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What’s it all about?
Money, money, money. Maritime law (a broad term that includes shipping law) and international trade law provide the framework for the whole business of buying and selling goods and commodities between countries. This trade is the foundation of wealth generation. As a lawyer in this field you are not so much concerned with rights and wrongs as you are your client’s money.
It is almost impossible to open a newspaper these days without seeing some reference to the booming economies of China and India. The vast bulk of the raw materials imported into those countries and the finished goods that pack our high streets are carried on ships. It is said that commercial shipping carries 90 per cent or so of world trade. The agreements that regulate this trade will often have a clause requiring any dispute between the parties to be governed by English law – because our system is mature, highly regarded and flexible – with any litigation or arbitration to take place in London, even if there is no other connection with the UK. So although the UK’s manufacturing base has been decimated over the past 50 years us lawyers still keep a tight grip on the legal work.
The working culture
There is a relatively small number of solicitor practices and individual barristers who work in this area. They are mostly based in the City of London, although some of the major ports around the country, such as Newcastle, Liverpool and Ipswich, still support specialist firms. They are likely to also operate in other high-level commercial and financial areas, so the competition to get into one of these firms is intense. Once you get in, the financial rewards can be high, the work is interesting and you may get to travel as well.
Law graduates without training contracts may be able to gain entry to this type of work by applying to work in-house for one of the big shipping lines or specialist ship insurers, such as the P&I (Protection & Indemnity) Clubs.
These present an interesting career opportunity in their own right, but they might also be seen as a way of getting knowledge and experience of the shipping world before moving on to in-house work or private practice.
The P&I Clubs are associations of ship owners who work together to provide mutual protection at an economical price. So, crudely, they are insurers, but they also provide advice and practical assistance to their members. The clubs have names that reflect their origins – either the type of ships that they used to cover once upon a time or the location of the ship owners – for example, Steamship Mutual, North of England P&I and West of England P&I.
Skills required
A strong understanding and enjoyment of commercial law and contract law is a must. Employers will examine your degree subject profile to see if you have an appropriate academic background. When picking your options at law school, try to study sale of goods (this is fundamental), international trade/sales and maritime law. You should also have good interpersonal and communication skills. Yes, you must be comfortable with the law, but you must also be commercial yourself and be confident in your ability to negotiate favourable positions for your client.
Competence in a foreign language is a definite advantage, as is the ability to do without eight hours of sleep every night. This is because shipping is a global, 24-7 business. You might have to get used to receiving 3am phone calls from a worried and angry client who has had their ship arrested and detained in a port on the other side of the world.
On the upside, there is a very strong social aspect to shipping law. This is a career for those of you with stamina and outgoing personalities.
Recent developments
Overseas businesses like to use English law. There is a definite bias on the part of our courts in favour of facilitating commerce. It is the ability to adapt to innovation in business practice that keeps our system ahead of other jurisdictions’. This naturally means that there are always changes.
Recently some of these have involved issues such as the legal implication for the use of new forms of document covering the carriage of goods, where the goods concerned form only part of a cargo. The use of standard documents as the basis for a contract is very common in shipping. Many of these have been used for generations and so new forms can upset established practices and have unseen and unintended consequences.
Another factor to be aware of is that shipping itself is a very competitive business. The ship is an expensive asset and must be operated constantly and earning income. So any delay is expensive and someone has to pay for this. This often leads to disputes, and recent developments have involved questions such as who should have to pay for the delay in a ship being loaded or unloaded. It can and does happen every day and it really matters because, depending on the size and age of the ship and the type of cargo, the loss can amount to many thousands of dollars per day. The market goes around in a cycle. It can be very good or very bad.
Anthony Rogers, senior lecturer, The City Law School
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