim of salvation of the person who provided rescue services to the ship.
- 33. The alternative source of the jurisdiction of the Maritime Court on which the claim relies is section 6 of the Act of 1861, which deals with damage caused to the cargo and states as follows:
The high court of admiralty shall have jurisdiction over Any claim by the owner, or consignee, or assignee of any bill of Lading of any goods carried into any port in England or wales in Any ship, for damage done to the goods or any part thereof by the Negligence or misconduct of or for any breach of duty or breach of , Contract on the part of the owner, master, or crew of the ship Unless it is shewn to the satisfaction of the court that at The time of the institution of the cause any owner or part owner ,Of the ship is domiciled in England or wales; provided always That if in any such cause the plaintiff do not recover l 20, he Shall not be entitled to any costs, charges, or expenses incurred By him therein, unless the judge shall certify that the cause Was a fit one to be tried in the said court.