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LAWS6178 Admiralty Law: Enforcement of Maritime Claims

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

Knowledge and Understanding

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

  • 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.
  • 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.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • 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.
  • Apply the legal principles, with appropriate legal authorities, in the solution of complex problems.
  • Appraise and criticise existing debates surrounding the enforcement of claims in Admiralty, using appropriate legal research skills.
  • Locate and analyse relevant legal and other primary and secondary source materials.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

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

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.

TypeHours
Independent Study128
Blended Learning22
Total study time150

Resources & Reading list

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

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

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

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

Assessment

Formative

Coursework

Summative

MethodPercentage contribution
Open Book Exam  (48 hours) 100%

Repeat

MethodPercentage contribution
Open Book Exam  (48 hours) 100%

Referral

MethodPercentage contribution
Open Book Exam  (48 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the mandatory/ additional reading text as appropriate

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

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