Marine
Legal Terms
Claim Form
A document filed with the court by a Plaintiff to commence an action.
Constructive Total Loss
Loss of a ship or cargo that is only partial but is treated for the purposes of a marine insurance policy as if it were an actual total loss.
Discloseable Documents
All documents in the possession, custody or power of a party to a civil action, relating to matters in question in the action which are not legally privileged.
In Personam
A court action or claim against a specific person.
In Rem
A court action directed against an item of property rather than against a person. In maritime claims an action In Rem will be against a ship.
Legally privileged
Confidential communications between lawyers and their clients and between lawyers and third parties with a view to advising their clients.
Letter of Claim
A letter, usually from solicitors, giving details of a claim arising from an incident.
Limitation of Liability
A concept which may enable a ship owner or some other person to limit their liability in respect of certain maritime claims arising out of an occurrence, to a particular amount irrespective of the total amount of the claim.
Salvage
A service rendered by a person who saves or helps to save maritime property.
Salvage Agreement
An agreement between salvors and the owners of a ship or other maritime property to provide salvage services.
Security for Costs
A sum payable by a Plaintiff to a civil action as a condition of being permitted to continue with the action.
Time Bar
The end of a period of time in which court or other proceedings may be commenced for a claim arising out of an incident.
Total Loss
Loss of a ship or cargo in which the subject matter is destroyed or damaged to such an extent that it can no longer be used for its purpose.
UKSTC’s
United Kingdom Standard Towing Conditions on which tug owners may agree to provide towage.
Without Prejudice
Cannot be adduced as evidence in any court action without the consent of both parties.