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Lowndes & Rudolf: The Law of General Average and the York-Antwerp Rules 15th ed

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Edited by: Richard Cornah

ISBN13: 9780414057043
Previous Edition ISBN: 9780414028463
To be Published: September 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £335.00



Now in its 15th edition, Lowndes & Rudolf sets out, analyses and comments on the York-Antwerp rules, which govern the principle of general average in maritime law.

New to edition:

  • Covers the Supreme Court’s Decision in The Longchamp, a case concerning Rule F (substituted expenses) and its application in the context of the negotiation of a ransom paid to Somali pirates; this was undoubtedly the most significant decision in the law of general average since The Bijela (House of Lords, 1994).
  • Discusses how The Cape Bonny provided useful additional guidance on the burden of proof and immobilisation of a ship in relation to peril.
  • Re-visits Anglo-Argentine v Temperley in relation to loss of market and Rule C
  • References The Clipper Sao Luis in relation to the new wording in Rule G concerning recoveries
  • Extensively revises Section 5 with regard to the law governing the adjustment
Key Features:

  • The book is the definitive practitioner text on the principle of General Average, and the York-Antwerp Rules that govern it.
  • It defines General Average and explores the historical context and development of it as a legal principle.
  • It sets out key principles of the Law of Carriage by Sea.
  • The main section of the book offers a rule-by-rule commentary on the York-Antwerp Rules covering the historical background, development, practice and construction of each rule, from the Rule of interpretation and the Definition to the Treatment of cash deposits and Contributory values.
  • Advises on how rights of contribution are assessed and enforced.
  • Covers issues around the currency of the adjustment, including rates of exchange and the problem of set-off.
  • Describes the legal landscape around General Average Insurance and Recoveries, including what happens in the case of losses in excess of the insured value.
  • The appendices gather key documents, including the relevant international treaties, but also the Lloyds Average Bond, the BIMCO Average Bond Clause, the Lloyds Standard Form of Salvage Agreement and several Salvage Guarantee Forms.
  • Provides the reader with a comprehensive explanation of the principles underpinning these concepts.

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Subjects:
Shipping, Transport and Maritime Law
Contents:
SECTION 1 HISTORICAL INTRODUCTION
SECTION 2 SOME PRINCIPLES OF THE LAW OF CARRIAGE BY SEA
SECTION 3 THE HISTORY AND DEVELOPMENT OF THE YORK-
ANTWERP RULES
SECTION 4 THE YORK-ANTWERP RULES 1994, 2004 AND
2016
RULE OF INTERPRETATION
RULE PARAMOUNT
RULE A DEFINITION OF GENERAL AVERAGE
RULE B TUG AND TOW
RULE C CAUSATION, CONSEQUENCES AND DAMAGE TO THE ENVIRONMENT
RULE D THE EFFECT OF FAULT
RULE E ONUS OF PROOF
RULE F SUBSTITUTED EXPENSES
RULE G VALUATION OF LOSSES AND CONTRIBUTORY VALUES; NON-
SEPARATION AGREEMENT
RULE I JETTISON OF CARGO
RULE II LOSS OR DAMAGE BY SACRIFICES FOR THE COMMON SAFETY
RULE III EXTINGUISHING FIRE ON SHIPBOARD
RULE IV CUTTING AWAY WRECK
RULE V VOLUNTARY STRANDING
RULE VI SALVAGE REMUNERATION
RULE VII DAMAGE TO MACHINERY AND BOILERS
RULE VIII EXPENSES LIGHTENING A SHIP WHEN ASHORE AND
CONSEQUENT DAMAGE
RULE IX CARGO, SHIP’S MATERIALS AND STORES USED FOR FUEL
RULE X EXPENSES AT PORT OF REFUGE, ETC.
RULE XI WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES
PUTTING IN TO AND AT A PORT OF REFUGE
RULE XII DAMAGE TO CARGO IN DISCHARGING, ETC.
RULE XIII DEDUCTIONS FROM COST OF REPAIRS
RULE XIV TEMPORARY REPAIRS
RULE XV LOSS OF FREIGHT
RULE XVI AMOUNT TO BE ALLOWED FOR CARGO LOST OR DAMAGED BY SACRIFICE
RULE XVII CONTRIBUTORY VALUES
RULE XVIII DAMAGE TO SHIP
RULE XIX UNDECLARED OR WRONGFULLY DECLARED CARGO
RULE XX PROVISION OF FUNDS
RULE XXI INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE
RULE XXII TREATMENT OF CASH DEPOSITS
RULE XXIII TIME-BAR FOR CONTRIBUTIONS TO GENERAL AVERAGE
SECTION 5 ASSESSING AND ENFORCING RIGHTS OF CONTRIBUTION
SECTION 6 THE CURRENCY OF THE ADJUSTMENT
SECTION 7 GENERAL AVERAGE, INSURANCE AND RECOVERIES
APPENDIX 1
THE ROMAN CIVIL LAW
APPENDIX 2A
GLASGOW RESOLUTIONS (1860), YORK RULES (1864) AND YORK-ANTWERP RULES (1877)
APPENDIX 2B
YORK-ANTWERP RULES OF 1890, 1924, 1950, 1974 (AND AS AMENDED 1990)
APPENDIX 2C
YORK-ANTWERP RULES (1994), (2004) AND (2016)
APPENDIX 3
RULES OF PRACTICE
Adopted by the Association of Average Adjusters up to 2007
APPENDIX 4
DOCUMENTS .
APPENDIX 5
CMI GUIDELINES RELATING TO GENERAL AVERAGE

Series: British Shipping Laws

Admiralty Claims ISBN 9781847037206
To be published October 2019
Sweet & Maxwell Ltd
£265.00
Temperley on Merchant Shipping Legislation 8th Ed ISBN 9781847039170
To be published October 2019
Sweet & Maxwell Ltd
£295.00
Brice on Maritime Law of Salvage 6th ed ISBN 9780414051072
To be published October 2019
Sweet & Maxwell Ltd
£395.00
Admiralty and Merchant Shipping Court Forms 3rd ed ISBN 9781847037985
To be published October 2019
Sweet & Maxwell Ltd
£255.00
Goods in Transit 4th ed ISBN 9780414062108
Published March 2018
Sweet & Maxwell Ltd
£350.00
Kennedy & Rose: Law of Salvage 9th ed ISBN 9780414061064
Published April 2017
Sweet & Maxwell Ltd
£324.00
Carver on Bills of Lading 4th ed ISBN 9780414057425
Published March 2017
Sweet & Maxwell Ltd
£343.20
Carver on Bills of Lading 4th ed (Book & eBook Pack) ISBN 9780414064508
Published March 2017
Sweet & Maxwell Ltd
£558.00 + £55.80 VAT
(ProView)
Buy
Carver on Bills of Lading 4th ed (eBook) ISBN 9780414064492
Published March 2017
Sweet & Maxwell Ltd
£429.00 + £85.80 VAT
(ProView)
Buy
Sassoon: CIF and FOB Contracts 6th ed ISBN 9780414058446
Published December 2016
Sweet & Maxwell Ltd
£319.00
Marsden and Gault on Collisions at Sea 14th ed ISBN 9780414045750
Published April 2016
Sweet & Maxwell Ltd
£379.00
Lowndes & Rudolf: The Law of General Average and the York-Antwerp Rules 14th ed ISBN 9780414028463
Published December 2013
Sweet & Maxwell Ltd
£429.00
The Law of Demurrage 5th ed ISBN 9781847031365
Published October 2013
Sweet & Maxwell Ltd
£295.00
Kennedy & Rose: Law of Salvage 8th ed ISBN 9780414026698
Published March 2013
Sweet & Maxwell Ltd
Out of print
Brice on Maritime Law of Salvage 5th ed ISBN 9780414045798
Published January 2012
Sweet & Maxwell Ltd
£555.00
Lowndes & Rudolf: The Law of General Average and the York-Antwerp Rules 13th ed ISBN 9781847030337
Published May 2008
Sweet & Maxwell Ltd
Out of print
Brice on Maritime Law of Salvage 4th ed ISBN 9780421827707
Published April 2003
Sweet & Maxwell Ltd
£150.00
(Second Hand)
£715.00
Singh: International Maritime Law Conventions 3rd ed ISBN 9780420466006
Published June 1983
Stevens & Sons Ltd
Out of print
£50.00
(Second Hand)
Carver: Carriage by Sea 13th ed: Volumes 1 & 2 ISBN 9780420451101
Published June 1982
Stevens & Sons Ltd
Out of print
Thomas: Maritime Liens ISBN 9780420460509
Published June 1980
Stevens & Sons Ltd
Out of print
Temperley: The Merchant Shipping Acts 7th ed ISBN 9780420434500
Published June 1976
Stevens & Sons Ltd
Out of print
Out of print
Shipowners
Published May 1967
Stevens & Sons Ltd
£95.00
(Second Hand)
Out of print
Ship Arrest ISBN 9780421964204

Sweet & Maxwell Ltd
Publication Abandoned
Maritime Liens 2nd ed ISBN 9780421956506

Sweet & Maxwell Ltd
Publication Abandoned