Admiralty Law: Enforcement of Maritime Claims | LAWS6178

Module overview

The enforcement of claims through the Admiralty Court is crucial in maritime law. From the claimant’s perspective, many liabilities may be enforced through a claim in rem which is a prerequisite to the arrest of a ship. Ship arrest is one of the most powerful securities available for many maritime claims. After an arrest, the shipowner’s P&I Club may provide security to precure a release, or, alternatively, the ship may be sold through the court. From the shipowner’s perspective, its most precious defence is the entitlement to limit liability and constitute a limitation fund. This entitlement is crucial not only for shipowners, but also their P&I Clubs and makes maritime activity insurable.

This module considers the substantive and procedural issues about bringing claims in the Admiralty court, ship arrest and shipowners’ limitation of liability, as well as how Admiralty Jurisdiction is exercised subject to general rules of private international law.

Aims and Objectives

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

Locate and analyse relevant legal and other primary and secondary source materials.
Appraise and criticise existing debates surrounding the enforcement of claims in Admiralty, using appropriate legal research skills.
Apply the legal principles, with appropriate legal authorities, in the solution of complex problems.
Analyse relevant legal materials, including statutes, case law and civil procedure rules (CPR).
Identify and explain the scope, nature and relevance of the Admiralty Jurisdiction and how it supports ship arrest and limitation of liability and is exercised subject to other conflict of laws rules.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

Identify and analyse key issues.
Think critically, develop coherent arguments in writing.
Distinguish relevant from irrelevant materials.
Display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

The areas of debate about what Admiralty Jurisdiction is and how it ought to be exercised, including the controversial nature of ship arrest and how it differs from other pre-trial measures.
The main principles which govern the enforcement of claims in the Admiralty court, including ship arrest and limitation of liability and how English law is influenced by international conventions.

Syllabus

The following is an indicative list of the module content:

*Sources, scope and nature of Admiralty Jurisdiction

*Maritime and other liens

*Admiralty claims in rem

*Arrest of ships and comparison with freezing injunctions

*Judicial sale of ships and priorities

*Shipowners’ limitation of liability

*Admiralty Jurisdiction in the context of other international rules of jurisdiction

Learning and Teaching

Teaching and learning methods

This module is taught by lectures (8x2hours) and seminars (3x2hours). Lectures will introduce the key principles and structure of the subject. You are expected to provide the main input to the seminars where the principles introduced in the lectures are applied to hypothetical scenarios.

The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, seminars and assessment. In the seminars you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.

Study time
Type	Hours
Blended Learning	22
Independent Study	128
Total study time	150

Resources & Reading list

Textbooks

Dr Aleka Mandaraka-Sheppard (2013). Modern Maritime Law Volume 1: Jurisdiction and Risks.

Nigel Meeson and John A Kimbell (2017). Admiralty Jurisdiction and Practice.

Sarah Derrington and James M. Turner (2016). The Law and Practice of Admiralty Matters.

Yvonne Baatz (ed) (2018). Maritime Law.

Assessment

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Open Book Exam Coursework

Summative

This is how we’ll formally assess what you have learned in this module.

Breakdown
Method	Percentage contribution
Open Book Exam	100%

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Breakdown
Method	Percentage contribution
Open Book Exam	100%

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Breakdown
Method	Percentage contribution
Open Book Exam	100%

Repeat Information

Repeat type: Internal & External