Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - ARNOULD: LAW OF MARINE INSURANCE AND AVERAGE
James Davey*
ARNOULD: LAW OF MARINE INSURANCE AND AVERAGE (19th Edition). Jonathan Gilman QC, Mark Templeman QC, Claire Blanchard QC, Philippa Hopkins QC and Neil Hart. Sweet & Maxwell, London (2018), clxiv and 1776 pp, plus 169pp Appendices and 63 pp Index. Hardback £429.
Introduction
Arnould remains, and for good reason, the primary source for those in search of a detailed study of the law of marine insurance. The editorial panel for the most recent edition sees some minor changes, with Professor Robert Merkin QC stepping down and Philippa Hopkins QC returning, alongside the addition of Neil Hart. Jonathan Gilman QC makes clear in the Foreword that he expects this to be his last edition as lead editor, with Clare Blanchard QC and Mark Templeman QC taking on that role for the future. This sense of planned continuity will come as a relief to those who rely on Arnould, whether in practice or as postgraduate students. The availability of these leading texts as electronic resources through portals such as i-law and Westlaw has done much to ensure they remain relevant to the next generation of lawyers.
Arnould and legislative law reform
The 19th edition, published in late 2018, is the first to consider in full the changes made to the field by the Insurance Act 2015. As the position under the former system of the unamended Marine Insurance Act 1906 will remain the focus of the vast majority of litigation for the remainder of this decade, this required some careful organisation. At the time of writing, the only case to be litigated on the basis of the 2015 Act is Young
v Royal & Sun Alliance,1 in relation to waiver and fair presentation of the risk. Moreover, the ability to “contract out” of the 2015 Act is likely to lead to parties seeking (by contractual provision) to restore the position found under the 1906 Act, and so this will remain of considerable commercial significance.
The sensible compromise chosen by the editors was to add new chapters, numbered 18A and 18B, to deal with pre-contractual issues related to consumer and commercial marine insurance respectively. This preserves the numbering for the majority of the text. The new principles in the Insurance Act 2015 relating to warranties and other
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