Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE PRACTICE AND PROCEDURE OF THE ADMIRALTY COURTS
THE PRACTICE AND PROCEDURE OF THE ADMIRALTY COURTS (Forms and Precedents) by Nigel Meeson, of the Middle Temple, Barrister-at-Law. Lloyd’s of London Press Ltd., London (1986, xxvi and 190 pp., plus 75 pp. Appendices and 4 pp. Index). Hardback £35.
An updating of the literature on admiralty practice and procedure has long been overdue, having regard to the fact that the latest Supplement to Messrs McGuffie, Fugeman and Gray’s tome on this subject—Admiralty Practice: British Shipping Laws, Vol. 1—was published in July 1975. It is all the more pity therefore that Mr Meeson’s book falls far short of what the practising admiralty solicitor was in urgent need—namely, a comprehensive reference source. In fairness to Mr Meeson, he does preface his book by saying that it was not meant to provide a fully comprehensive account of admiralty practice. However, in so doing, he has severely limited his readership source—perhaps only to those who may be seeking a general understanding of this subject.
There is little benefit to be gleaned from this work for the practitioner as is claimed. It is an amalgam of passages extrapolated in whole or in part from, inter alia, Order 75 in The Supreme Court Practice (the White Book), Chitty & Jacob’s Queen’s Bench Forms and the Supreme Court Act 1981, the majority of which can already be obtained from the two volumes of the White Book.
Some passages in the book are already out of date—e.g., applications under R.S.C. Ord. 11 following the comprehensive review by the House of Lords of discretion and forum conveniens in Spiliada Maritime Corp. v. Cansulex [1987] A.C. 460. Other matters also out of date relate to the merger of the Admiralty and Commercial Registries and the recent wholesale changes regarding evidence and discovery, matters which in any event are excluded from the scope of the text. It is surprising that the author has made no mention at all of what effect there may be on admiralty practice of the Civil Jurisdiction and Judgments Act 1982, which, although not in force at the time of the publication of his book in July 1986, was known to be coming into force shortly thereafter, in January 1987.
The sub-division of the book into “Admiralty Practice and Procedure”, “Admiralty Forms”, etc., might be said to have some cosmetic attraction. However, it does cause some difficulty for the reader, who is required to undertake frequent cross referencing.
The intention of Mr Meeson to produce a book which updates the law on admiralty practice was laudable. It is only regrettable that the execution thereof is lacking in so many regards. Perhaps, it will not be too long before those practising in admiralty law can rely upon a comprehensive book on this topic, updated where necessary by means of cumulative supplements similar to those used with the White Book.
Michael Eno
Senior Admiralty Clerk, Holman Fenwick & Willan.
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