• Publication Date: June 25, 2020
  • EAN: 9781760022389
  • 496 pages
Filed Under: Maritime

Admiralty Jurisdiction

$265.00

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Product Description

Now in its fifth edition, Admiralty Jurisdiction, has expanded to include the law of the United Kingdom, Canada, South Africa and India in addition to Australia, New Zealand, Singapore, Hong Kong and Malaysia. It is a comprehensive account of admiralty jurisdiction – law and practice – in these jurisdictions.

The scope of the book, its detailed analysis and its clear presentation of information makes it a valuable resource for admiralty and maritime law practitioners and judges.

Foreword to the Fifth Edition
The Hon Mr Justice Teare

Foreword to the Fourth Edition
The Hon Chief Justice James Allsop AO

Foreword to the Third Edition
The Hon Mr Justice David Steel

Foreword to the Second Edition
The Rt Hon Sir Ninian Stephen KG, AK, GCMG, GCVO, KBE

Foreword to the First Edition
The Hon Sir Laurence Street AC KCMG QC

Preface

Acknowledgments

Table of Cases

Table of Statutes
Chapter 1 Introduction

1. Nature of Admiralty Jurisdiction
2. Development of Admiralty Jurisdiction in England
3. Development of Admiralty Jurisdiction:

Australia and Elsewhere
Australia and New Zealand
Singapore
Hong Kong
Malaysia
South Africa
Canada
India

4. Jurisdiction Overview: Australia and New Zealand
5. Jurisdiction Overview: Elsewhere

United Kingdom
Singapore
Hong Kong
Malaysia
South Africa
Canada
India

6. Constitutional Powers

Australia
Canada

Chapter 2 Courts and Jurisdiction

1. Introduction
2. Courts

Admiralty actions
Proceedings in rem and in personam

3. Jurisdiction

Admiralty claims
Places
Ships
Aircraft
Foreign aspects

Chapter 3 Admiralty Claims

1. Introduction
2. Proprietary Maritime Claims

Possession, title or mortgage
Co-ownership
Satisfaction or enforcement of judgments
Interest

3. General Maritime Claims

Damage
Oil pollution
Loss of life or personal injury
Acts or omissions
Loss of or damage to cargo
Agreements relating to carriage or hire
Salvage
General average
Towage
Pilotage
Supplies
Ship construction
Alteration, repair or equipping of a ship
Port and harbour dues
Levies
Disbursements
Insurance
Wages
Arbitral awards
Interest

4. Other Admiralty Claims

Damage received
Unjustified, wrongful arrest etc
Bottomry
Forfeiture or condemnation
Admiralty droits
Former jurisdiction
Containers
Piracy, sabotage or terrorism
Sales of vessels; financing etc
Wrecks and strandings etc
Miscellaneous

5. Associated Matters

Australia
South Africa

6. Admiralty Defences

Defences generally
Jurisdictional issue
Limitation of actions
Limitation of liability

Chapter 4 Practice and Procedure

1. Introduction

Early history
Underlying policy
Governing Rules

2. Practice Matters

Generally
Stay: forum non conveniens
Stay: international arbitrations
Retention of res in stayed proceedings
Concurrent proceedings
Res under arrest: transferred or remitted proceedings
Jury trial

3. Right to Proceed in Rem

Generally
Maritime liens

4. Particular Jurisdictions: The Action in Rem

Australia
New Zealand
United Kingdom
Singapore
Hong Kong
Malaysia
South Africa
Canada
India

5. Foreign Sovereign Vessels
Chapter 5 Procedural Rules

1. Generally
2. Proceedings

Preventing proceedings
Commencing proceedings
Initiating process
In rem and in personam proceedings

3. Service

Generally
Renewal or extension of time
Inland waters
Out of jurisdiction (ex juris)
Innocent passage
Mode of service
Service on one ship only
Substituted or alternative service
Acceptance or acknowledgement of service

4. Appearance, Acknowledgement of Service etc

Generally
Entitlement to appear, acknowledge service etc
Intervention
Effect of appearance, acknowledgement of service etc
Conditional appearance, acknowledgement etc

5. Statements or Particulars of Claim

Requirement
Form

6. Arrest

Generally
Attachment distinguished
Property arrested
Arrest warrant
Undertaking
Issue of warrant
Execution of warrant
Place of arrest
Innocent passage
Government ships and property
Arrest of one ship only
Re-arrest
Unjustified or wrongful arrest
Mareva injunctions: asset preservation or freezing orders
Statutory powers of detention

7. Caveats Against Arrest

Filing of caveat
Undertaking by caveator
Payment in or bail by caveator
Operation of caveat

8. Custody of the Res

Duration of arrest
Custody by Marshal etc
Responsibility of Marshal etc
Applications concerning res
Inspection of ship
Discharge

9. Bail

Release of arrested res
Bail bonds
Filing of bond
Objection to bail
Varying bail

10. Release

Generally
Release by Registrar etc
Release by Court
Costs and expenses of Marshal etc
Excessive security etc

11. Caveats Against Release

Filing of caveat
Effect of caveat
Operation of caveat

12. Preliminary Acts: Collision Cases

Nature and origin
Filing a preliminary act
Form of filing

13. Valuation and Sale

Orders for valuation and sale
Appraisement and sale pendente lite
Sale
Post sale

14. Other Matters

Limitation proceedings
Priorities
Position of Registrar
Security for costs
Trial without pleadings etc
Judgment by default
Directions
Non-compliance
Other rules

Bibliography

Index

“The value of a book such as this which surveys the Admiralty law of several jurisdictions (in a convenient and systematic fashion) is that those who advise or represent admiralty claimants or defendant shipowners (and the judges who have to resolve their disputes) can, by examining the law of other jurisdictions, identify the direction in which the law of their own jurisdiction should develop and perhaps where their own law has taken a wrong turning.” – From the Foreword by the Hon. Justice Teare, the Admiralty Judge and Judge in charge of the Commercial Court, London

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