High Court: Admiralty Court judgments, 2009

8 judgments, newest first. Open any case for its summary, the legal points it decides and how later courts have treated it.

Date Case Cited by
26 Nov 2009
[2009] EWHC 3040 (Admlty)
Salvage remuneration must be assessed by reference to the circumstances prevailing at the time of the salvage services. The principle of encouragement permits…
17 Jul 2009
[2009] EWHC 1782 (Admlty)
Proprietary effects of a transfer of a vessel are governed by the domestic law of the lex situs. Contractual rights and proprietary rights must be kept…
7
26 Jun 2009
[2009] EWHC 1522 (Admlty)
Costs are awarded primarily by reference to the successful party, but the court retains a broad discretion to depart from that starting point. The degree of…
2
25 Jun 2009
[2009] EWHC 1274 (Admlty)
A tow, including a submerged or partly submerged array, is to be treated as part of the towing vessel for collision-avoidance purposes. Where prescribed…
18 Jun 2009
[2009] EWHC 1365 (Admlty)
Under section 190 of the Merchant Shipping Act 1995, the two-year limitation period applies to collision counterclaims as well as originating proceedings. The…
1
29 Apr 2009
[2009] EWHC 889 (Admlty)
Under the Marine Insurance Act 1906, payment for a constructive total loss does not, without more, create an equitable lien over the wreck where underwriters…
4
21 Apr 2009
[2009] EWHC 816 (Admlty)
A berth operator does not ordinarily give an absolute warranty that a tidal berth is safe or fit for use. The implied contractual obligation is to take…
12 Feb 2009
[2009] EWHC 201 (Admlty)
Jurisdiction under the Judgments Regulation does not compel joinder in an existing action. Where CPR 19.2 applies, joinder remains discretionary. A proposed…