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Admiralty Jurisdiction 5th Ed (2020)
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Admiralty Jurisdiction 5th Ed (2020)

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Overview
ISBN 9781760022389. Published June 2020.
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. “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 CONTENTS 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
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