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Led by Lord Mansfield Simulacrum
The shipping law specialism of the maritime series and the legal capstone of the programme, following the coverage of the Institute of Chartered Shipbrokers' Shipping Law syllabus, grounded in international conventions and English law. Ten modules cover ship ownership, mortgages, and admiralty jurisdiction; charterparty law; the law of bills of lading; the carriage conventions; general average, salvage, and towage; collision; pollution; the limitation of liability and the carriage of passengers; and dispute resolution. Led by the Lord Mansfield Simulacrum, with general average, salvage, and towage taught by the Edward Lloyd Simulacrum.
Led by Lord Mansfield Simulacrum
The question
A ship is owned, can be mortgaged, and can be seized — so how does a claimant arrest the vessel herself? Taught by Lord Mansfield, this module covers the legal foundations: the mortgage law applicable to ships and the distinctions between legal and equitable, and registered and unregistered, mortgages; admiralty jurisdiction and the procedure to arrest in rem; the Brussels Arrest Convention 1952 and the types of liens; the maritime liens and mortgages conventions of 1926, 1967, and 1993; and the use of freezing orders (formerly Mareva injunctions).
Outcome
You can explain how a ship may be arrested for a maritime claim, what liens arise, and how a mortgage or freezing order bears on it. (Ship ownership and admiralty jurisdiction)
Sub-units
Led by Lord Mansfield Simulacrum
The question
Every charterparty shares an anatomy and a set of governing doctrines — so what runs through voyage and time charters alike? Taught by Lord Mansfield, this module covers the general principles: the basic anatomy of a charterparty; the operation of the cancelling date and the concept of the safe port; descriptive warranties and the crucial distinction between breaches that terminate the contract (conditions) and those giving only financial compensation (warranties); the justified and unjustified circumstances of deviation; war risk clauses; and the frustration of a contract.
Outcome
You can identify the governing principle and its legal consequence in a charterparty dispute. (Legal aspects of charterparties — general principles)
Sub-units
Led by Lord Mansfield Simulacrum
The question
A voyage charter turns on freight and laytime; a time charter on hire and off-hire — so do you know the law peculiar to each, and to the bareboat charter beneath them? Taught by Lord Mansfield, this module covers the specific charter forms: for voyage charters, how freight is earned and paid, deadfreight, the Notice of Readiness, and laytime, demurrage, despatch, and damages for detention; for time charters, delivery and re-delivery, payment of hire and the owner's remedies, off-hire, speed-and-consumption disputes, and cargo responsibility; and for bareboat charters, their uses, financing role, and ownership and registry implications.
Outcome
You can identify the charter form, the governing rule, and the remedy in a charter dispute. (Voyage, time, and bareboat charters)
Sub-units
Led by Lord Mansfield Simulacrum
The question
The bill of lading is receipt, contract, and document of title at once — so how does title pass, and what do the great clauses actually do? Taught by Lord Mansfield, this module covers the law of bills of lading: the role and function of the bill and its relationship to the mate's receipt; the negotiability of title and the operation of COGSA 1992; charterparty and charterer-issued bills and their significance for shipowners; how carrier liability varies among port-to-port, through/combined-transport, and waybill documents; and the identity-of-carrier, law-and-jurisdiction, Himalaya, Paramount, New Jason, and Both-to-Blame clauses.
Outcome
You can state a bill of lading's legal effect, the carrier's liability, and the operation of its clauses. (Legal aspects of bills of lading)
Sub-units
Led by Lord Mansfield Simulacrum
The question
Over the bill of lading stand the Hague, Hague-Visby, and Hamburg Rules — so what does each demand, where do they conflict, and what are the recurring battlegrounds? Taught by Lord Mansfield, this module covers the carriage conventions: the importance of the three cargo-liability regimes; the conflicts among them, their shortcomings, and the arguments for revision; their relationship with insurance and the common/private carrier distinction; and the recurring areas of dispute — seaworthiness, excepted perils, and error in navigation — and the manner and quantum of liability.
Outcome
You can identify the governing convention, the carrier's defences, and the measure of liability in a cargo claim. (Conventions on carriage of goods by sea)
Sub-units
Led by Edward Lloyd Simulacrum
The question
When sacrifice is made for the common safety, or a ship is rescued, or towed — who pays, and under what law? Taught by Edward Lloyd, in whose coffee house the marine market was born, this module covers general average, salvage, and towage: the concept of general average and the York-Antwerp Rules 1994, how the rules determine qualifying sacrifices, and the role of the average adjuster; how the right to salvage arises, the salvage agreement and the Lloyd's Open Form (LOF) 2000, how arbitration determines the award, the effect of pollution conventions, and the Salvage Convention 1989; and the principle that towage is governed by ordinary contract law, with its customary terms.
Outcome
You can identify whether general average, salvage, or towage applies to a casualty and the rules governing the claim. (General average, salvage, and towage)
Sub-units
Led by Lord Mansfield Simulacrum
The question
When two ships collide, who was at fault and who pays what? Taught by Lord Mansfield, this module covers the law of collision: the International Regulations for Preventing Collisions at Sea 1972 (the COLREGs) and their role in determining fault; the application of the Both-to-Blame collision clauses and the conflicts they can create; and the manner of apportionment of fault and the measure of damages.
Outcome
You can reason about fault under the COLREGs, the apportionment of liability, and the damages recoverable in a collision. (Collision)
Sub-units
Led by Lord Mansfield Simulacrum
The question
A series of catastrophic spills built an elaborate regime of liability and compensation — so do you know CLC, the Fund, MARPOL, and the American regime that stands apart? Taught by Lord Mansfield, this module covers the law of marine pollution: the CLC 1969 and its 1992 Protocols, the Fund Convention 1971, and MARPOL 73/78; the now-defunct TOVALOP and CRISTAL agreements and the consultancy role of ITOPF; the particular impact of the US Oil Pollution Act 1990 (OPA 90) and how it stands apart; and the law on the disposal of sewage, refuse, and garbage afloat and ashore.
Outcome
You can identify the governing conventions or OPA 90 and the liability and compensation regime for a pollution incident. (Pollution and the environment)
Sub-units
Led by Lord Mansfield Simulacrum
The question
Maritime law lets the shipowner cap his liability however great the loss — so who may limit, when can the limit be broken, and what governs the passenger's claim? Taught by Lord Mansfield, this module covers limitation and passengers: the limitation conventions of 1957 and 1976, who is entitled to limit and under what circumstances, the calculation and distribution of the fund, and when limitation may be broken; and the Athens Convention 1974, how the passenger contract is evidenced, the parties' rights and responsibilities under common law and statute, and the limitation of liability for loss of life, personal injury, and property.
Outcome
You can reason about the owner's right to limit and the fund, or the passenger regime under the Athens Convention, for a given claim. (Shipowners' limitation of liability and passengers)
Sub-units
Led by Lord Mansfield Simulacrum
The question
Every dispute must end in its resolution — so how do parties choose their forum, guard the time bar, and have damages assessed? Taught by Lord Mansfield, this module covers dispute resolution: the clauses determining the method of resolution and jurisdiction; the time-barring of claims, both statutory and contractual; the procedures and merits of litigation and arbitration, the main arbitral locations, and the governing rules (English Arbitration Act 1996, LMAA, SMA terms); the structure of the English court system; and how the quantum of damages is assessed in contract and tort and the application of costs.
Outcome
You can advise on the forum, the time bar, the choice between litigation and arbitration, and the measure of damages and costs in a dispute. (Dispute resolution)
Sub-units