General Average in UK Law

Leading Cases
  • Royal Boskalis Westminster N.v v Mountain
    • Court of Appeal (Civil Division)
    • 28 February 1997

    It is also true that lives can be the subject of insurance, and that it is possible to insure against liability to pay life salvage. Those who are interested in ship and cargo do not usually, however, have insurable interests in the lives of crew or passengers. It must frequently be the case that, just as in the case of salvage and general average, sue and labour expenses are incurred, in part, for the benefit of lives which are also at risk as a result of the insured peril.

  • Morrison Steamship Company Ltd v Greystoke Castle (Cargo Owners)
    • House of Lords
    • 22 November 1946

  • Armar Shipping Company Ltd v Caisse Algérienne d'Assurance et de Réassurance
    • Court of Appeal (Civil Division)
    • 31 July 1980

    But in my opinion the difficulty goes beyond mere technicality or legal logic. Under the terms of this Lloyd's Average Bond contract, things had to be done by the parties forthwith and disputes under the contract might well, as a matter of commercial reality, arise forthwith. For example, there might be an immediate dispute as to whether freight was payable, or, if so, how much freight.

  • Metall Market OOO v Vitorio Shipping Company Ltd
    • Queen's Bench Division (Commercial Court)
    • 04 April 2012

    The same can be said of Owner's alternative formulation that MMO's breach was of an implied obligation to do all within its power to enable the Vessel to become an arrived ship. MMO did nothing to prevent the vessel becoming an arrived ship; it wanted to take delivery of the steel coils and was ready, willing and able to do so. What prevented the Vessel becoming an arrived ship was Owners' exercise of the lien.

  • Roger Maier and Another v ASOS Plc and Another
    • Court of Appeal (Civil Division)
    • 01 April 2015

    If those categories are described in terms which are sufficiently broad so as to allow the identification within them of various sub-categories which are capable of being viewed independently then proof of use in relation to only one or more of those sub-categories will not constitute use of the mark in relation to all the other sub-categories.

  • De Vaux against Salvador
    • Court of the King's Bench
    • 14 January 1836

    But this is neither a necessary nor a proximate effect of the perils of the sea; it grows out of an arbitrary provision in the law of nations from views of general expediency, not as dictated by natural justice, nor (possibly) quite consistent with it; and can no more be charged on the underwriters than a penalty incurred by contravention of the Revenue laws of any particular State, which was rendered inevitable by perils insured against.

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Legislation
  • Marine Insurance Act 1906
    • UK Non-devolved
    • January 01, 1906
    ...... (3) Where the policy designates the subject-matter insured. in general terms, it shall be construed to apply to the interest. intended by the ... cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is ......
  • Carriage of Goods by Sea Act 1924
    • UK Non-devolved
    • January 01, 1924
    ...... . 6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his ... without liability on the part of the carrier except to general average, if any.VArticle V. Surrender of Rights and Immunities, and Increase ......
  • Carriage of Goods by Sea Act 1971
    • UK Non-devolved
    • January 01, 1971
    ....... (6) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his ... without liability on the part of the carrier except to general average, if any. . Article IV: bis . (1) The defences and limits of liability ......
  • The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ...... , the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, but does include—(a) a person otherwise holding ...average, or(ii) serves more than 50 persons; or(b) is intended to be used for the ......
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Books & Journal Articles
  • Richard R Cornah, Richard C G Sarll and Joseph B Shead (eds), Lowndes & Rudolf: General Average and York-Antwerp Rules
    • No. , September 2019
    • Edinburgh Law Review
    • 461-462
  • REVIEWS
    • No. 22-3, May 1959
    • The Modern Law Review
    Book reviewed in this article: The Sanctity of Life and the Criminal Law. By Glanville Williams The Danish Criminal Code, With an Introduction by Dr. Knud Waaben, Professor A.I. in the University o...
    ...... of his “I am not clear in my own mind that this general opinion . . . of the sanctity of life justifies the ... is four years, and there is no maximum, but the average term of detention has been some seven years. Instead of ......
  • Reviews
    • No. 29-4, July 1966
    • The Modern Law Review
    The Ombudsman. Edited by Donald C. Rowat. The Challenor Case. By Mary Grigg. The Politics and Administration of Nigerian Government. Edited by L. Franklin Blitz. The Inductive Approach to Internati...
    ...... States Army has a similar institution-an Inspector-General, who may take up complaints from a soldier of any rank. ... The York Antwerp Rules for general average the origihs of which go back to the 1860s is the earllest ......
  • Reviews
    • No. 40-1, January 1977
    • The Modern Law Review
    On Guilt, Responsibility and Punishment. By Alf Ross. Social Justice. By David Miller. Judges on Trial. By Shimon Shetreet; edited by Gordon J. Borrie. The Modern Family Solicitor. By C. D. Wickend...
    ...... As a general analysis this seems to be inadequate. No account is given of ... to appear was LOWNDES AND RUDOLF’S THE LAW OF GENERAL AVERAGE AND THE . 108 THE MODERN LAW REVIEW [Vol. 40 the second ......
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Forms
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ...... . .  general commercial contracts and arrangements, including agency. . . ... . .  collision . . .  general average......
  • Make a claim with others to an employment tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ......Page 4. 6 Earnings and benefits. 6.1 How many hours on average do, or did you work. each week in the job this claim is about?. hours each ...Once you are satisfied, please tick this box. General Data Protection Regulations. The Ministry of Justice and HM Courts and ......
  • Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the county or High Court
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ......© Crown Copyright 2014. 1. 1. General information. 1.1. Full name. 1.2. Date of birth. 1.3. Are you married/in a ...gross income less income tax and national. insurance. Average net income for the last three. months i.e. total income less income tax. ......
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