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Lowndes & Rudolf: The Law of General Average and The York-Antwerp Rules
Synopsis
Lowndes & Rudolf is a specialist commentary on the York-Antwerp Rules (YAR). It is the most detailed and analytical work on general average. You'll find the book gives you a historical overview of each Rule of YAR, and a comparison with English law, which gives insight into the underlying principles and problems inherent in their application
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What Reviewers Are Saying
Mar 17th 2019, 10:43
SINCE 1873, THE ESSENTIAL REFERENCE FOR SHIPPING LAWYERS — NOW IN A NEW 15TH EDITION FROM SWEET & MA
Awesome - 10 out of 10
SINCE 1873, THE ESSENTIAL REFERENCE FOR SHIPPING LAWYERS — NOW IN A NEW 15TH EDITION FROM SWEET & MAXWELL
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”
Even if you’re not a specialist in shipping law, you must admit that it never ceases to fascinate, combining as it does complexity, practicality and a couple of millennia of history too.
The editors have been meticulous throughout in making sure that the intricacies of the subject matter are understood. Published by Sweet & Maxwell and Thomson Reuters, ‘Lowndes & Rudolf’ now emerges in a new edition, the fifteenth since the first edition of 1873 by Richard Lowndes.
As a work of reference for practitioners — and indeed all who are involved in shipping law — this book truly excels. It incorporates the developments that have taken place since the publication of the previous edition of 2013. Most importantly it reflects the changes that have led to the production of the 2016 Rules, the fortunate result of a consensus, so to speak, by the International Union of Marine Insurance and the International Chamber of Shipping/BIMCO.
The special expertise of the editorial team is impressive. R R Cornah, (who has presided over the previous two editions of 2008 and 2013) is an Honorary Fellow of the Association of Average Adjusters and Titular Member of the Comite Maritime International (CMI), noted as ‘the custodian of the York-Antwerp Rules’. R C G Sarll is a barrister of the Middle Temple and J B Shead is a Senior Associate of the Association of Average Adjusters.
Commendably, but not surprisingly, the book offers both global and historical perspectives on shipping law, informing us from the outset that ‘the first known statement of the law of general average’ is ‘a fragment of ancient Greek legislation which forms the text from a chapter in the Digest of Justinian’.
‘The Rhodian law decrees,’ says this document, ‘that if I order to lighten a ship, merchandise has been thrown overboard; that which has been given for all should be replaced by the contribution of all.’ (Rhodes was a maritime state, we are reminded and regarded as ‘mistress of the sea.’)
Any confusion here about the meaning and significance of key terms like ‘general average’ is dealt by the clarity of the
commentary and illustrative figured examples. Also, very helpful is the comprehensive coverage of recent developments in general average cases, including the Longchamp — and the references to the ‘CMI Guidelines’ which were agreed at the 2016 CMI Conference in New York. These have proved useful, say the editors, in explaining general average and the collection of commercial interests involved in a major casualty.
Fortunately for practitioners, this definitive work of reference contains a wealth of research resources, including extensive tables of cases and statutes, detailed footnoting and five appendices. Appendix 4, for instance, contains key documents, including Lloyd’s Average Bond and Lloyd’s Standard Form of Salvage Agreement. It is in Appendix 5 that you’ll find the CMI Guidelines Relating to General Average.
Throughout its long and distinguished publishing history, this classic text has been an essential reference for shipping lawyers and continues to be so. Indeed, any lawyer interested in this field will regard this latest edition of Lowndes and Rudolf as a must-have purchase.
The book was published on 20th November 2018.