LLOYDS SHIPPING LAW LIBRARY
The Ratification of Maritime Conventions
edited by The Institute of Maritime Law
University of Southampton
(1990) (looseleaf)
EC Shipping Law
second edition
by Vincent Power
(1998)
Limitation of Liability for Maritime Claims
third edition
by Patrick Griggs and Richard Williams
(1998)
Shipping and the Environment Law and Practice
by Colin de la Rue and Charles B. Anderson
(1998)
P. & I. Clubs: Law and Practice
third edition
by Steven J. Hazelwood
(2000)
Enforcement of Maritime Claims
third edition
by D. C. Jackson
(2000)
Berlingieri on Arrest of Ships
third edition
by Francesco Berlingieri
(2000)
The Law of Ship Mortgages
by Graeme Bowtle and Kevin McGuinness
(2001)
Voyage Charters
second edition
by Julian Cooke,
Timothy Young, Q.C., Andrew Taylor, John D. Kimball, David Martowski and LeRoy Lambert
(2001)
Ship Registration: Law and Practice
by Richard M. F. Coles
with Nigel P. Ready
(2002)
London Maritime Arbitration
second edition
by Clare Ambrose and Karen Maxwell
(2002)
The Law of Shipbuilding Contracts
third edition
by Simon Curtis
(2002)
The Law of Tug and Tow
second edition
by Simon Rainey
(2002)
Ship Sale & Purchase
fourth edition
by Iain Goldrein, Q.C., and Paul Turner
(2003)
Time Charters
fifth edition
by Michael Wilford, Terence Coghlin and John D. Kimball
(2003)
Admiralty Jurisdiction and Practice
third edition
by Nigel Meeson
(2003)
Merchant Shipping Legislation
second edition
by Aengus R. M. Fogarty
(2004)
Laytime and Demurrage
fifth edition
by John Schofield
(2005)
Marine War Risks
third edition
by Michael D. Miller
(2005)
Bareboat Charters
second edition
by Mark Davis
(2005)
Limitation of Liability for Maritime Claims
third edition
by Patrick Griggs, Richard Williams and Jeremy Farr
(2005)
Enforcement of Maritime Claims
Fourth Edition
By
D. C. Jackson
Emeritus Professor of Law, L.L.D., M.A., B.C.L.
University of Southamption
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D. C. Jackson, 2005
First edition 1985
Second edition 1996
Third edition 2000
Fourth edition 2005
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN 1843114240
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of T&F Informa UK Ltd.
Whilst every effort has been made to ensure that the information contained in this book is correct, neither the editors and contributors nor T&F Informa UK Ltd can accept any responsibility for any errors or omissions or for any consequences resulting therefrom.
Typeset in 10/12pt Times by
Interactive Sciences Ltd, Gloucester
Printed in Great Britain by
MPG Books
Bodmin, Cornwall
Since the third edition (of 2000) there have been substantial European and national developments. The extension of the European Union has meant the increase in scope of European law. With particular relevance to this work this extension has been accompanied by bringing the jurisdiction and judgments regime of the Brussels Convention into that law through Regulation 44/2001. However that Convention and the Lugano Convention remain in forcethe first as regards Member States and Denmark and the second as it was prior to the Regulation. The issue of whether the national or European regime applies has occupied a great deal of English judicial attention with the European Court not always seeing the assertion of English principles as consistent with the European structure. The advent of the Regulation means an additional question of which European regime is applicable, and has raised serious issues of the power of Member States to become parties to multilateral maritime treaties.
In English law, apart from European matters, the principal relevant developments have been the full inclusion in the Civil Procedure Rules of Admiralty and Arbitration proceedings, the continuing construction of the Rules as compared to the earlier Rules of the Supreme Court and on a particular jurisdictional issue, the approach to the anti-suit injunction.
The pattern of the book remains as in previous editions. There are five parts.
Parts I and II encompass:
- (1) the extent to which a connection is required between England and a dispute for an English court to hear and determine the dispute;
- (2) the characteristics of the actions in personam and in rem as methods of enforcing a claim;
- (3) grounds for and restrictions on powers (and their exercise) of English courts to hear and determine disputesincluding the relationship between English and European law;
- (4) time restrictions on the bringing and pursuit of a claim:
- (5) the availability and nature of arbitration as an alternative to litigation.
Part III is a discussion of interim relief and the extent to which, if at all, a claimant can ensure that the defendants assets are available to satisfy a judgment.