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
Summerskill on Laytime, a key and established title in this specialist field, comprehensively covers laytime and demurrage under English law. Ideal for practitioners in the field, this title presents the principles behind laytime, the standard clauses, interruptions, suspensions, demurrage, detention and dispatch.
The seventh edition updates the text to take account of key case law, including:
The Court of Appeal decisions in Limbungan v Classic Maritime and in K Line v Priminds (The Eternal Bliss)
At first instance, in The Aconcagua Bay the “always accessible” clause has been held to cover leaving a berth as well as entering it, contrary to what had previously been decided by the tribunal in London Arbitration 11/97.
The effect of owners’ breach of contract in caring for the cargo on the amount of demurrage incurred by charterers was considered in The Santa Isabella.
In the Muammer Yagci the laytime exception of ‘government interferences’ in cl28 of the 1999 Sugar Charterparty was held to cover seizure of cargo by the customs authorities in Algiers following the identification of a discrepancy between the cargo and the relevant documents presented by the receivers.
There have been several decisions on the applicability of time bar provisions for bringing demurrage claims, including: The MTM Hong Kong, The Amalie Essberger, The MT Maria, The Ocean Neptune, and Glencore v OMV.
London Arbitration 13/19, where the Tribunal found that a Notice of Readiness cannot be validly given when the vessel is still on the move
London Arbitration 19/18 where the Tribunal found that consequential delay on the vessel’s arrival at the discharging port due to delay on completing loading due to engine problems did not interrupt demurrage as the fault of the shipowner needed to be contemporaneous with the delay
and the effect of bad weather on loading and discharging operations in London Arbitration 12/19 and London Arbitration 21/19.