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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - “ARNOULD’S LAW OF MARINE INSURANCE” (16TH EDITION)

By Sir Michael J. Mustill, One of Her Majesty’s Judges of the Queen’s Bench Division of the High Court, and Jonathan C. B. Gilman, M.A., Barrister.
Published by Stevens & Sons Ltd., London (1981, lxxv and 1140 pp., plus 102 pp. Appendices and index)
Hardback, in two volumes, £95
The first edition of Arnould was published in 1848 with new editions being brought out at reasonably frequent intervals from that date, although readers have had to wait 20 years for the current edition of this mammoth work. In line with the remainder of the series of British Shipping Laws, of which Arnould forms a central part, the intention of the authors of the present edition has been to set out and analyse every aspect of the subject, and there can be little doubt that this objective has been consistently achieved throughout. All statements of law have been put into practical context and amply illustrated with the facts of decided cases, and carefully considered opinions are offered wherever the case law is either contradictory or deficient (in terms of quality or quantity); in these ways the authors have managed to ensure that the text remains both lively and highly readable.
The one feature which continues to distinguish Arnould from its rivals is its continued concentration, and indeed emphasis, on the historical development of the law and matters predating the Marine Insurance Act 1906. Indeed, Arnould’s original words are often to be found in the text. One reason for this is undoubtedly the high authority which previous editions of Arnould have obtained, but it also seems apparent that the present authors share the reluctance of their predecessors in excising evidence of the scholarship of the original work. These desires do perhaps leave the 16th edition somewhat off balance, with text based on 18th century authorities being supplemented by copious footnotes containing 20th century authorities and discussion thereof. A chapter as illustrative as any of this tendency is that on Insurance Agents, where the reader is treated at some length to the views of, inter alia, Tindal, C.J., while the contradictory views of a Court of Appeal sitting some 150 years later are to be found only in a footnote; the primacy of the latter over the Court of Common Pleas may be regrettable, in this context at least, but is a fact of life. However, to highlight this style is not necessarily to criticize it, for an historical approach to exposition of the present

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