Since the last edition of Enforcement of Maritime Claims published in 2000, there have been a number of legislative and case law developments. This new edition addresses these developments and discusses the factors that affect the enforceability of a claim, including jurisdiction, how to enforce a claim, security remedies and the relevance of foreign law, including the critical impact of membership of the European Union.
Legislative changes including:-
- The effects of the replacement of R.S.C. Order 75 by CPR Part 61 in March 2002
- The replacement of the amended Brussels Convention on Jurisdiction and Judgments by Council Regulation 44/2001
- The enforcement of Council Regulation 1348/2000 concerning service of documents
- Gasser v Misat (December 2003) - the disagreement of the European Court with the English courts as to the relationship between Arts 17 and 21
- Turner v Grovit (AG Opinion November 2003) - the imminent decision of the Court as to the English practice of anti suit injunctions
- Owusu V Jackson (June 2002) - refers to issues involving form conviens and conflicts between Regulation 44/2001 and other Conventions.