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Enforcement of Maritime Claims 4ed (2005)  $851.00 

 

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.

Contents:

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

Appendices; Index

Publisher:  Informa
ISBN/ISSN:  1843114240
Binding:  Hardback
Pages:  967

All prices are in SingDollars. Prices are subject to change without prior notice. Overseas' orders, please email, fax or call us for packing & postage charges unless otherwise stated.
This product was added to our catalog on Saturday 07 May, 2016.
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