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Admiralty Jurisdiction & Practice

CML5624F   ADMIRALTY JURISDICTION AND PRACTICE

Higher postgraduate course, first semester.

30 NQF credits at HEQSF level 9

Convener: Associate Professor G Bradfield

Course entry requirements: Students wishing to register for this course are required to have an

LLB or equivalent degree.

Course outline:

The course  traces the  history  of  Admiralty  jurisdiction  from  its  origins  in English  law  to  the enactment of the Admiralty Jurisdiction Regulation Act, 1983.

The course covers current Admiralty practice in South Africa, including the courts’ Admiralty jurisdiction and their powers to decline to exercise that jurisdiction and of joinder; maritime claims and their enforcement; actions and arrests in rem; actions in personam and attachments; associated ship arrests; security arrests; security for claims and costs; evidence, inspection and examination procedures; judicial sales and ranking of claims against funds in court.

The course also deals with the International Ship Arrest Conventions and Admiralty jurisdiction in comparative jurisdictions.

DP requirements: None

Assessment: Coursework 25%, June examination 75%