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Vol 21 No 11 Nov/Dec 2016

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The Law and Practice of Admiralty Matters 2nd ed


ISBN13: 9780198729556
Previous Edition ISBN: 9780199282647
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00



In stock.

By their very nature, ships do not stay put. They are also uniquely vulnerable to arrest. The good sense of a work which covers the law of arrest in multiple significant maritime jurisdictions is not hard to see. Derrington & Turner should be at the elbow of lawyers, insurers, ship owners, and maritime claimants across the globe.

In addition to its practical value, the scholarly and uniquely comparative approach taken by this book advances the understanding of the law practised in the Admiralty jurisdictions, particularly in an era when the sheer volume of decisions produced by the future Lord Brandon are a distant and fast-receding memory.

As with the first edition of this well-regarded work, difficult and unsettled points of law are analysed alongside considered illustrations drawn from the case law of England, Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa.

The book has been fully revised and updated with significant developments in both the substantive admiralty law and procedural rules of major jurisdictions, including changes to the conventions which affect limitation of liability on a ship owner and to the rules on stay for arbitration, the jurisprudence of arrest procedures and cross-border insolvencies, and judicial and academic evaluations of the true nature of a maritime lien. Interactions with the recast Brussels jurisdiction regulation are also discussed in this second edition.

Subjects:
Shipping, Transport and Maritime Law
Contents:
1. Introduction
2. The Nature and Scope of the Modern Admiralty Action
3. Proprietary Maritime Claims
4. Maritime Liens (and other charges)
5. General Maritime Claims
6. Admiralty Procedure and the Arrest Process
7. Post-arrest Procedure
8. Distribution of the Fund
9. Procedure in Collision Cases
10. Limitation of Liability for Maritime Claims
11. Arbitration Issues

APPENDICES
APPENDIX 1: ADMIRALTY COURT ACT, 1840
APPENDIX 2: ADMIRALTY COURT ACT, 1861
APPENDIX 3: SUPREME COURT OF JUDICATURE (CONSOLIDATION) ACT, 1925
APPENDIX 4: ADMINISTRATION OF JUSTICE ACT, 1956
APPENDIX 5: SENIOR COURTS ACT, 1981 (UK) [LATEST VERSION AMENDED 2005]
APPENDIX 6: ADMIRALTY ACT, 1988 (AUSTRALIA) [LATEST VERSION INCLUDES AMENDMENTS UP TO 1 JULY 2013]
APPENDIX 7: FEDERAL COURTS ACT, 1985 (CANADA) [LATEST VERSION INCLUDES AMENDMENTS UP TO 1 NOVEMBER 2014
APPENDIX 8: HIGH COURT ORDINANCE CHAPTER 4 (HONG KONG) [RELEVANT PROVISIONS LAST AMENDED 1 JUNE 2011]
APPENDIX 9: ADMIRALTY ACT, 1973 (NEW ZEALAND) [LATEST REPRINT CURRENT AS AT 1 JANUARY 2004]
APPENDIX 10: HIGH COURT (ADMIRALTY JURISDICTION) ACT (CAP 123, 2001 REV ED) (SINGAPORE) [LATEST VERSION CURRENT AS A 31 JULY 2001]
APPENDIX 11: ADMIRALTY JURISDICTION REGULATION ACT 105 OF 1983 (SOUTH AFRICA) [VERSION AVAILABLE ONLINE IS CURRENT AS AT 21 SEPTEMBER 2001]
APPENDIX 12: ADMIRALTY COURT FORMS
APPENDIX 13: THE ARREST CONVENTIONS OF 1952 AND 1999