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Piracy, negotiation period expenses and allowance in general average: The Longchamp

Citation

Walpole, S and Moss, A, Piracy, negotiation period expenses and allowance in general average: The Longchamp, Lloyd's Maritime & Commercial Law Quarterly, 34, (1) pp. 34-40. ISSN 0306-2945 (2018) [Letter or Note in Journal]


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Abstract

Over the past decade, the impact of piracy off the coast of Somalia upon maritime commerce and, indeed, maritime law has been keenly felt. In Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerfl otte mbH & Co KG (The Longchamp), the UK Supreme Court answered the commercially important question whether operating expenses incurred whilst negotiating a lower ransom for the release of a hijacked vessel are allowable in general average, so that they are shared proportionately amongst all involved in the maritime adventure. In so doing, the Court was presented with a rare opportunity to clarify the rules of general average. By majority, the Supreme Court held that such expenses are allowable in general average under Rule F of the York-Antwerp Rules ("YAR"). Marking the Courtís first exegesis of Rule F, The Longchamp is a clear reminder that, despite the necessary significance of commercial practices in a maritime context, the text of the Rules must be given paramount importance, and cannot be substituted for such "extra-legal" considerations.

Item Details

Item Type:Letter or Note in Journal
Keywords:admiralty law, maritime law, general average, piracy
Research Division:Law and Legal Studies
Research Group:Commercial law
Research Field:Commercial law
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Moss, A (Mr Aaron Moss)
ID Code:126609
Year Published:2018
Deposited By:Law
Deposited On:2018-06-19
Last Modified:2018-06-20
Downloads:0

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