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Lexis® Practical Guidance: Maritime Law

Why Lexis® Practical Guidance: Maritime Law? 

Lexis® Practical Guidance Maritime Law discusses all aspects of shipping law in detail and provides clear explanations with references to recent case law and practical examples. This practice area's content covers various aspects of maritime law, such as: public and private international law, maritime conventions and rules, admiralty jurisdiction and practice, marine insurance, carriage of goods by sea, security arrests, judicial sales and applications to the Registrar. Important processes are further clarified, such as: how to register a ship, how to arrest a ship and how to deal with a cargo claim.

With step-by-step guidance and useful resources such as checklists and relevant forms and precedents, users are equipped to deal with ship registry in South Africa, admiralty rules in South Africa and various other matters that are marine or maritime in nature.

With Lexis® Practical Guidance: Maritime Law you get:


Convenient online access to:
  • More than 180 Guidance Notes within 40 Topic Overviews
  • 45 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – know what the procedure is in different courts
  • Other Useful Resources such as flowcharts, external websites and additional readings

Guidance on each step taken in Maritime Law:
  • Maritime law in South Africa
  • Admiralty jurisdiction
  • Maritime claims
  • Security arrests and wrongful arrests
  • Counter security and legal costs
  • Setting aside an arrest and time bars
  • Obtaining evidence, inspection and discovery
  • Admiralty Rules and Uniform Rules
  • Ship registration and deregistration
  • The Ships Register and the Office of the Registrar of Ships
  • Flagging in of vessels on bareboat charter
  • South African flagged vessels
  • Ship mortgages
  • Protection of mortgages under the law
  • The business of carriage of goods by sea
  • The jurisprudence of carriage at sea
  • Bills of lading
  • Charter parties
  • Cargo claims
  • Marine insurance

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Maritime Law.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Particulars Recorded with the Registrar

This guidance note explains what information is recorded by the Registrar once the ship has been successfully registered on the South African Ships Register, and offers useful resources such as:

  • A Ship Registration Checklist for a complete ship registration
  • A list of prescribed characteristics of ships

Registration of a Mortgage on a Vessel Registered in South Africa:

This guidance note explains when a mortgage bond can be registered and what information the Registrar is required to put in the South African Ships Register once the application for registration of the mortgage bond has complied with all the requirements of the SRA.

It further provides the following resources:

  • Forms and precedents:
    • SAMSA check sheet – Registration of mortgage
    • Form OP-1115/4 – Mortgage or transfer of mortgage or discharge of mortgage
  • Other resources:
    • Home ports of South Africa – information and services.

What Rights Does a Mortgage Secure?

This guidance note details the rights that the mortgagee secures when it provides a loan to the ship owner against the registration of a mortgage in the register, over a ship that is registered in the register. It also offers guidance on the interest, and other costs, that the mortgagee may recover.

The following resource is also included:

  • Form OP-1115/4 – Mortgage or transfer of mortgage or discharge of mortgage
  • Threshold Values for Procurement: Detailing the various threshold values required for the commodity estimated values and the manner in which those goods are procured.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Safe manning document
  • Sample of a certificate of deletion of registry
  • Sample of an international tonnage certificate
  • Form OP-1108/3 – Declaration of ownership and nationality
  • Form 2 – Registration certificate
  • Form FOP-517 – Application for a certificate of equivalent competency (CRA)
  • Builder's certificate
  • Checklist for registration of a ship on a primary register
    • Offers guidance on all the required steps and forms involved in the process of registering a ship on the South African Ships Register
  • Form OP-1109/1 – Application for registration or Renewal of registration
    • The official form which needs to be completed and submitted when applying for registration or renewal of registration of a ship
  • SAMSA Check sheet – Registration of Mortgage
    • Lists all the documentation that must be submitted when registering a mortgage
  • Safe manning document
    • Describes the minimum manning considered necessary to ensure that a ship is sufficiently and efficiently manned
    • Will be issued by the principal officer of the respective port of registry
  • Marine Notice 23 of 2015 – A guide to the process of registering a ship on the South African Ship Register
  • Contact details for SAMSA and Home ports of South Africa information and services
    • Provide the contact details and services of all SA Ports
  • Marine Notice 22 of 2015 – Recognition of foreign seafarer certificates of competency in terms of the STCW Convention
  • SAMSA guidance note GOP-538.01 – Maritime Medical Standards Code

Authors










Andrew Robinson


Peter Lamb



BA LLB (University of Cape Town), LLM (University of Wales), Post Graduate Diploma (Environmental law) (University of Natal)

Andrew Robinson is a director and Norton Rose Fulbright's Regional Head of Transport of Africa and the Practice Group Leader for Disputes. He was previously the President of the South African Maritime Law Association (2008 – 2010), and is currently the Chairman of the Admiralty sub-committee of that association. Andrew has been involved in a number of high-profile, casualty-related matters in numerous countries around the world and has advised P & I Clubs, ship owners and underwriters in South Africa, Namibia, America, England, Italy, France, Belgium and the United States.


LLM (Shipping Law) (University of Cape Town)

Peter Lamb is a senior associate in Norton Rose Fulbright's Admiralty and Shipping Litigation team and is presently on the executive committee of the Maritime Law Association of South Africa (Durban Chapter). Peter focusses on admiralty, shipping, marine, transport and logistics insurance law and has acted both for and against ship owners in admiralty litigation (including instituting and defending in rem ship arrests; security arrest applications; admiralty judicial sales and lodging of claims against the Admiralty Fund).







Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

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It saves you time and energy so you can focus on the expertise that only you have.


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