Structured by the course Director Dr A Mandaraka-Sheppard,
Solicitor,
Head, Shipping Law Unit, UCL, (on sabbatical during 2004-05),
Founding Director, The London Shipping Law Centre
Taught this year by a Visiting Lecturer of UCL:
Peter Macdonald-Eggers, Barrister at 7 Kings Bench Walk
Course Convenor for this year: Ben Leach, Solicitor
Introduction:
This is one of the four postgraduate shipping law courses (the others being Carriage of Goods by Sea, International Trade Law and Admiralty Law). It is also one of two insurance law courses (the other simply entitled Insurance). There is no absolute necessity to combine this subject with the other shipping law subjects, though they provide a useful background for Marine Insurance. Nor is it necessary to take the general Insurance course. Indeed, although it is possible to take both Insurance subjects, there is some overlap between the topics dealt with by each. This suggests, on the one hand, that the two insurance courses complement and reinforce each other but, on the other, a student who wishes not to concentrate on too narrow an area in his studies might well consider not taking both courses.
Course Aims and Objectives
The aims of the course are: to enable students to acquire an in depth understanding of difficult legal concepts of Marine Insurance, to analyse case law, to interpret the Marine Insurance Act 1906, and generally to gain legal skills in applying the legal principles to practical situations of claims against the insurer.
The particular objectives are: to enable students to learn the method of studying common law from decided cases of the English courts; to develop skills in identifying the issues and summarising the principles; to distinguish the principles applicable to a different set of circumstances; to develop a skill of critical analysis and commentary.
Course Outline:
Marine Insurance is a specialised Contract law course. It draws on general principles of the English law of contract as well as having contributed to them. Some familiarity with at least some of the main features of the English law of contract and tort of negligence is, therefore, necessary but this can be easily assumed during the course. The framework of much of the relevant law is provided by statute, the Marine Insurance Act 1906 but the relevant statutory provisions are mainly derived from the common law. Problems of statutory interpretation and how these have been, or have been attempted, to be resolved by the courts, will be highlighted during the course.
The course requires
(i) a study of the existing law, both in the cases and in the statute;
(ii) an examination of the standard contract terms that dominate marine insurance in practice; and
(iii) an understanding of how marine insurance law operates in practice.
Realistically, theoretical and practical issues must be studied together closely in this course.
The syllabus includes an examination of general principles and commercial practices. It considers, in detail: insurable interest; types of marine insurance policies; the principle of utmost good faith (disclosure and representations); the role of Lloyd's brokers; the nature and terms of marine insurance policies and additional clauses; warranties; premiums; assignment of policies; insured and excepted perils; causation; types of losses (actual and constructive total losses, partial losses); salvage, general average and particular charges; measure of indemnity and abandonment; mitigation of loss; insurers' rights on double insurance and subrogation; protection and indemnity associations; reinsurance.
As in the other shipping law courses, the main syllabus is supplemented by extra curriculum events (lectures and workshops) run by the London Shipping Law Centre (www.london-shipping-law.com) as guided by its founding Director. Students benefit from these events in terms of extra knowledge in both the legal and commercial infrastructures of shipping law as well as by having the opportunity to meet with people from the shipping industry. Contact the Centre's manager at UCL for details.
This course, like all shipping law courses, has been jointly taught at UCL for all students of the University of London since 1993 as co-ordinated by the course Director and Head of the Shipping Law Unit.
Students are also offered opportunities to visit a ship, the Lloyds insurance market, and a P&I club. They have the additional benefit of practical knowledge by visiting lecturers, experts from the City of London.
Once students definitely decide to take this course, they will be given a study guide.
Teaching Method:
Teaching is interactive and students are expected to prepare in advance and participate fully.
Method of Assessment:
Students are guided on exam techniques and are given assignments to practise; but marks of such assignments are not taken into account at the final examination which is a three hour written examination.
Recommended reading:
A detailed syllabus and study guide will be given to those who decide to take this course. To familiarise yourself with the subject, you may start reading either the book by Bennett or the one by Susan Hodges on Marine Insurance Law
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