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

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

Author: Richard Cornah; John Reeder, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414057043
Published In: September 2018
Format: Hardback , 866 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 4,416.00

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Description
Contents

Details
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.
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