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Wilful Misconduct in International Transport Law
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
Ship Sale and Purchase
Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Associatio...
Offshore Construction
With thirty per cent of the world’s oil and gas production coming from offshore areas, the construction of specialist vessels to perform offshore operations is a crucial part of the industry. However, with exploration and production being performed in increasingly exacting locations, the scope for disputes arising from cost overruns, scheduling delays and technical difficulties is immense. In the absence of legal precedent, this ground-breaking title provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels, including FPSOs, drilling units, OSVs and fixed platforms. Written by a leading team at Stephenson Harwood, this book covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples. Key topics include: Design risk Changes to the work Consequences of delay Acceptance Tests Termination Dispute resolution This unique text will be of enormous assistance both to legal practitioners and offshore construction professionals including project managers, financiers, insurers, and sub-contractors.
International Maritime Law and Practice
This book provides a different perspective on the ever-popular topic of maritime law, emphasising historical and comparative aspects. It provides the reader with a broader view of how maritime law has developed throughout history and operates within various legal systems. Each chapter starts with historical development, meticulously explaining the development of various maritime law concepts to enable a higher level of understanding in the contemporary context. The text adopts a comprehensive comparative approach that has two segments. One segment is related to the coverage of several major maritime jurisdictions. Focusing mainly on English law, it also provides selected legislation and esse...
The London Gazette
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The Law of Ship Mortgages
Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth a...
Refund Guarantees
A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed. There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts. This is the first English law text book dedicated to the subject of refund guarantees. It ...
Time Charters
Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition. The English decisions covered in the new edition include: The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board); The Athena (nature of off-hire; meaning of 'loss of time’/'time thereby lost'); The Kyla (damage to ship and frustration); The Silver Constellation, The Savina Caylyn and ...
Land Law
This seventh edition covers everything from the legal definition of land to the essential elements in a lease or tenancy and the function of covenants in the planning of land use.
Bareboat Charters
This book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon. Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as terminat...
