English Maritime Law Update: 2007
Clyde & Co LLP
October 14, 2008
Journal of Maritime Law and Commerce, Vol. 39, No. 3, 2008
This survey of recent developments summarizes the joint report of the Law Commission and the Scottish Law Commission on problems in the Marine Insurance Act of 1906, especially those relating to warranties, misrepresentation, and non-disclosure, and describes new legislation proposed by the Commissions. It also takes note of recent decisions of the High Court and Court of Appeal in cases presenting issues of demurrage, the safe-port warranty in a voyage charter party, dead freight, ship owner liability for mis-delivery, and recoverable damages, appeal from arbitration; and injunctions (anti-suit and freezing).
Keywords: marine insurance, Law Commission, demurrage, safe port, charter party, dead freight, carrier liability, mis-delivery, arbitration, anti-suit, freezing injunction
JEL Classification: K12, K23, K41, L92Accepted Paper Series
Date posted: October 20, 2008
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