Category: Admiralty Law

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Liability for Marine Pollution

Liability For Marine Pollution  1. 1992 Civil Liability Convention The 1992 CLC and the 1992 Fund Convention apply to oil pollution damage caused in the territory, including the territorial sea, of a contracting state, and to damage caused within 200 miles from the coast. It also covers the costs of preventive measures ‘wherever taken’, i.e....


Towage Contracts

Towage contracts 1. The contract and basic terms Various standard forms of towage contracts are available. However, the arrangements under these forms are not restrictive and parties can agree on any terms they wish subject to restrictions imposed by statute, for example, by the Unfair Contract Terms Act 1977. However, towage is excluded from this...


The Concept of Salvage

The concept of salvage 1. 1989 Salvage Convention The 1989 Salvage Convention has the force of law under s.224 of the Merchant Shipping Act 1995 (MSA 1995). It is the starting reference point for the current English law of salvage. Consequently, earlier pre- existing salvage case-law needs to be assessed under the 1989 Salvage Convention....


Criminal Liability for Navigational Incidents

Criminal liability for navigational incidents 1. Breach of the COLREGS A failure to comply with the COLREGS can, irrespective of whether a collision is actually caused, be an offence under the general criminal law or specific statutory provisions. The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (SI 1996/75), enacting the COLREGS in...


Shipbuilding Contracts

Shipbuilding contracts 1. The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not misrepresent their position in order to induce the contract. There are statutory remedies for misrepresentation (s.2 of the Misrepresentation Act 1967).  To have a binding contract there must be an...