Updated: 06 July 2006

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STUDENTS' PAPERS, 2006

| Insurance Law | Shipping Law | 

Insurance Law

Insurable interest
Students were asked to comment on the view of Brett MR in Stock v Inglis (1884) 12 QBD 564 at 571:

"After the underwriters have received the premium, the objection that there was no insurable interest is often ... a technical objection, and one which has no merit, certainly not as between the assured and the insurer."

They were asked if the notion of an insurable interest has any part to play in today's insurance law, and to comment on the extent that the concept has been watered down by the courts.

Papers of Andreas Welz and Krissen Pillay are offered here.

Shipping Law

Assignment 1::
Classification Societies
Students were asked to examine the international approach to the liability of classification societies for the consequences of their having surveyed and certified a vessel that is subsequently lost through structural failure or sold to a purchases who has placed reliance on class classification.

In her first paper Barbara Vaughan analyses the decisions of foreign courts and the situation of class in relation to the Erika and the Prestige is alluded to. The paper concludes with the CMI's attempts to mediate a solution.

Assignment 2::
Salvage

"The ISU believes salvors are inadequately rewarded for the environmental benefits of a salvage operation and resolves to work to amend the current system of remuneration to ensure that they are"
Draft Policy Paper 2 of the ISU, February 2006

Barbara Vaughan in her second paper comments on the legality and practicality of introducing environmental salvage as is proposed on the ISU Policy Paper 2.
Yolandi van der Westhuizen (class of 2006) discusses the legality and practicality of introducing an award for environmental salvage independent of the traditional salvage award.
Raphael Brunner (class of 2006) discusses the remuneration of salvors for preventing environmental pollution.
John King discusses whether or not changes are required to the law in order to introduce and implement remuneration for environmental salvage.