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Showing 1 to 10 of 10 for “"Admiralty jurisdiction"”.
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Admiralty jurisdiction in Namibia since 1920
… dissertation is to look at the development of admiralty jurisdiction and practice in Namibia since 1920. It will look at how a colonial piece of legislation, namely, the Colonial Courts of Admiralty of 1890 became part of Namibia. It will look at how the Namibian government attempts to update …
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Admiralty jurisdiction in the magistrate's court
… is to whether a Magistrate's Court which claims admiralty jurisdiction is in the same position as that of the Emperor in the story. Does a Magistrate's Court have jurisdiction to hear maritime claims by consent or otherwise or is it a case of a Magistrate's Court attempting to exercise or clothe …
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Admiralty law in South Africa: section 6 of the Admiralty Jurisdiction Act - an analysis, comparison and case law examination
Under South African Admiralty law the Courts are to apply two different systems of law depending upon whether the matter could have been heard under the old jurisdiction held by the Colonial Courts of Admiralty as at 1890. If the matter does involve this old jurisdiction then English law as it was …
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Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study
… by being re-thought from its first principles. Admiralty jurisdiction and procedure are no exceptions to this general rule; the antiquity of parts of English admiralty jurisdiction and procedure are such that re-thinking both by admiralty and non-admiralty lawyers (to say nothing of non-lawyers) …
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A reconsideration of the prima facie case
… arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for …
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Do the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 infringe the substantive requirements of section 25(1) of the Constitution of the Republic of South Africa Act 108 of 1996?
… 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ('the Act') constitute an arbitrary deprivation of a minority shareholder's property because they permit the deprivation of minority shareholder's property interests purely on the basis of common …
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The doctrine of forum non conveniens and the discretionary limitation of jurisdiction of the South African Admiralty Court in terms of section 7(1) of the Admiralty Jurisdiction Regulation Act, 105 of 1983, as amended
… On 1 November 1983 Parliament promulgated The Admiralty Jurisdiction Regulation Act, Act 105 of 1983 (hereinafter referred to as "the Act"), which repealed the Colonial Courts of Admiralty Act 1890 of the United Kingdom insofar as it applied in relation to the Republic of South Africa. The Act …
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The recognition and enforcement of foreign maritime liens
… engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 ("The Halcyon Isle") and the subsequent decision of the Appellate Division in South …
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"The doctrines of deviation and fundamental breach: have they really sunk?"
… and thus in terms of s6(1) of the South African Admiralty Jurisdiction Regulation Act no. 105 of 1983, English law is the law applicable should a South African court be faced with a situation involving a fundamental breach or geographical deviation. The doctrines of deviation and fundamental …
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The privatisation of pilotage services: a panacea for South Africa’s pilotage ills?
… contained in s 1 (1) (e) and s 1 (1) (l) of the Admiralty Jurisdiction Regulation Act. As a result thereof; a South African court sitting in admiralty has jurisdiction to hear such claims. As to the identification of the appropriate law; s 6 (2) dictates that South African statute, if relevant, …