LAWS3144 Admiralty Law 2 (Enforcement and Limitation of Liability)
Module Overview
Admiralty Law 2: Enforcement and Limitation of Liability is an exciting module dealing with the laws applicable to shipping operations. In building on Admiralty 1, it covers in particular the enforcement rights for claimants including the right of arresting the ship that has caused damage, the way by which obtaining financial security is obtained, the priority of maritime claims and the jurisdictional rules applicable to maritime claims. In addition the shipowner’s right to limit liability will be discussed. This module can count as one of the Maritime Option modules that students on the LLB Maritime Law need to select from.
Aims and Objectives
Module Aims
To provide you with: • a knowledge and understanding of the main principles of enforcement of claims, allocation of jurisdiction and limitation of liability rights in Admiralty Law and the commercial policies and values which underpin it. • experience in dealing with legal principles deriving from variety of legal instruments, including international conventions, statutes, case law and standard form maritime contracts. • skills of legal analysis and problem solving at an advanced level in a commercial law subject with an international aspect.
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the main principles which govern enforcement rights in Admiralty
- the main commercial, safety and environmental policies and values underpinning enforcement of Admiralty claims.
- the existing areas of debate about what the law is and what it ought to be, both in U.K. and internationally.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- analyse relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
- identify key legal and policy issues in their commercial and enforcement aspects of Admiralty law.
- apply Admiralty enforcement principles, with appropriate legal authorities, in the solution of complex practical problems involving multiple regimes of liability
- draft legal advice based upon such problems being alert to issues of academic integrity while doing so
- critically appraise and offer solutions in existing areas of debate in U.K. and international maritime law.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- identify and locate relevant legal materials, including international conventions, statutes, case law and standard form maritime contracts.
- think critically in relation to policy issues
- plan and manage your studying and see how this can engage with your personal and professional development
Syllabus
The main principles which govern enforcement rights in Admiralty including: • -the character of maritime claims • -the right to arrest a ship for a maritime claim • -the priority between maritime claims • -freezing orders • -the shipowners’ right to limit liability and the way this is coupled with ship arrest • -the ways for establishing jurisdiction on the merits for maritime claims
Special Features
This module is important for students wishing to work in firms specialising in maritime law. For a number of years the best student who has studied Admiralty 2 or Carriage of Goods by Sea 2 has been offered a two week vacation placement with Holman, Fenwick & Willan, one of the leading City firms specialising in maritime law. This may, and sometimes has, resulted in a training contract with that firm. Neither the placement nor a training contract can be guaranteed by the University of Southampton but is an opportunity for students studying this module. The Institute of Maritime Law runs a series of voluntary seminars on Wednesday afternoons given by brokers, insurers, judges, arbitrators, solicitors and others specialising in the maritime field to supplement and enhance the students understanding of the practical and commercial background to this subject. You are encouraged to attend these seminars and make use of knowledge gained from them in your studies.
Learning and Teaching
Teaching and learning methods
Teaching methods include Teaching will be by one two hour seminar per week. Learning activities include Seminars will develop: • the structure of the subject and the presently applicable principles and policies • the major controversies and problems existing in relation to the interpretation of the legal provisions • draft legal instruments which are expected to change the law applicable
| Type | Hours |
|---|---|
| Revision | 15 |
| Preparation for scheduled sessions | 100 |
| Seminar | 20 |
| Completion of assessment task | 15 |
| Total study time | 150 |
Resources & Reading list
Aleka Mandaraka-Sheppard (2014). Modern Maritime Law (Volumes 1 and 2) (Maritime and Transport Law Library).
D.C. Jackson (2005). The Enforcement of Maritime Claims.
Yvonne Baatz (ed.) (2015). Maritime Law.
Assessment
Formative
Essay
Summative
| Method | Percentage contribution |
|---|---|
| Examination (2 hours) | 100% |
Repeat
| Method | Percentage contribution |
|---|---|
| Examination (2 hours) | 100% |
Referral
| Method | Percentage contribution |
|---|---|
| Examination (2 hours) | 100% |
Repeat Information
Repeat type: Internal & External