Admiralty Jurisdiction and Savage, Towage, Pilotage and Collision Elective Past Papers LL.B. IV
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Advice from an Alumna By Dr Priscilla Mifsud Parker
The law course is a long journey, but one that, if well-travelled, will lead to beautiful destinations. In an industry which is today attracting many young individuals looking to develop their career in law, it is important to stay ON the beaten track and remain focused. It may go without saying that it is of great importance for all students to attain good academic grades, to be dedicated to their work, as well as to be determined in this highly-competitive industry in order to fulfil their dream of becoming lawyers one day. However what is crucial is that as students and later on as professionals we are innovative by being sensitive to the changes around us. These changes might be political, economic, environmental, socio-cultural or others; what is for sure is that they all have an impact on the profession of a lawyer. We are members of a dynamic profession which is very sensitive to its surroundings. The type and ‘genre’ of advice which is required from us is all affected by what is being experienced by the receivers of this advice. Work experience is considered as a vital part of the staple diet of any prospective lawyer in order to put into practice and refine the knowledge gained from the theorethical reality of the lecture halls and lawbooks into the skills required for a successful career in law. An internship will not only show future recruiters that you have a genuine interest in pursuing a career in this sector, but that you have the practical knowledge and skills to the succeed in your role. Here are some personal suggestions that I feel helped me during my journey:
1. Being Ambitious A powerful trait in any competitive industry, ambition will help you in your law course, in your career as a lawyer, as well as in your life. Whilst the law course can be quite intimidating and challenging, an ambitious individual who is dedicated to learning new things has the potential to understand and realize long-term goals. Do not view the journey as one whole insurmountable mountain but focus on the next small goal and once achieved move on to the next and goal by goal you will reach your final target point. In this respect, gaining valuable work experience through an internship is an important step taken by an ambitious young lawyer who wants to attain certain skillsets, and remain a step ahead of his/her peers. By being inquisitive, analytical and humble enough to accept guidance and mentoring one is guaranteed a fruitful experience in a law firm. It is also not only a means to start focusing on the direction of your career and to build upon your chosen path, but will undoubtedly expose you to the international world. This is crucial, as most of the traditional legal sectors have been intertwined with new areas of legislation and all these together now present much more opportunity for intra-jurisdictional work. 2. Networking By engaging with counterparty students abroad and in international fora one gains an insight into another reality and is exposed to different cultures, ways of communicating and is able to bridge
the differences between parties to a mundane discussion which will eventually become a transaction or a major project in professional life. 3. Organisational Skills Organisation is key in any industry. Good organisation skills always stand out to a recruiter when considering potential applicants. Such skills can be obtained by gaining experience either through organising one’s own work, study plan,student events or cultural/philanthropic events. Going hand-in-hand with this, is having a study plan. By planning your studies ahead, one will have a sufficient amount of time to meet all the demands, while also being able to participate in productive outside activities. Reviewing notes or case briefs before class can also help you follow and participate in class discussions better , whilst following case-law allows you to apply them for specific situations. In view of the amount of material involved summarising and carving out the most crucial points is essential to then build your argument in papers. 4. Taking your own class notes It is always important to take down your own notes as laws are always evolving and passed-down notes would provide the context but are not ideally used for the detail. Researching the particular topic and comparing Malta’s law with that of other jurisdiction gives one a completely different outlook and commenting on these variances in an exam paper, dissertation or assignment would distinguish one student from another. Not to be overlooked are also the consultation papers, commentaries and other official public documents that are issued by local authorities from time to time on different areas of law and industry. Being abreast of what is happening in industry will help putting the particular law or regulation in context. 5. Participation Participation is a main element of the learning process. Being actively involved during seminars and lectures and participating in legal debate sessions, mock trial competitions and moot courts are essential in order to improve your persuasive and presentation skills. If you find this very difficult (all of us have different characters and traits), then try to focus on participation in other events which will expose you to public speaking starting off in smaller groups in a more familiar environment and trying out new experiences and larger audiences as you go along. 6. Practice is the key to success This leads us to our next point – practice. Attaining good grades is undoubtedly an important part of the law course, however, in themselves, they are not enough to show that you have substantial material to succeed. Working within a law firm introduces you to the world of work, and allows you to gainspecific industry-related skills which one will only ever be able to learn in a workplace setting. Work experience can provide you with valuable insight which will help you decide what your career aspirations are and in which areas you would like to further delve into.
Elective Units Past Papers
ir It ur1 i tion I g , T age, an i I ta nd Collision
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UNIVERSITY OF MALTA FACULTY OF LAWS LLD 1/.n: 'leAe SEPTEMBER 2016 EXAMINATIONS CML4016 -Admiralty Jurisdiction and Salvage, Towage, Pilotage and Collision DATE: Friday, 2nd September, 2016 READING TIME: 8.30AM to 8.35AM
DURATION OF EXAMINATION: 8.35AM to 10.35 AM
INSTRUCTIONS TO STUDENTS: CANO\OA ie.? ARE TO ANSWER ONE (1) QUESTION FROM SECTION A, AND ONE (1) QUESTION FROM SECTION B. STUDENTS ARE TO ANSWER EVERY QUESTION ON A DIFFERENT SCRIPT.
Section A: Salvage, Towage, Collisions and Pilotage. Either: 1.
Explain in detail the meaning of "No Cure No Pay" in traditional salvage and how this notion developed through various editions of the Lloyds Open Form and the Salvage Convention of 1989. (100 marks)
Or: 2.
(a) The UK Standard Towage Conditions adopted by Tug Malta have been criticized as being very heavily in favour of the Tug. Explain the liability regime in these conditions and give your views on whether such a regime should be maintained. (50 marks) (b) What is Pilotage, why are Pilots required and what are compulsory pilotage areas? (25 marks)
University of Malta Faculty of Laws January/February 2019 Examination Session CML4O16 ADMIRALTY JURISDICTION AND SALVAGE, TOWAGE, PILOTAGE AND COLLISION Date: Friday
8th
February 2019
Duration of Examination: 08:3OAM-10:35AM
INSTRUCTIONS TO STUDENTS:
This exam paper is divided into two (2) sections; Section A and Section B. Answer ONE (1) question from Section A and ONE (1) question from Section B.
Section A
—
Salvage, Towage, Collisions and Pilotage:
1. Answer the following: a. What services does the Sea Pilot perform? What is compulsory pilotage and what are the reasons behind it? (25 marks) b. Which law is applied to establish the liability for damages caused in the case of a collision between two vessels? (25 marks) c.
Explain the special provisions if any dealing with damages arising out of the management and navigation of vessels? (20 marks)
d. What is the purpose of the “International Regulations for Preventing Collisions at Sea 1972”? Identify the various parts of these regulations and discuss the contents of Part B. (30 marks) 2. Answer the following: a. Explain the traditional criteria which must exist for a successful Salvage claim to be made. (30 marks) b. How has the concept of No Cure No Pay changed over the years? (30 marks) c.
Section B
—
Explain the liability regime under the Tug Malta Standard Terms and Conditions for Towage. (40 marks)
Admiralty:
3. Answer the following: a.
Explain the procedure leading to an arrest of a ship. (25 marks)
b. Under what circumstances is it possible to obtain the release of a ship? (25 marks)
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c. What impact, if at all, does such release have on the jurisdiction of the Court? (25 marks) d. Explain the role of the Authority for Transport in Malta once an arrest has been ordered by the Court. (25 marks)
4.
Answer the following: a. Exam the requisites for an action in rem before the civil courts of Malta as developed by jurisprudence and the law. (40 marks) b. To what extent, if at all, can an action in rem be brought, where the person who would be liable on the claim for an action in personam (“the relevant person”), was the charterer and not the owner of the vessel? (40 marks) c.
Under what circumstances can an action in rem be brought against a vessel which is different from the one in respect of which the claim arose? (20 marks)
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