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Bills of Lading
Bills of Lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex is it is commercially vital. This bestselling book provides a detailed analysis of the law and practice applicable to bills of lading before, during and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all of the major developments since its first edition, including: Reference to increasingly important Singapore and Far-Eastern decisions An analysis of modern develop...
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.
Admiralty Jurisdiction and Practice
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of admiralty law as well as the jurisdiction and procedure of the Admiralty Court. Now in its sixth edition, it is firmly established as the leading reference guide for today’s maritime practitioner. It deals with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, the range of applicable limitation periods, the role of international conventions, and how collision claims should be litigated. This edition has been fully updated to include new case law and important changes in practice and procedure since 2017. It covers the implications of Brexit as well as changes to CPR Part 61 and its accompanying Practice Direction in particular in relation to limitation claims and the new rules for pleading collision claims. This book is the first choice for all those concerned with admiralty law. It is essential to maritime practitioners in England and the international common law world.
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...
Laytime and Demurrage
Laytime and Demurrage is an indispensable book for those new to laytime and demurrage as well as anyone who needs a more in-depth analysis. It is considered to be the main source of authority on all issues to do with laytime and demurrage. This book deals with all aspects of laytime, demurrage and detention, tracing the development of the law from its origins in the nineteenth century and earlier, right up to the current day. This updated edition covers all of the judicial and arbitral decisions reported since the last edition published in 2005. It provides an both an overview of the general principles of laytime and demurrage, as well as an in-depth analysis of laytime clauses, including bo...
Insurance Contract Law
This joint discussion paper covers the following issues: the business insured's duty of disclosure, and the law of warranties. Under current law, a business policyholder has a duty to disclose every material circumstance it knows about the risk it wants to insure. Failure to do so entitles the insurer to avoid the contract, which means the insurer may treat it as if it did not exist and refuse all claims. The duty is unclear and sometimes poorly understood, while the consequence of breach is too harsh. The proposals aim to clarify how policyholders are expected to comply with the duty when presenting a risk to insurers and to encourage insurers to assist them in that task. Fairer remedies fo...
The Three Paths of Justice
This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Ship Sale and Purchase
Ship Sale and Purchase is an essential working guide for anyone involved in the business of making ship sale contracts and also in the resolution of related disputes. It continues to be of great practical use, highlighting typical problems and tensions between the parties to ship sale contracts, as well as best practice. This sixth edition contains a clause-by-clause commentary on SALEFORM 2012, the latest edition of the highly successful Memorandum of Agreement for the Sale and Purchase of Ships, issued by BIMCO and the Norwegian Shipbrokers Association. Key differences with the previous SALEFORM are described in order to help all involved get up to speed. Recent case law is evaluated to highlight contractual issues that have arisen in recent years and a comprehensive description of the many ways in which the standard form provisions may be modified to suit the particular requirements of each transaction. It provides complete coverage on the subject by including a practical overview of two other ship sale contracts, the current (1999) edition of Nipponsale and the first edition (2011) of the Singapore Ship Sale Form.
