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Admiralty Claims

Admiralty Claims
2nd Edition
Series:  British Shipping Laws
Practice Area:  Litigation, Shipping
ISBN:  9780414120785
Published by:  Sweet & Maxwell
Publication Date:  30 Aug 2024
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Admiralty Claims, presents a comprehensive single-volume treatment of admiralty claims aimed particularly at practitioners.

  • Covers the rules and principles peculiar to admiralty claims and explains their relationship with related areas of substantive and adjectival law.
  • Investigates the theoretical underpinnings of the subject, in order to enhance understanding and to indicate novel lines of enquiry.
  • Contains a treatment in terms of detail and theoretical and practical methodology which is clearly superior to currently available treatments.
  • Offers an in-depth treatment of the whole of Admiralty Claims and jurisdiction.
  • Combines both a principled and a practical approach.
  • Highlights and explains the distinction between admiralty and ordinary claims rules.
  • Incorporates discussion of international conventions, European Union law and the expected effects of Brexit.
  • Has been written by two of the leading UK academics in maritime law

The second edition includes the following updates:

  • The chapter on the jurisdiction of the English courts has been greatly shortened and simplified, including coverage of anti-suit relief, now that the UK will not be ratifying the Lugano Convention and has given effect to the Hague Convention on Choice of Court Agreements 2005.
  • Other Brexit-related developments have included streamlining the chapter on insolvency in the light of the falling away of the EU Insolvency Regulation and the resulting universal application of the Model Law on transborder insolvency.
  • Changes to the CPR to reintroduce a limited right to start at least some proceedings within the admiralty jurisdiction in the County Court

Case law has been comprehensively updated, including on:

  • Limitation of liability, notably in The MSC Flaminia [2023] EWCA Civ 1007 and The Stema Barge II [2021] EWCA Civ 1880 on entitlement to limit;
  • time-bars, with the confirmation in The Giant Ace (No. 2) [2023] EWCA Civ 569 of the width of Art III r 6 of the Hague-Visby Rules; and
  • anti-suit relief, with confirmation by the Court of Appeal and the Supreme Court in Unicredit Bank GmbH v Ruschemalliance LLC (2024) that it is available to protect an obligation to arbitrate in a non-English seat

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CONTENTS

  1. History
  2. Admiralty Jurisdiction
  3. In Personam Claims
  4. The Admiralty Action In Rem
  5. Preliminary Measures
  6. Time-bars
  7. Limitation of Liability
  8. Arbitration
  9. Security Priorities
  10. Insolvency
  11. Admiralty and Transnational Litigation - Jurisdiction
  12. Governing Law

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