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Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules
Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules
15th Edition
Series:  British Shipping Laws
Practice Area:  Shipping
ISBN:  9780414057043
Published by:  Sweet & Maxwell
Publication Date:  21 Sep 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
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


Key Features:
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.

CONTENTS
  • SECTION 1 HISTORICAL INTRODUCTION
  • SECTION 2 SOME PRINCIPLES OF THE LAW OF CARRIAGE BY SEA
  • SECTION 3 THE HISTORY AND DEVELOPMENT OF THE YORK-
  • ANTWERP RULES
  • SECTION 4 THE YORK-ANTWERP RULES 1994, 2004 AND
  • 2016
  • RULE OF INTERPRETATION
  • RULE PARAMOUNT
  • RULE A DEFINITION OF GENERAL AVERAGE
  • RULE B TUG AND TOW
  • RULE C CAUSATION, CONSEQUENCES AND DAMAGE TO THE ENVIRONMENT
  • RULE D THE EFFECT OF FAULT
  • RULE E ONUS OF PROOF
  • RULE F SUBSTITUTED EXPENSES
  • RULE G VALUATION OF LOSSES AND CONTRIBUTORY VALUES; NON-
  • SEPARATION AGREEMENT
  • RULE I JETTISON OF CARGO
  • RULE II LOSS OR DAMAGE BY SACRIFICES FOR THE COMMON SAFETY
  • RULE III EXTINGUISHING FIRE ON SHIPBOARD
  • RULE IV CUTTING AWAY WRECK
  • RULE V VOLUNTARY STRANDING
  • RULE VI SALVAGE REMUNERATION
  • RULE VII DAMAGE TO MACHINERY AND BOILERS
  • RULE VIII EXPENSES LIGHTENING A SHIP WHEN ASHORE AND
  • CONSEQUENT DAMAGE
  • RULE IX CARGO, SHIP’S MATERIALS AND STORES USED FOR FUEL
  • RULE X EXPENSES AT PORT OF REFUGE, ETC.
  • RULE XI WAGES AND MAINTENANCE OF CREW AND OTHER EXPENSES
  • PUTTING IN TO AND AT A PORT OF REFUGE
  • RULE XII DAMAGE TO CARGO IN DISCHARGING, ETC.
  • RULE XIII DEDUCTIONS FROM COST OF REPAIRS
  • RULE XIV TEMPORARY REPAIRS
  • RULE XV LOSS OF FREIGHT
  • RULE XVI AMOUNT TO BE ALLOWED FOR CARGO LOST OR DAMAGED BY SACRIFICE
  • RULE XVII CONTRIBUTORY VALUES
  • RULE XVIII DAMAGE TO SHIP
  • RULE XIX UNDECLARED OR WRONGFULLY DECLARED CARGO
  • RULE XX PROVISION OF FUNDS
  • RULE XXI INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE
  • RULE XXII TREATMENT OF CASH DEPOSITS
  • RULE XXIII TIME-BAR FOR CONTRIBUTIONS TO GENERAL AVERAGE
  • SECTION 5 ASSESSING AND ENFORCING RIGHTS OF CONTRIBUTION
  • SECTION 6 THE CURRENCY OF THE ADJUSTMENT
  • SECTION 7 GENERAL AVERAGE, INSURANCE AND RECOVERIES
  • APPENDIX 1
    • THE ROMAN CIVIL LAW
  • APPENDIX 2A
    • GLASGOW RESOLUTIONS (1860), YORK RULES (1864) AND YORK-ANTWERP RULES (1877)
  • APPENDIX 2B
    • YORK-ANTWERP RULES OF 1890, 1924, 1950, 1974 (AND AS AMENDED 1990)
  • APPENDIX 2C
    • YORK-ANTWERP RULES (1994), (2004) AND (2016)
  • APPENDIX 3
  • RULES OF PRACTICE
    • Adopted by the Association of Average Adjusters up to 2007
  • APPENDIX 4
    • DOCUMENTS .
  • APPENDIX 5
    • CMI GUIDELINES RELATING TO GENERAL AVERAGE

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