General Average in UK Law

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

  • Royal Boskalis Westminster N.v v Mountain
    • Court of Appeal
    • 28 Feb 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.

  • Armar Shipping Company Ltd v Caisse Algérienne d'Assurance et de Réassurance
    • Court of Appeal
    • 31 Jul 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 Abr 2012

    The GA Guarantee was intended to operate in conjunction with a general average bond. The wording of the guarantee is expressed to be in consideration of delivery "without collection of a deposit" but it says nothing of delivery without a bond being in place from consignees. In those circumstances it is at the very lowest arguable that the Insurers could successfully contend that the GA Guarantee was not intended to respond in the absence of a bond with which it was expected to go hand in hand.

    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.

  • Heil v Rankin
    • Court of Appeal
    • 13 Jun 2000

    When the question is the level of damages for non-pecuniary loss the Court is engaged in a different exercise. As we have said, it is concerned with determining what is the fair, reasonable and just equivalent in monetary terms of an injury and the resultant PSLA. The decision has to be taken against the background of the society in which the Court makes the award.

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Legislation
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Books & Journal Articles
  • REVIEWS
    • Núm. 22-3, Mayo 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...
  • Reviews
    • Núm. 40-1, Enero 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...
  • REVIEWS
    • Núm. 19-3, Mayo 1956
    • The Modern Law Review
    Book reviewed in this article: The Law of Torts. By Harry Street, ll.m., ph.d. They Stand Apart: A Critical Survey of the Problem of Homosexuality. Edited by Judge Tudor Rees and Harley V. Usill. M...
  • Reviews
    • Núm. 29-4, Julio 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...
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