Carrier Liability and Marine Insurance Under Contemporary UK Maritime Law

Bibliography (Harvard Format):

Baughen, S. (2022) Shipping Law. 7th edn. Abingdon: Routledge. [ISBN: 978-0367338534]
Gaskell, N., Debattista, C. and Swatton, R. (2023) Chorley & Giles’ Shipping Law. 10th edn. London: Sweet & Maxwell. [ISBN: 978-0414104099]
Leloudas, G. and Tselentis, Y. (2021) ‘The Rotterdam Rules and electronic bills of lading: evolution or revolution?’, Journal of International Maritime Law, 27(2), pp. 89-108.
Summerskill, M. and Davies, M. (2020) ‘The Insurance Act 2015: five years on – a new equilibrium in marine insurance?’, Lloyd’s Maritime and Commercial Law Quarterly, (3), pp. 427-456.
McConnell, M. and Devlin, D. (2019) ‘The Maritime Labour Convention 2006: a model for global labour regulation?’, International Journal of Comparative Labour Law and Industrial Relations, 35(4), pp. 437-462. doi: 10.54648/IJCL2019027

ASSESSMENT BRIEF 2: CARRIAGE OF GOODS BY SEA AND MARINE INSURANCE

Module Code: MAR3054
Module Title: Maritime Law
Academic Year: 2024/2025
Assessment Weighting: 40% of Module Mark
Word Limit: 3,000 words (+/- 10%)
Submission Deadline: Week 12, Friday 17:00 GMT
Submission Method: Online via Turnitin

ASSESSMENT TASK

You are required to produce a critically analytical essay that addresses ONE of the following questions:

Question 1: Bills of Lading and Carrier Liability

The Hague-Visby Rules continue to form the cornerstone of carrier liability in contracts for the carriage of goods by sea, despite significant developments in containerisation, digitalisation, and multimodal transport.

Critically evaluate the extent to which the Hague-Visby Rules remain fit for purpose in modern international trade. In your answer, you should:

Analyse the scope and application of carrier liability under Article III and the exceptions to liability under Article IV
Examine recent judicial interpretations of key provisions, including the “package limitation” and the “nautical fault” exception
Assess whether reforms introduced by the Rotterdam Rules address contemporary challenges more effectively
Consider the practical implications for shipowners, cargo interests, and insurers

Question 2: Marine Insurance and the Duty of Utmost Good Faith

The Insurance Act 2015 significantly reformed the law relating to pre-contractual disclosure and representations in marine insurance contracts, replacing the draconian remedy of avoidance under the Marine Insurance Act 1906.

Critically analyse the impact of the Insurance Act 2015 on the duty of utmost good faith (uberrima fides) in marine insurance. Your answer should:

Evaluate how the 2015 Act has modified the assured’s duty of disclosure and the consequences of breach
Examine the statutory regime for fraudulent claims and its implications for maritime casualty claims
Analyse recent case law demonstrating the application of the “fair presentation” standard
Assess whether the reforms have achieved an appropriate balance between insurer and assured interests

Question 3: Maritime Labour Convention and Seafarers’ Rights

The Maritime Labour Convention 2006 (MLC) has been described as the “seafarers’ bill of rights” and represents a comprehensive consolidation of international labour standards for seafarers. Recent amendments proposed for 2025 address internet connectivity and nutritional requirements.

Critically evaluate the effectiveness of the MLC 2006 in protecting seafarers’ welfare rights in the context of modern shipping operations. Your analysis should:

Examine the enforcement mechanisms under the MLC, including flag state, port state, and labour-supplying state responsibilities
Analyse the financial security requirements for repatriation, compensation for death/injury, and wages
Evaluate the practical challenges in implementing MLC standards across diverse flag states
Assess the significance of recent proposed amendments concerning seafarer welfare

LEARNING OUTCOMES ASSESSED

This assessment tests your ability to:

Demonstrate comprehensive knowledge of the legal frameworks governing carriage of goods by sea and/or marine insurance
Apply legal principles to complex practical scenarios involving conflicting interests and competing policy considerations
Critically analyse judicial decisions and statutory provisions using appropriate legal reasoning
Evaluate the effectiveness of current legal regimes in addressing contemporary maritime challenges
Communicate legal arguments clearly, coherently, and professionally using appropriate academic conventions

ASSESSMENT CRITERIA

Your essay will be marked according to the following criteria:

Criterion	Weighting	Description
Knowledge & Understanding	30%	Demonstrates comprehensive understanding of relevant legal principles, statutory provisions, and international conventions
Analysis & Application	35%	Critically analyses key issues; applies legal principles to practical contexts; evaluates competing arguments effectively
Research & Authority	20%	Uses appropriate range of primary and secondary sources; engages with recent case law and academic commentary
Structure & Presentation	15%	Coherent structure with clear introduction, logical development, and substantiated conclusion; accurate citations and bibliography; professional presentation

GUIDANCE NOTES

Research Requirements

You must engage with primary sources including relevant statutes (e.g., Carriage of Goods by Sea Act 1971, Marine Insurance Act 1906, Insurance Act 2015), international conventions (e.g., Hague-Visby Rules, Hamburg Rules, Rotterdam Rules, MLC 2006), and case law
Use secondary sources including academic journal articles, textbooks, and authoritative commentary (minimum of 10 academic sources expected)
Recent case law (2019-2025) should be prioritised where relevant
International perspectives (particularly from leading maritime jurisdictions such as Singapore, Hong Kong, and the US) may be considered

Structure Recommendations

Introduction (300-400 words): Define key terms, outline the scope of your analysis, and present your central argument/thesis
Main Body (2,200-2,400 words): Develop your arguments in logical sections with clear topic sentences, supported by authority and critical analysis
Conclusion (300-400 words): Synthesise your arguments and present substantiated conclusions

Citation and Referencing

Use OSCOLA (Oxford Standard for Citation of Legal Authorities) for legal materials
Use Harvard referencing for non-legal secondary sources
All sources must be properly cited with footnotes and a bibliography
Plagiarism will be penalised according to university regulations

Academic Integrity

This is an individual assessment. While you may discuss general concepts with peers, the submitted work must be entirely your own. Any use of AI tools must be acknowledged and used only for editing/proofreading purposes, not content generation.

FORMATIVE SUPPORT

The following support is available:

Office Hours: Tuesdays 14:00-16:00 and by appointment
Essay Planning Workshop: Week 8 (optional but recommended)
Research Skills Session: Library liaison team, Week 7
Draft Paragraph Feedback: Submit one 300-word paragraph by Week 10 for formative feedback

SUBMISSION REQUIREMENTS

Submit via Turnitin by the deadline (late submissions penalised per university policy)
Include a completed coversheet with word count (excluding footnotes and bibliography)
Save your file as: [Student ID]_MAR3054_Assessment2.docx
Font: Times New Roman 12pt or Arial 11pt, 1.5 line spacing
Page numbers required

MARKING AND FEEDBACK

Provisional marks and written feedback will be returned within 20 working days
Marks are subject to moderation and examination board ratification
Generic feedback will be provided in a whole-cohort session in Week 15

Question 3: Maritime Labour Convention and Seafarers’ Rights The Maritime Labour Convention 2006 (MLC) has been described as the “seafarers’ bill of rights” and represents a comprehensive consolidation of internationa