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- Negligence in Maritime Disputes Revisited – The Requirement or Ownership or Possessory Title
Negligence in Maritime Disputes Revisited – The Requirement or Ownership or Possessory Title
Centre for Maritime Law (CML)Project Ref: RP512003EC
Start date: October 2020
Status: Concluded
27 October 2021
This project examines the recent developments of tort law in Singapore (the Spandeck test) where it is now trite that a claimant without any proprietary interest in a damaged property nonetheless has locus standi to sue. As this is a major divergence from English law, the project seeks to review the application of the Spandeck test on maritime tort cases. In doing so, the paper for this project will briefly trace the development of English and Singapore tort law to understand the necessity behind the divergence of Singapore tort law and the development of the Spandeck test. Next, the paper will identify and explain the drawbacks of applying the Spandeck test in maritime tort claims. Finally, the paper will conclude with the author’s views as to how the application of the Spandeck test can be reconcile with the position under English law.
Presentation
- ‘Negligence in Maritime Disputes Revisited – The Requirement for Ownership or Possessory Title’ in CML Researchers Lunch Workshop, 14 October 2020
Working Paper
- “Negligence in Maritime Disputes Revisited – the Requirement for Ownership or Possessory Title“, (2021) CML Working Paper Series, CML-WPS-2102
Journal Article
- “Negligence in maritime disputes revisited: the requirement for ownership or possessory title” (2021) 27 Journal of International Maritime Law 158-177
This project has concluded.