Now in its 15th edition, Lowndes & Rudolf sets out, analyses and comments on the York-Antwerp rules, which govern the principle of general average in maritime law.
New to edition:
Covers the Supreme Court’s Decision in The Longchamp, a case concerning Rule F (substituted expenses) and its application in the context of the negotiation of a ransom paid to Somali pirates; this was undoubtedly the most significant decision in the law of general average since The Bijela (House of Lords, 1994).
Discusses how The Cape Bonny provided useful additional guidance on the burden of proof and immobilisation of a ship in relation to peril.
Re-visits Anglo-Argentine v Temperley in relation to loss of market and Rule C
References The Clipper Sao Luis in relation to the new wording in Rule G concerning recoveries
Extensively revises Section 5 with regard to the law governing the adjustment
The book is the definitive practitioner text on the principle of General Average, and the York-Antwerp Rules that govern it.
- It defines General Average and explores the historical context and development of it as a legal principle.
- It sets out key principles of the Law of Carriage by Sea.
- The main section of the book offers a rule-by-rule commentary on the York-Antwerp Rules covering the historical background, development, practice and construction of each rule, from the Rule of interpretation and the Definition to the Treatment of cash deposits and Contributory values.
- Advises on how rights of contribution are assessed and enforced.
- Covers issues around the currency of the adjustment, including rates of exchange and the problem of set-off.
- Describes the legal landscape around General Average Insurance and Recoveries, including what happens in the case of losses in excess of the insured value.
- The appendices gather key documents, including the relevant international treaties, but also the Lloyds Average Bond, the BIMCO Average Bond Clause, the Lloyds Standard Form of Salvage Agreement and several Salvage Guarantee Forms.
- Provides the reader with a comprehensive explanation of the principles underpinning these concepts.