Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - KENNEDY’S LAW OF SALVAGE (5th Edition)
KENNEDY’S LAW OF SALVAGE (5th Edition) by David W. Steel, Q.C., M.A., of the Inner Temple, a member of the panel of Lloyd’s Salvage Arbitrators, a wreck commissioner for England and Wales, and Francis D. Rose, M.A., B.C.L., of Gray’s Inn, Barrister-at-Law, Senior Lecturer in Laws, University College London (with Richard A. A. Shaw, M.A., Solicitor, as consulting editor). Stevens & Sons, London (1985, Ixii and 584 pp., plus 193 pp. Appendices and 55 pp. Index). Hardback £85.
The first edition of Lord Justice Kennedy’s Law of Civil Salvage was published in 1891 and was soon recognized as the standard work on the subject. Until that time, salvage had been treated as but one chapter in the leading textbooks on maritime law. Until the advent of steam vessels—and in particular steam tugs—salvage was largely a recompense for personal services; but the latter part of the 19th century saw the advent of the professional salvor and the introduction of Lloyd’s Form of Salvage Agreement “No Cure—No Pay”. Although the basic legal principles had by then been established, important developments and changes were to follow. Indeed, the whole topic of salvage law is still under active review by the International Maritime Organization (IMO), following upon detailed work by the Comité Maritime International (CMI). At the time of the publication of the first edition of Kennedy, there was no international convention on salvage: to date, the first and only convention directly in point is the Brussels Convention on Salvage 1910 (although the work of the CMI and IMO is directed to providing a new convention). Given the technological changes in shipping and in particular in the transport of cargoes of bulk oil and of dangerous chemicals and the like, the role of the salvor has become of wider importance in that it is often his voluntary efforts which serve to protect the environment as well as to preserve the property which he is attempting to salve. With these changes, the legal regime under which a salvor works has become one of much greater complexity than that which existed in the last century. This latest edition of Kennedy serves admirably to expound the law in its modern context.
The editors are well qualified to produce a first-class new edition. The new edition is divided into 17 chapters with five very helpful appendices of forms, conventions, statutes and regulations. The history and the development of the jurisdiction of the Admiralty Court from earliest times has, of course, appeared in a number of other works but Chapter 2 of the new Kennedy is of special interest in that it contains an excellent exposition of the development of that jurisdiction in the field of salvage. The section dealing with the attitude of the common law to salvage is particularly enlightening: the whole chapter shows clear evidence of original research.
Chapter 3 (Subjects of Salvage) sets out clearly that type of property which may, or may not be “salved”. This is a topic which is still of considerable current interest for not only does the law on the point differ in different jurisdictions but the topic has been debated at considerable length at sessions of the IMO Legal Committee. The application of existing principles to oil rigs and oil storage tankers could perhaps have been expanded. Some attempt is also made to resolve the question of whether or not “hire” payable under a charterparty may be salved as “freight at risk”. The editors point out that the expression “hire” is of comparatively modern origin and explain why time charter hire is not regarded as an independent subject of salvage (although voyage charter freight is).
Chapter 4 deals comprehensively with the meaning of “Danger” and a discussion of what is a “Salvage Service”. The chapter is covering quite familiar territory. There is a careful examination of the relevance of the risk to the owners of the salved ship of claims by third parties in tort and of the benefit conferred by a salvor in removing the prospect of such claims by a successful salvage service. The few authorities which exist relate in the main to the risk of damage by collision or by the blocking of a navigable channel or the like; the topic is, however, of particular importance nowadays given the transportation of bulk oil cargoes and dangerous chemicals, for the release of either type of cargo can give rise to claims against shipowners for damages far in excess of the value of the salved fund. Indeed, the cases where the greatest
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