Eugene Jiankai Cheng, ‘Negligence in Maritime Disputes Revisited – the Requirement for Ownership or Possessory Title’

ABSTRACT
Negligence is a common cause of action in maritime disputes. It is usually used by consignees and shipowners who have suffered damage to their property. Under English law, a claimant must have ownership to a property in order to sue for losses flowing from damage to that property. However, in Singapore, the law of negligence has developed in an autochthonous fashion, leading to the position where a claimant without any proprietary interest in the damaged property would nonetheless have locus standi to sue. This paper explains this new development from Singapore and examines whether such an approach is just and appropriate for maritime disputes.

Cheng, Eugene Jiankai, Negligence in Maritime Disputes Revisited – the Requirement for Ownership or Possessory Title (May 1, 2021). NUS Law Working Paper No 2021/010, NUS Centre for Maritime Law Working Paper 21/02.

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