Ships in UK Law

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Leading Cases
  • Standard Oil Company of New York v Clan Line Steamers
    • House of Lords
    • 23 Noviembre 1923

    It is now well settled that those who plead the section as a defence must discharge the burden of proving that they come within its terms. That is to say, they must show that they were themselves in no way in fault or privy to what occurred; in this case to the failure to render the ship properly seaworthy by taking care that the master was instructed about the special risk arising from its shape.

  • Admiralty Commissioners v SS Susquehanna
    • House of Lords
    • 18 Junio 1926

    In other words the loss of user for the time of repair, in effect, made the "Prestol's" then capital value infructuous for the time being, even though by special effort more benefit was got out of other ships, in which other capital was invested than would otherwise have been the case.

  • Playa Larga (Owners of cargo lately laden on board) v I Congreso del Partido (Owners); Marble Islands (Owners of cargo lately laden on board) v I Congreso del Partido (Owners); I Congreso del Partido
    • House of Lords
    • 16 Julio 1981

    State-controlled enterprises, with legal personality, ability to trade and to enter into contracts of private law, though wholly subject to the control of their state, are a well-known feature of the modern commercial scene. The distinction between them, and their governing state, may appear artificial: but it is an accepted distinction in the law of England and other states (see Czarnikow Ltd. v. Rolimpex [1979] A.C. 351).

    But these consequences follow inevitably from the entry of states into the trading field. Though, with much hesitation, I feel obliged to differ on this issue from the conclusion of the learned judge, I respectfully think that he well put this ultimate test:

  • Owners of SS. "Hontestroom" v Owners of SS. "Sagaporack."
    • House of Lords
    • 20 Julio 1926

    None the less, not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial judge, and, unless it can be shown that he has failed to use or has palpably misused his advantage, the higher Court ought not to take the responsibility of reversing conclusions so arrived at, merely on the result of their own comparisons and criticisms of the witnesses and of their own view of the probabilities of the case.

  • Liesbosch Dredger (Owners of) v Owners of SS Edison (The Liesbosch)
    • House of Lords
    • 28 Febrero 1933

    But the Appellants' actual loss in so far as it was due to their impecuniosity arose from that impecuniosity as a separate and concurrent cause, extraneous to and distinct in character from the tort; the impecuniosity was not traceable to the Respondents' acts, and in my opinion was outside the legal purview of the consequences of these acts.

    The true rule seems to be that the measure of damages in such cases is the value of the ship to her owner as a going concern at the time and place of the loss. The rule, however, obviously requires some care in its application; the figure of damage is to represent the capitalised value of the vessel as a profit earning machine not in the abstract but in view of the actual circumstances.

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Books & Journal Articles
  • Prison Ships
    • No. 10-2, August 2021
    • British Journal of American Legal Studies
    • Robert M. Jarvis
    • Professor of Law, Nova Southeastern University
    • 281-333
    In 2026, New York City plans to close the VERNON C. BAIN, America’s only currentlyoperating prison ship. Although prison ships have a long history, both in the United States and elsewhere, surprisi...
  • Book Review: Ships without Sails
    • No. 6-24, November 1953
    • Probation Journal
  • Can the Prospect of Unmanned Ships Stay Afloat under the Current Collision Regulations?
    • No. 9-1, January 2019
    • Southampton Student Law Review
    • Will Timbrell
    • University of Southampton
    • 49-62
    The prospect of unmanned shipping was previously confined to fiction, however, technological developments over the last decade have firmly established their place in the future of the Shipping indu...
  • Leasing as a strategic financing option: the navy’s maritime prepositioned ships experience
    • No. 8-2, March 2008
    • Journal of Public Procurement
    • 149-173
    Recently, leasing has been prominent in the press due to the Air Force’s recent ill-fated attempt to obtain the use of Boeing re-fueling tankers. Forgotten is that, in the early 1980’s, a highly co...
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Law Firm Commentaries
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  • Collision statement of case
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... Collision statement of case on behalf of ... The names of the ships which ... came into collision and their ... ports of registry ... The length, breadth, gross tonnage, ... horsepower and draught at the ... material ... ...
  • Declaration in support of application for warrant of arrest
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... other charge the declaration should further include:is the ship (or is one of the ... ‘The ship (name of ship to be arrested) ... ships) against which the claim is brought and is (is not) the ship in connection with which the claim arose ... The person who would be liable on the ... ...
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