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The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs

The insurance cover rendered by Protection & Indemnity Clubs ("P&I Clubs") is as essential for shipowners' business in the 21st century as it was for shipowners when the first of those insurance associations, the Shipowners' Mutual Protection Society, was established by Peter Tindall in 1855. 1...

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Main Author: Finnern, Christian
Other Authors: Hare, John
Format: Thesis
Language:English
English
Published: Centre for Law and Society 2026
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access_status_str Open Access
author Finnern, Christian
author2 Hare, John
author_browse Finnern, Christian
Hare, John
author_facet Hare, John
Finnern, Christian
author_sort Finnern, Christian
collection Thesis
description The insurance cover rendered by Protection & Indemnity Clubs ("P&I Clubs") is as essential for shipowners' business in the 21st century as it was for shipowners when the first of those insurance associations, the Shipowners' Mutual Protection Society, was established by Peter Tindall in 1855. 1 Thereby, he reacted upon the necessity to protect the shipowners of those days against the possibility of unlimited liability. Such a risk was probably due to a considerable potential increase of liability caused by the technological developments of the 19th century, in particular the newly developed possibilities of steam ships. Before this association was established, shipowners were not able to obtain insurance cover for the whole value of their vessel, because hull insurers accomplish no more than a 'limited public liability protection' covering only three-quarters of a claim; a shipowner therefore had to cover the last quarter by himself.2 The last quarter was in turn covered by virtue of his membership in one of the newly established associations.
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institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:40:25.976Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
publishDateSort 2026
publisher Centre for Law and Society
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/43259 The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs Finnern, Christian Hare, John The Westernhope Cape Town North of England Protection Association The insurance cover rendered by Protection & Indemnity Clubs ("P&I Clubs") is as essential for shipowners' business in the 21st century as it was for shipowners when the first of those insurance associations, the Shipowners' Mutual Protection Society, was established by Peter Tindall in 1855. 1 Thereby, he reacted upon the necessity to protect the shipowners of those days against the possibility of unlimited liability. Such a risk was probably due to a considerable potential increase of liability caused by the technological developments of the 19th century, in particular the newly developed possibilities of steam ships. Before this association was established, shipowners were not able to obtain insurance cover for the whole value of their vessel, because hull insurers accomplish no more than a 'limited public liability protection' covering only three-quarters of a claim; a shipowner therefore had to cover the last quarter by himself.2 The last quarter was in turn covered by virtue of his membership in one of the newly established associations. 2026-05-20T11:24:35Z 2026-05-20T11:24:35Z 2007 2026-05-20T10:10:24Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43259 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town
spellingShingle The Westernhope
Cape Town
North of England Protection Association
Finnern, Christian
The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
thesis_degree_str Master's
title The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
title_full The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
title_fullStr The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
title_full_unstemmed The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
title_short The 'pay to be paid' rule shipowner's bankruptcy and direct actions against P & I clubs
title_sort pay to be paid rule shipowner s bankruptcy and direct actions against p amp i clubs
topic The Westernhope
Cape Town
North of England Protection Association
url http://hdl.handle.net/11427/43259
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