3.1 Introduction

3.1.1 The historical introduction in Chapter 1 has touched upon the nature of a registered ship mortgage under English law, noting that there is surprising uncertainty on the legal classification of a statutory mortgage but firmly concluding that it is a sui generis form of statutory charge by way of legal mortgage.1 Chapter 2 has addressed the ownership and registration of ships. The nature of a ship mortgage was commented on as follows by Roskill J in Fletcher and Campbell v City Marine Finance Ltd:2