Admiralty Actions

Dr Wiswall examines the development of jurisdiction and practice in the field of Admiralty Law in England, with American comparisons, during the nineteenth and twentieth centuries; the work is largely organized around the Court of Admiralty from 1798 onwards. The judgeships of Lord Stowell, Dr Lushington, Sir Robert Phillimore and Sir Francis Jeune, in England, are considered in some detail, and also those of Mr Justice Story, Judge Ashur Ware and Judge Addison Brown in the United States. One chapter is devoted to an examination of the dissolution of Doctors' Commons (the unique body of English civil lawyers). Development through case law, statutes and rules is the technical side of this study - an exposition not so much of the development of legal principles themselves as of their application. 'The last chapter turns to a study of the evolution of the substantive law regarding personal liability in Admiralty actions in rem, illustrating the divergence between the English and American law, and the effect upon and repercussions in international maritime law.

Lucidly explaining the legal principles of Admiralty Law in a modern context, this new edition has been fully revised and updated to include recent case law and legislation, including extensive treatment of developments within the EC. Examining the law within a commercial perspective with suggestions for how legal risks should be managed, this is the ideal text for postgraduates studying admiralty or shipping law as well as professionals within the shipping industry. The intricate rules of the Brussels/Lugano Conventions are explained alongside conflict of jurisdictions, and the application of the forum non-conveniens, doctrine and forum shopping. Breach of jurisdiction agreements and remedies are also discussed and the vexed issues of anti-suit injunctions are dealt with comprehensively. Modern Admiralty Law analyses the corporate structures of ship owning companies and the circumstances in which the corporate veil may be pierced; suggestions for legitimate corporate structures for the purpose of risk management are also put forward. The consequences of non-compliance with the ISM Code are considered (such as potential criminal liability, the effect of non-compliance upon insurance contracts and limitation of liability), alongside an update of further measures being taken by the EC and the IMO on safety of ships and cleaner seas. An ideal reference tool, the new edition of this popular and comprehensive text includes summaries of the principles and case law and encourages further investigation. The practical and commercial orientation of this book will be of great benefit to readers studying the subject as an academic discipline as well as those who work in the area. From admiralty jurisdiction to limitation of liability, all aspects of admiralty law are thoroughly investigated, with recent developments providing new insights for this modern approach to admiralty law. This new edition is essential reading for postgraduates, practitioners, ship owners and managers, and a wide range of professionals within the shipping industry.

This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and