By D. C. Jackson
Since the last edition of Enforcement of Maritime Claims published in 2000, there have been a number of legislative and case law developments. This new edition addresses these developments and discusses the factors that affect the enforceability of a claim, including jurisdiction, how to enforce a claim, security remedies and the relevance of foreign law, including the critical impact of membership of the European Union.
Legislative changes including:-
- § The effects of the replacement of R.S.C. Order 75 by CPR Part 61 in March 2002
- § The replacement of the amended Brussels Convention on Jurisdiction and Judgments by Council Regulation 44/2001
- § The enforcement of Council Regulation 1348/2000 concerning service of documents
Developments in case law:-
- § Gasser v Misat (December 2003) - the disagreement of the European Court with the English courts as to the relationship between Arts 17 and 21
- § Turner v Grovit (AG Opinion November 2003) - the imminent decision of the Court as to the English practice of anti suit injunctions
- § Owusu V Jackson (June 2002) - refers to issues involving form conviens and conflicts between Regulation 44/2001 and other Conventions.
Introduction: Maritime claims and their consequences.
Part 1. Jurisdiction and modes of enforceability.
- 1. Sources of admiralty Jurisdiction
- 2. The Nature of Maritime Claims
Part 2. Jurisdiction of English courts and arbitral tribunals
- 3. Jurisdiction Bases for Enforcement of Maritime Claims
- 4. The Jurisdiction and Judgment Regulation and Convention - Boundaries and Structure
- 5. Forum Law or Community Regime?
- 6. Regulation 44/2001 and The Brussels Convention - Jurisdiction Allocation in Initial Proceedings
- 7. Jurisdiction as Between England, Scotland and Northern Ireland
- 8. The Lugano Convention - Divergences from Regulation 44/2001 or The Brussels Convention
•9. Enforcement of Maritime Claims by an Action "In Personam"
- 10. Enforcement of Maritime Claims by Action "In Rem"
- 11. Delay in Suit
- 12. Restrictions on Jurisdiction
- 13. Arbitration
Part 3. Interim relief
- 14. Nature and Basis of Interim Relief
- 15. Arrest and Alternative Security
- 16. The "Freezing" Injunction
Part 4. Security on the merits - the lien concept
- 17. Nature and Development of Liens
- 18. Maritime Liens
- 19. Statutory Liens in Admiralty
- 20. Possessory Liens
- 21. Equitable Liens
- 22. Creating a Lien by Contract
- 23. Priorities
Part 5. Remedies
- 24. Limitation of Liability
- 25. Remedies Determinative of Substantive Issues
Part 6. Foreign law
- 26. Application of Foreign Law
- 27. Enforcement of Foreign Judgments and Arbitral Awards Outside The European Regimes
- 28. Judgments and Settlements within A European Judgments Regime