The Law and Practice of Admiralty Matters (2nd edition)

ISBN : 9780198729556

Sarah Derrington; James M. Turner
448 Pages
171 x 246 mm
Pub date
Mar 2016
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By their very nature, ships do not stay put. They are also uniquely vulnerable to arrest. The good sense of a work which covers the law of arrest in multiple significant maritime jurisdictions is not hard to see. Derrington & Turner should be at the elbow of lawyers, insurers, ship owners, and maritime claimants across the globe. In addition to its practical value, the scholarly and uniquely comparative approach taken by this book advances the understanding of the law practised in the Admiralty jurisdictions, particularly in an era when the sheer volume of decisions produced by the future Lord Brandon are a distant and fast-receding memory. As with the first edition of this well-regarded work, difficult and unsettled points of law are analysed alongside considered illustrations drawn from the case law of England, Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa. The book has been fully revised and updated with significant developments in both the substantive admiralty law and procedural rules of major jurisdictions, including changes to the conventions which affect limitation of liability on a ship owner and to the rules on stay for arbitration, the jurisprudence of arrest procedures and cross-border insolvencies, and judicial and academic evaluations of the true nature of a maritime lien. Interactions with the recast Brussels jurisdiction regulation are also discussed in this second edition.


1 Introduction
2 The Nature and Scope of the Modern Admiralty Action
3 Proprietary Maritime Claims
4 Maritime Liens (and other charges)
5 General Maritime Claims
6 Admiralty Procedure and the Arrest Process
7 Post-arrest Procedure
8 Distribution of the Fund
9 Procedure in Collision Cases
10 Limitation of Liability for Maritime Claims
11 Arbitration Issues

Appendix 1: Admiralty Court Act, 1840
Appendix 2: Admiralty Court Act, 1861
Appendix 3: Supreme Court of Judicature (Consolidation) Act, 1925
Appendix 4: Administration of Justice Act, 1956
Appendix 5: Senior Courts Act, 1981 (UK)
Appendix 6: Admiralty Act, 1988 (Australia)
Appendix 7: Federal Courts Act, 1985 (Canada)
Appendix 8: High Court Ordinance Chapter 4 (Hong Kong)
Appendix 9: Admiralty Act, 1973 (New Zealand)
Appendix 10: High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed) (Singapore)
Appendix 11: Admiralty Jurisdiction Regulation Act 105 of 1983 (South Africa)
Appendix 12: Admiralty Court Forms
Appendix 13: The Arrest Conventions of 1952 and 1999

About the author: 

Sarah Derrington is Head of School and Dean of Law at the TC Beirne School of Law, University of Queensland. She is also a barrister at Quadrant Chambers, Brisbane, specialising in maritime and shipping law.; James Turner QC is a Barrister at Quadrant Chambers. He took silk in 2013 and is a specialist shipping and commercial advocate with over 20 years' experience.

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