Admiralty Jurisdiction and Practice by Nigel Meeson

By Nigel Meeson

Admiralty Jurisdiction and perform is the definitive paintings on litigation within the Admiralty courtroom, offering extensive research and rationalization of jurisdiction, perform and process, varieties and precedents. It bargains with numerous matters, now not lined somewhere else, together with the effect of insolvency, the interaction among the jurisdiction and perform, the sequence of principles on jurisdiction laid down via foreign conventions , predicament sessions and collision motion ideas. The fourth variation has been up to date comprehensively to incorporate new case legislation and adjustments in advertisement courtroom perform and strategy. Admiralty Jurisdiction and perform is a useful reference resource for an individual excited about admiralty legislations.

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My aim has been to produce a book that is informative, comprehensive and above all of practical use. I have therefore sought to concentrate upon matters which do or are likely to arise in practice today, and to avoid examination of the archaic or the arcane. I have also tried to adopt an economical style to avoid points being lost in waffle. This may not suit all tastes. It is hoped that through subsequent editions and, if necessary, by interim supplements, it will be possible to maintain this title up to date so that it may continue to be of practical value.

Set-off and counterclaims Extension of time granted Extension of time refused Section 190 and claims made in a limitation action Salvage claims Three-year period Claims under the Civil Liability Convention 1992 When does the claim arise? Claims against the International Oil Pollution Compensation Fund When does the claim arise? Laches The doctrine of laches Laches in the Admiralty Court What amounts to laches? Foreign Limitation Periods Act 1984 Application of foreign limitation period Public policy exception “Public policy” “Undue hardship” CHAPTER 6—PRIORITIES Introduction Statutory power of detention and sale Examples of statutory powers Section 44 of the Harbours Docks and Piers Clauses Act 1847 Section 74 of the Harbours Docks and Piers Clauses Act 1847 Effect of sale under statutory powers Statutory right superior to power of Admiralty Marshal Priority lost if statutory rights not exercised Effect of court sale upon statutory rights Common law possessory liens Shiprepairer's possessory lien Possessory lien requires possession Possessory lien holder must surrender ship to the Admiralty Marshal Possessory lien subject only to existing maritime liens Solicitor's lien Distribution of the fund in court Admiralty Marshal's expenses Costs of the producer of the fund The priority of competing claims Priorities and private international law The prima facie order of priorities The claims of holders of maritime liens rank first The claims of mortgagees rank next Statutory rights of action in rem rank last The ranking of mortgagees inter se Mortgages of British registered ships Mortgages of unregistered British ships Mortgages of foreign ships The ranking of statutory liens inter se The ranking of maritime liens inter se Maritime liens in the same category Maritime liens of different categories Departure from the prima facie order of priorities Personal liability of one claimant to another Delay in asserting priority or unconscionable conduct Claims for costs Power to reopen order for priority CHAPTER 7—COLLISION CLAIMS Collision claims must be commenced in the Admiralty Court Restrictions on collision claims in personam Collision claims in rem may be stayed pending security Civil Jurisdiction and Judgments Act 1982 and collision claims Article 28 of the Brussels I Regulation and collision claims Where the Brussels I Regulation permits recourse to domestic jurisdiction rules collision claims may be stayed in England on forum non conveniens grounds Two-stage test for a stay “A natural forum” stay granted “A natural forum” stay refused No “natural forum” stay refused Limitation of liability and the forum for collision claims Procedure in collision claims Filing collision statements of case Claims not requiring collision statements of case Notice of filing of collision statements of case The collision statement of case is in lieu of an ordinary statement of case Counterclaims and cross-claims Counterclaims Cross-claim in rem The contents of the collision statement of case Part One Part Two Difficulties in completing the collision statement of case The function and effect of a collision statement of case Costs of collision statements of case No interrogatories as to contents of collision statement of case Failure to file a collision statement of case Further proceedings in collision claims Nautical assessors Function of nautical assessors The status of the advice received from nautical assessors Procedure for appointment The exclusionary effect of the appointment of nautical assessors The role of nautical assessors at trial in the English Admiralty Court The new procedure Does the new procedure comply with Article 6 of the European Convention on Human Rights?

112 Arraiz (No. 47 Artemesia, The. D. 84 Arzpeita, The (1921) 15 Asp. 4 Assyrian, The (1890) 6 Asp. 124 Athens Sky CompaniaNaviera SA v Port Services Corp Ltd (The Tribels) [1985] 1 Lloyd's Rep 128 .... 60 Atlantic Computer Systems plc (No. 1). Re [1992] Ch. 109 Atlantic Star, The. 18 Atlantic Trader, The. 128 Atlas, The (1827 ) 2 Hagg. 144 Atle Marine v Owners of the Skylark (The Skylark) [1965] P 474; [1965] 2 Lloyd's Rep 250 ... 136 Australia, The (1859) 13 Moo. 32 Australia, The.

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