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PART Ⅰ DRY SHIPPING1

1 THE COMMERCIAL BACKGROUND3

INTERNATIONAL SALES OF GOODS3

Payment against documents3

Transfer of risk on loading4

THE FOUR FUNCTIONS OF THE BILL OF LADING5

Receipt5

Document transferring constructive possession6

Document of title7

A potentially transferable carriage contract8

CONTRACTS OF CARRIAGE8

The bill of lading8

The voyage charterparry9

Contracts for the use of the vessel-time charters10

MODIFICATIONS TO THE TRADITIONAL CARRIAGE CONTRACT MODEL10

Use of documents other than the bill of lading11

Implied contracts12

Expansion of the contractual service from pure sea carriage13

Containerisation14

THE CARGO CLAIM ENQUIRY15

Does the claimant have title to sue the defendant?15

If the claimant does have title to sue,can it bring an action against the defendant in the English courts?16

Has the loss or damage occurred during the period for which the carrier was responsible for the goods?17

If loss is established during the relevant period,what is the defendant's responsibility for it?17

If the defendant is responsible for the loss,how will damages be assessed?17

2 TITLE TO SUE18

EXPRESS CONTRACTS ON LOADING18

The voyage charterparty19

The bill of lading21

Sea waybills23

Straight bills24

Electronic documentation25

IMPLIED CONTRACTS ON LOADING27

Shipowner's bill or charterer's bill?30

Identity of carrier clauses32

Shipowner's position when a charterer's bill is issued34

THIRD-PARTY RIGHTS UNDER THE INITIAL CARRIAGE CONTRACT AT COMMON LAW AND IN EQUITY35

Agency36

The Contracts(Rights of Third Parties)Act 199937

Trust38

Suit by the shipper38

Assignment39

Implied contract39

STATUTORY TRANSFER-THE BILLS OF LADING ACT 1855 AND THE CARRIAGE OF GOODS BY SEA ACT 199240

The 'old' regime-the Bills of Lading Act 185540

The 'new' regime-the Carriage of Goods by Sea Act 199241

Claimants outside the Carriage of Goods by Sea Act 199249

NON-CONTRACTUAL ACTIONS50

Bailment50

Negligence54

Other torts63

3 PROVING LOSS OR DAMAGE IN TRANSIT66

THE EVIDENTIAL HIERARCHY OF BILL OF LADING STATEMENTS68

BILL OF LADING STATEMENTS AND CONTRACTUAL ACTIONS AGAINST THE CARRIER69

The common law position69

Statutory modifications under the Hague and Hague-Visby Rules73

TORT ACTIONS AGAINST THE CARRIER77

Vicarious liability and Grant v Norway78

ACTIONS AGAINST THE PERSON WHO ACTUALLY SIGNED THE BILL OF LADING79

4 THE TERMS OF THE BILL OF LADING CONTRACT81

COMMON LAW LIABILITY OF SEA CARRIERS81

Exceptions clauses and implied obligations82

EXPRESS TERMS84

The effect of general incorporation clauses84

Construing a charter clause in a bill of lading context85

Construing exceptions clauses86

IMPLIED TERMS88

Seaworthiness88

The obligation to take reasonable care of the cargo97

The obligation to proceed on the contract voyage without deviating98

5 STATUTORY TERMS OF THE BILL OF LADING CONTRACT103

THE HAGUE AND HAGUE-VISBY RULES103

THE AMBIT OF THE RULES103

Mandatory application104

Voluntary incorporation111

Contracting out112

Third-party reliance on the Rules118

THE CONTENT OF THE RULES119

The carrier's duties under Art Ⅲ119

The carrier's defences under Art Ⅳ124

The one-year time limit-Art Ⅲ(6)and(6)bis130

The package limitation134

Containers135

Loss of the right to limit139

Shipper's liability under the Rules140

6 THE FUTURE? THE HAMBURG RULES AND THE ROTTERDAM RULES143

THE HAMBURG RULES143

Ambit of operation144

Who is liable?144

Period of responsibility145

Basis of liability146

Deck cargo147

Package limitation147

Time bar148

Bar on contracting out148

Jurisdiction148

Evidential status of shipping documents149

THE ROTTERDAM RULES150

Chapter One-general provisions151

Chapter Two-scope of application154

Chapter Three-electronic communication155

Chapter Four-obligations of the carrier155

Chapter Five-liability of the carrier for loss,damage,or delay156

Chapter Seven-obligations of the shipper161

Chapter Eight-transport documents and electronic transport records163

Chapter Nine-delivery of the goods167

Chapter Ten-rights of the controlling party169

Chapter Eleven-transfer of rights171

Chapter Twelve-limits of liability173

Chapter Thirteen-time for suit173

Chapter Fourteen-jurisdiction174

Chapter Fifteen-arbitration175

Chapter Sixteen-validity of contractual terms176

Chapter Seventeen-matters not covered by this Convention177

Chapter Eighteen-final clauses178

7 COMBINED TRANSPORT179

UNIMODAL SEA CARRIAGE179

'Received for shipment' bills of lading179

Trans-shipment-'through' bills of lading180

'COMBPNED' OR 'MULTIMODAL' TRANSPORT181

Document of title?181

Competing conventions183

'Network' and 'uniform' solutions183

The 1980 Multimodal Convention184

8 CARRIAGE BY ROAD-CMR186

MANDATORY APPLICATION OF THE CMR186

THE IDENTITY OF THE CONTRACTING PARTIES188

The sender188

The consignee188

The carrier188

Successive carriers189

THE CONTRACT DOCUMENTS190

Information to be included in the consignment note190

Carrier's duty to check particulars in consignment note191

Contractual status of consignment note191

Non-compliance with Arts 6-9191

TERMS OF THE CONTRACT192

Contracting out192

The primary defences194

The secondary defences195

MEASURE OF DAMAGES197

Package limitation197

JURISDICTION AND TIME LIMITS198

9 CHARTERPARTIES200

INTRODUCTION200

THE TYPES OF CHARTER200

Voyage charters200

Time charters201

Hybrids-the 'trip charter'202

The interest conferred by a charterparty202

Matters common to both types of charter202

CHARTERERS' ORDERS203

Employment,as opposed to navigational,matters204

Causation205

Relationship with other charter provisions205

The bill of lading206

Type of cargo to be loaded215

Permitted ports215

SHIPOWNERS' OBLIGATIONS IN GETTING TO THE LOAD PORT221

Reasonable dispatch221

Statements as to vessel's position and expected readiness221

The cancellation clause223

10 VOYAGE CHARTERPARTIES-PAYMENT OF FREIGHT225

WHAT IS FREIGHT?225

Set-off225

WHEN AND WHERE IS IT PAYABLE?226

SPECIAL CLAUSES227

The 'deemed earned' clause228

The 'near' clause228

BY WHOM IS IT PAYABLE?229

REMEDIES FOR NON-PAYMENT232

The nature of a lien232

Exercising a lien233

11 VOYAGE CHARTERS-LAYTIME AND DEMURRAGE236

CALCULATING THE AVAILABLE LAYTIME237

WHEN IS CHARTERER'S DUTY TO LOAD OR DISCHARGE TRIGGERED?238

Giving notice of readiness239

The termination point of the approach and carrying voyages241

'Wibon' and 'time lost' clauses244

Reachable on arrival244

SUSPENDING LAYTIME-LAYTIME EXCEPTIONS246

Construing exceptions clauses246

Port charter exceptions while waiting for berth248

Fault of the shipowner248

THE SHIPOWNER'S REMEDIES FOR DELAYS IN LOADING AND DISCHARGE-DEMURRAGE249

Laytime exceptions and demurrage251

Demurrage and other breaches of charter252

12 TIME CHARTERS254

THE SHIPOWNER'S RIGHT OF WHHDRAWAL254

Late payment255

Underpayment-charterers' rights to make an 'equitable' set-off256

LOSS OF TIME UNDER A TIME CHARTER-'OFF-HIRE'258

Inefficiency of the vessel258

Off-hire events259

Time deductible following an off-hire event260

Other remedies for delay262

REDELIVERY263

13 DAMAGES AND FRUSTRATION265

DAMAGES265

Tort and contract compared265

Contractual measure of damages266

Applying the contractual rules on remoteness to cargo claims266

Charterparty claims and damages270

FRUSTRATION272

What amounts to frustration?272

The effect of breach274

The consequences of frustration274

PART Ⅱ WET SHIPPING277

14 COLLISIONS279

VICARIOUS LIABILITY279

Tugs and tows280

Pilots281

STANDARD OF CARE281

CAUSATION284

APPORTIONMENT OF LIABILITY285

DAMAGES287

STATUTORY LIABILITY289

TIME BAR290

JURISDICTION290

15 SALVAGE292

THE SOURCES OF SALVAGE LAW292

WHAT PROPERTY CAN BE SALVED?294

Maritime property294

The requirement of danger296

WHAT ARE THE GEOGRAPHICAL LIMITS OF SALVAGE?298

WHO CAN BE A SALVOR?298

Contractual duties299

Public duties300

Self-interest301

WHAT SERVICES QUALIFY FOR SALVAGE?302

The general rule of 'no cure,no pay'302

Oil pollution304

The SCOPIC clause307

WHAT PRINCIPLES GOVERN THE RELATIONSHIP BETWEEN SALVOR AND SALVEE?308

The parties bound by the signing of a salvage agreement309

Setting aside a salvage agreement310

The effect of negligence311

Termination of the salvage services313

Post-termination services315

HOW IS ANY SALVAGE AWARD CALCULATED?315

Salved values315

Fixing the award319

Apportioning the award between salvors320

WHAT REMEDIES ARE AVAILABLE TO SALVORS?321

Security for the claim321

Time bar322

HOW DO SALVAGE PRINCIPLES APPLY TO WRECK?322

Statutory powers of wreck removal323

THE 2007 NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS323

16 GENERAL AVERAGE325

EXTRAORDINARY SACRIFICES AND EXPENSES326

Sacrifices326

Expenses328

VOLUNTARINESS332

TIME OF PERIL332

COMMON SAFETY333

FAULT333

VALUING LOSSES AND ASSESSING CONTRIBUTORY VALUES334

Sacrifices334

Expenditure335

Contributory values335

RIGHTS AND REMEDIES OF THE INTERESTS INTER SE336

THE YORK ANTWERP RULES 2004337

17 MARINE POLLUTION339

THE CLC339

Strict liability340

Geographical ambit342

Defences342

'Channelling' of liability343

Limitation of liability343

Compulsory insurance344

Time limits345

Jurisdiction345

THE FUND345

The Fund's liability346

Defences available to the Fund346

Limitation347

Time limits347

Subrogation347

Jurisdiction348

NON-TANKER OIL SPILLS348

The 2001 Bunker Oil Pollution Convention348

HAZARDOUS AND NOXIOUS SUBSTANCES(HNS)POLLUTION349

Liability350

Geographical ambit350

Shipowners' defences351

Limitation351

Compulsory liability insurance352

Jurisdiction352

Time bars352

The HNS Fund353

The Protocol to the HNS Fund353

PART Ⅲ JURISDICTION,CHOICE OF LAW,SECURITY AND LIMITATION355

18 JURISDICTION AND APPLICABLE LAW357

JURISDICTION OF THE ENGLISH HIGH COURT357

Jurisdiction under the Judgments Regulation(EC 44/2001)358

Domestic sources of jurisdiction369

SUBSEQUENT CHALLENGE TO JURISDICTION BY THE DEFENDANT385

Articles 27 and 28 of the Judgments Regulation-lis alibi pendens386

Stays and arbitration proceedings398

Section 34 of the Civil Jurisdiction and Judgments Act 1982398

APPLICABLE LAW399

Contract399

Tort404

19 SECURITY AND INTERIM RELIEF407

ARREST407

Priorities409

Effect of a stay on provision of security410

THE FREEZING ORDER412

The elements of a domestic freezing order413

'Worldwide' freezing orders416

OTHER INTERIM RELIEF418

Security for the defendant's costs418

Inspection of property418

Anti-suit injunctions419

20 LIMITATION OF LIABILITY422

WHO CAN LIMIT?422

WHICH CLAIMS ARE SUBJECT TO LIMITATION?423

WHICH CLAIMS ARE NOT SUBJECT TO LIMITATION?424

HOW CAN THE RIGHT TO LIMIT BE LOST?425

HOW IS THE LIMITATION FIGURE CALCULATED?426

Fund A-claims arising out of death and personal injury426

Fund B-all other claims427

The 1996 Protocols427

Fund A-claims arising out of death and personal injury428

Fund B-all other claims428

JURISDICTION428

OTHER LIMITATION REGIMES430

Index431