Bemis v. Owners of R.M.S. "Lusitania" [1996] IEHC 2 (14th May, 1996)

Bemis v. Owners of R.M.S. "Lusitania" [1996] IEHC 2 (14th May, 1996)

The plaintiff's documentary title, previously accepted by competent courts and unchallenged by the State in respect of the vessel, establishes his exclusive ownership of the R. M. S. Lusitania, her hull, tackle, appurtenances, engines and apparel.

Citation
[1996] IEHC 2
Parties
Plaintiff: F. Gregg Bemis Junior; First Defendant: R. M. S. Lusitania; Second, Third and Fourth Defendants: The State
Jurisdiction
Ireland
Procedural Posture
Declaratory Action / Judgment After Hearing
Outcome
Declaration granted in favour of the plaintiff; formal judgment against the first defendant; issues of cargo, personal effects, and costs adjourned.
Legal Topics
Ownership of Shipwreck, Declaration of Title, Admiralty Jurisdiction
Property Law Admiralty Law Ownership of Shipwreck Declaration of Title Admiralty Jurisdiction

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Parties

F. Gregg Bemis Junior

Plaintiff

R. M. S. Lusitania

First Defendant

The State

Second, Third and Fourth Defendants

Procedural Posture

Declaratory Action / Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff is the sole and exclusive owner of all rights, title and interest in the R. M. S. Lusitania, her hull, tackle, appurtenances, engines and apparel.

Ratio Decidendi

The plaintiff's documentary title, previously accepted by competent courts and unchallenged by the State in respect of the vessel, establishes his exclusive ownership of the R. M. S. Lusitania, her hull, tackle, appurtenances, engines and apparel.

Court Disposition

Declaration granted in favour of the plaintiff; formal judgment against the first defendant; issues of cargo, personal effects, and costs adjourned.

Orders

  • Declaration that the plaintiff is the sole and exclusive owner of all rights, title and interest in the R. M. S. Lusitania, her hull, tackle, appurtenances, engines and apparel.
  • Formal judgment against the first named defendant.