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Dissertation Proposal
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Dissertation Proposal Sample

Topic:
The Marine Insurance of Small Craft25: Is the Insurance Industry, Parliament and Europe
Continuing to Neglect Due Diligence and, if so, Why?
Introduction
The traditional free market approach to contract law has been subject to much European and domestic
legislation and regulation in the late 20th century. However, insurance contracts have remained largely
unaffected by such legislation and regulation, at the insistence of the insurance industry, justified by a
policy of self-regulation. This self-regulation may be likened to the approach of the banking industry
with regard to anti-money laundering controls, and the maintenance of asset/capital ratios to protect
investors from insolvent institutions, in the face of the growth of regulation in the late 20th century. The
self-regulatory procedures of the banking industry anticipated and were eventually crystallised into
statutory controls26 and have lately been extended to cover the insurance industry but only with regard
to anti-money laundering procedures and safeguards and asset/risk ratio maintenance (solvency)27.本英语论文英语论文网www.51lunwen.net提供
However, any attempt to highlight the apparent inequality and vulnerability of the consumer with
regard to insurance contract terms and statutorily protect the consumer, such as the Unfair Contract
Terms Act 1977,28 or harmonise insurance laws, regulations or administrative provisions, as in the
abandoned European Commission Directive of 1979, has met with a concerted effort by the insurance
industry to maintain its free market approach justified by a series of self-regulatory measures, such as
The Statement of General Insurance Practice29 and The Statement of Long-Term Insurance Practice.30
A further problem with insurance contracts is the importance they place on warranties. A breach of a
warranty can allow the insurer to repudiate the contract whereas in contract law generally a breach of
warranty, if considered serious enough, will only result in the award of damages whilst a breach of
condition will allow for repudiation. It is submitted that this seemingly reverse emphasis would make
the application of standard contract legislation and regulation, even if considered by the legislature,
virtually ineffective in policing the fairness of marine consumer insurance contracts.
The small craft insured is a unique category of consumer as he is insuring in a market traditionally
considered, by the insurance industry and, apparently, Parliament and the European Union, to operate
fairly without the need for external regulation. Marine insurance is traditionally considered to concern
corporations rather than small consumers, this is used to justify this laissez faire attitude. Thus it is
assumed the parties have equality of arms, that the parties supposedly negotiate the terms of the
contracts from positions of comparative equality e.g. insurance companies with large fleet operators,
ship owners, transport companies etc.
This is exemplified by the fact that marine insurance law is primarily drawn from the Marine Insurance
Act 1906 (MIA) 31, which notably does not consider the individual small craft owner and was drafted
by Sir Mackensie Chalmers, when, it is submitted, although England was considered to ‘rule the
waves’ this was only thought to be important for commercial considerations not the small craft owner.
History of Regulation
The Statement of General Insurance Practice and The Statement of Long-Term Insurance Practice,
were introduced quid pro quo for the exclusion of insurance from the ambit of the Unfair Contract
Terms Act 1977. Both were drafted by the British Insurance Association and Lloyds, and were entirely

英语论文英语论文网www.51lunwen.net提供
25 Although the term small craft has no official origin it is used, as Fletcher-Tomenius did before (see
note 11) to refer to ships eligible to register on the small ships register (see Maritime and Coatguard
(MCA) website at note 57) i.e. non-fishing or submersible vessels which are under 24 meters in length
not owned by a company.
26 E.g Wolfsberg principles into EU directives and English Money Laundering Regulations.
27 E.g. The Money laundering Regulations 2003, S.I. 2003/3075.
28 Which specifically excludes insurance contracts from its scope in Schedule 1.1(a).
29 Of 4th May 1977.
30 Of 28th July 1977.
31 MIA 1906

is generally applied to all contracts of insurance unless specified otherwise.
voluntary which factors raised questions over their adequacy and fairness, which will be addressed in
the dissertation. The most important factor for the small craft insured is, as previously noted, their
unique position with regard to insurance contract law as, traditionally, the small craft insured is
categorised as a marine risk, marine risks are considered commercial not consumer contracts and the
Statements excluded marine insurance entirely.
The creation of the Insurance Ombudsman in 1981 provided only a very limited forum to seek a
remedy for any insurance contract dispute. The Insurance Ombudsman service was subsumed into the
Financial Ombudsman Service in 2000. The Financial Ombudsman Service has wide responsibilities to
regulate any prescribed financial activity carried out by a wide variety of providers e.g. banks, building
societies, insurance companies and agents.32 However, like its predecessor the service is primarily
concerned with ensuring the consumer does not lose out because of the insolvency of the insurer.
The Unfair Terms in Consumer Contracts Regulations 199433 (the ‘Regulations’) implemented in
response to Directive 93/1334 ‘finally ended the marine insurance industry’s period of isolation from
consumer legislation’35 as they apply to all consumer insurance contracts. However, although
applicable to marine insurance contracts, they are restricted by their wording in the effect they can
have.36 The problems arise in relation to what can be considered an unfair term, the main subject matter
of the contract and plain, intelligible language. Marine insurance contracts may fall foul of the本英语论文英语论文网www.51lunwen.net提供
anticipated protection of the Regulations, as, although they are mostly standard form, a bespoke policy
is more common in this area than any other insurance area and so would not be covered as the
Regulations do not cover individually negotiated terms. Similarly the preamble to the Directive
contained a passage to the effect that core terms for insurance policies would not be subject to the
Regulations.37 As Fletcher-Tomenius stated38 this has been taken to include exclusions, which are,
arguably the most important and contentious terms in insurance contracts.39 The requirement for plain,
intelligible language has been that most readily and vociferously adopted by the industry. It is
submitted that this is because it was the area the insurer would most easily be found accountable for, as
it covered any part of the contract, therefore the insurer had to ensure this was dealt with. It was also an
area that the industry could use as a sop to those calling for Regulation pointing to the great strides it
had made in ensuring its contracts were intelligible.
To date, the ombudsman service, under its original incarnation and now as part of the general Financial
Ombudsman Service has not reported dealing with any disputes involving the owners of small craft
claiming that their insurance contract terms are unfair under the Regulations.40 Although the industry
may refer to this absence of evidence to signify that insurance contracts are inherently ‘fair’, it is
submitted that the significance of this lack of reported cases owes more to the nature of insurance
contracts, the strength of position of the insurance provider and the imbalance in the law governing this
relationship, which may be a basis for legal advisors to counsel the futility of action.
Problem
Although there is currently a review of insurance contract law being carried out by the Law
Commission with a Consultation paper proposed for summer 2007,41 the insured consumer has
traditionally not been protected from unfair contract terms in contracts of insurance to the same extent
as the general consumer under the legal and regulatory framework controlling contracts in England and
Wales. The small craft owner has further suffered from the categorisation of any insurance contract for
a boat as a marine insurance contract, usually subsumed into the Marine, Aviation and Transport group
(hereafter referred to as MAT) and the presumption that marine policies are commercial rather than

英语论文英语论文网www.51lunwen.net提供
32 See Financial Services Markets Act 2000.
33 S.I. 1994/3159 now amended by The Unfair Terms in Consumer Contracts Regulations 1999, S.I.
1999/2083
34 Council Directive 93/13/EEC of the 5th April 1993.
35 Fletcher-Tomenius P., ‘Marine Insurance of Small Craft: a case of Due Diligence?’ (2000) 3 int.M.L
63, 65.
36 Ibid.
37 This section of the Preamble will be reproduced when the Regulations are considered in depth.
38 Ibid 66.
39 The law concerning exclusions and its apparent unfairness to the insured, e.g. loss from two
proximate causes, one of which is an excluded cause, the other included, the exclusion to prevail, will
be considered briefly later in the dissertation.
40 This statement is being researched further but was correct from the information available to the
author at 8/12/06.
41 See http://www.lawcom.gov.uk/insurance_contract.htm last checked 30/11/2006.
consumer. This has left the small craft insured poised between the two categorisations, apparently
benefiting from neither and ignored by the insurance industry and the legislature. 42
Theory
From the above it will be apparent that this dissertation begins from the premise that the small craft
owner is singularly unprotected against the potential for an insurance contract term to be unfair.
Although the European Union and the English government have considered regulation of the industry本英语毕业论文英语毕业论文网www.51lunwen.net提供
and paid lip service to protecting the insurance consumer the reality has been a tacit acceptance of the
importance of the insurance industry, not just financially but also socially,43 and an almost blind faith
in the fairness of these institutions and the fairness of the bargain of the insurance contract, even
though the majority are now standard form contracts. It is submitted this is an attitude both Europe and
Parliament have not expressed in relation to any other consumer contract.44 This area of law is
dominated by a powerful and organised industry lobby and is further unbalanced by a reticence from
European and Domestic legislators to upset an important financial and social service industry which, if
removed from its quasi-legislative role, would require major investment from the European and
domestic public purse to effectively administer and regulate.
This dissertation has been considered in a light of general positivist theory. The influence of the
insurance industry on the law regulating insurance contracts has been analogous to Austin’s command
theory with the insurance industry as virtual sovereign in this area, whether directly, by self-regulation,
or circuitously by powerful lobbying of the European and domestic legislatures. Although Hart would
consider the fact that the industry is subject to any regulation, even self-regulation, to fail the command
theory, as the sovereign should not be subject to the law it imposes, self-regulation has been voluntary
and non-exhaustive with very little penalty for those members of the industry who did not submit to it.
The dissertation will examine the industry’s utilitarian argument that it brings the greatest benefit to the
greatest number by its policy of self-regulation, which maintains the lowest premium costs and
indemnifies the majority of claimants. However, the attitude of European and English law in the late
20th Century has moved far from the ideas of Bentham and Mill and recognised that intervention is
necessary to protect the consumer from the imbalance of negotiating power.
Method
It is proposed to conduct a small survey of insurance providers, regulatory bodies and organisations
representing small craft owners to ask what they perceive are the problems with providing insurance to
this particular consumer group, if any, and in what way the provision could be improved. Questions
will also address the effectiveness of external and self-regulation and the current law review.
Depending on the success of response it is hoped to be able to identify if this is merely an academic本英语毕业论文英语毕业论文网www.51lunwen.net提供
problem or if there is significant cause to call for the regulation of marine insurance contracts for small
craft owners to be implemented.
The dissertation will begin by summarising the emergence of the marine insurance industry from
ancient times to the present multi-billion pound industry. Its financial and social importance will be
considered and the weight this affords the industry in the political arena.
The existing literature on unfair contract terms in insurance contracts will be reviewed and considered
in light of the small craft owner. The regulation of insurance contracts both externally and by the
industry itself will be reviewed and the Law Commission’s Consultation considered for its potential
impact on this area of the law.
The external regulation of the industry domestically will be considered from the 1906 Act to the flurry
of regulation under the influence of the European Union on the English insurance industry in the late
20th century and the effect of this regulation on the small craft marine insurance industry.


42 The current Law Commission Issues Paper 1, ‘Misrepresentation and Non-Disclosure’, available
http://www.lawcom.gov.uk/insurance_contract.htm, identifies MAT as a category separate from
Consumer and Business (p.68) but expresses unease at the definition of MAT stating that ‘some
individuals with pleasure craft did need additional protection’ (p.92). However, it has so far suggested
no way of doing this and proposes the same treatment for MAT contracts as for any business contract
(p.92).
43 The introduction to the dissertation will briefly consider the social importance of insurance including
the industry’s own claims.
44 E.g. both The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts

Regulations 1994 were introduced in response to European Directives.
The industry’s self-regulation will be considered commenting on why the industry has followed the本英语毕业论文英语毕业论文网www.51lunwen.net提供
path it has and noting its reaction to proposed statutory regulation.
Then the problems that have been associated with unfair contract terms in insurance contracts will be
considered together with an appraisal of their effects on the small craft owner insured.
Proposed changes by way of the proposed bills to Parliament by the Law Commission in 1980 and
2002 will be considered. The origin of these proposals, their progress and the reasons they eventually
failed will be charted and considered. Any changes in and proposals to change self-regulatory
processes will be considered.
The current consideration by the Law Commission and the Scottish law Commission of the need for an
‘Insurance Contracts Act’ and the proposal to publish a Consultation Paper in summer 200745
following on from recommendations by the British Insurance Law Association46 (BILA) and other
eminent commentators47 will be examined. The extent to which BILA and the Law Commissions’
initial proposals seemed to be urging reform in this area of the law but now seem to be subjugated by
other considerations will be analysed and reasons proposed as to why this may be the case.
From this archival approach it is hoped that the dissertation will be able to examine and evaluate the
safeguards, if any, provided for the small craft insured in relation to unfair contract terms by the
industry’s self-regulation and domestic and European legislation, contrasting this with protection
afforded to other insurance consumers in different areas of insurance and under different jurisdictions.
If the conclusion is, as hypothesised, that the industry and legislatures are failing the small craft insured
then reasons for this failure will be suggested and recommendations made as to possible improvements
in this area of insurance law.
General Literature Review
This seems to be an area of law, which has been singularly neglected by academic commentators. Paul
Fletcher-Tomenius, Senior Lecturer-in-Law at the University of Wolverhampton, who wrote an article
on this problem in 2000, first drew the author’s attention to this apparent lacuna48.
The standard texts on marine insurance law effect little coverage to the small craft insured
concentrating mainly on the commercial client and considering unfairness in regard only to the
conventions regarding utmost good faith (uberrimae fidei)49, non-disclosure,50 misrepresentation and
insurable interest. These are areas which are important to the small craft insured as well but which are本英语毕业论文英语毕业论文网www.51lunwen.net提供
usually considered by the standard texts only in relation to commercial usage.
The small craft insured as a consumer has also received virtually no consideration in the texts but there
is coverage of the consumer protection measures introduced to regulate insurance contracts.
As this area of law seems to have attracted little attention from academic and practitioner texts various
websites have been searched and newsletters from associations who might consider this area subscribed
to.
After reviewing the main academic and practitioner texts, articles and websites there seems to be no
consideration of this particular group as a discrete insurance category or subsumed within another
category except for Fletcher-Tomenius’ article51. The attitude of those other authors that do identify
this group as falling between the commercial marine and consumer groups is to leave the consideration
of their particular problems for future review.
Therefore, the literature reveals that although the problem of the small craft insured has been
recognised by some it has only been addressed in Fletcher-Tomenius’ article, not because it is
irrelevant or inconsequential but because those who have identified have not been able to easily suggest
a way to solve it.
Bibliography
E.R. Hardy Ivamy, writing in 1985,52 in common with many other authors on this subject did not
really concentrate on the small craft owner. The potential unfairness of issues such as insurable interest,

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45 See http://www.lawcom.gov.uk/insurance_contract.htm last checked 30/11/2006.
46 BILA Secretariat, ‘Insurance Contract Law Reform’, 1st September 2002, see website note 47.
47 see Longmore L.J., ‘An Insurance Contracts Act for a New Century?’, The Pat Saxton Memorial
Lecture, 5th March 2001, available BILA website note 47..
48 Fletcher-Tomenius P., supra note 11.
49 MIA, s.17 states that contracts of marine insurance are ‘of the utmost good faith’ and if not observed
by either paty may be avoided by the other party.
50 MIA, ss.18 & 20, derived from the s.17 duty of utmost good faith.
51 See above note 11.
52 Hardy Ivamy E.R., ‘Marine Insurance’, Butterworths, London, 4th edition (1985).
non-disclosure, the doctrine of uberrimae fidei, and misrepresentation by the assured is considered but
as this pre-dates the Regulations and the book concentrates on commercial marine insurance there is no
consideration of the small craft insured or regulation of marine insurance contracts for unfairness.
‘The Modern Law of Marine Insurance’, edited by Rhidian Thomas,53 is a collection of essays by
noted academics in the area of marine insurance. In Chapter 1, ‘Perspectives on the Contract of Marine
Insurance’, Professor Rhidian Thomas considers the contractual effects of the doctrines of insurable
interest and uberrimae fidei and the duty of disclosure but does not consider the insured as a consumer
or the Regulations. Yvonne Baatz, in Chapter 10, promisingly titled ‘The impact of The EC
Conventions and Directives on Governing Law and Jurisdiction in Marine Insurance and Re-insurance
Contracts’, considers the Regulations but is mainly concerned with choice and conflict of law
considerations. She does helpfully state in a footnote54 with regard to the 1993 Directive and the
consequent Regulations that the aim of the Directive was to harmonise the law relating to unfair
contract terms in consumer contracts throughout the Member States in order to increase competition本英语毕业论文英语毕业论文网www.51lunwen.net提供
and increase consumer confidence within the Community. She does not comment on the effectiveness
of the Directive or the Regulations in achieving these ends. Therefore the essays typically do not
consider the development of consumer protection in marine insurance except in regard to choice of law
and then mainly for the commercial insured.
‘Butterworth’s Insurance Law Handbook’, edited by Jeremy Wood,55 starts promisingly in its preface
by stating that since the last edition of the book there had been a ‘revolution’ in insurance regulation
and mentioning the Regulations in association with this assertion. However it limits itself to
reproducing the Regulations without annotation56 and also reproducing the ‘Commission Proposal for a
Council Directive on the Coordination of laws, regulations and administrative provisions relating to
insurance contracts.’57
‘O’May on Marine Insurance’58 discusses insurable interest and good faith, encompassing nondisclosure
and misrepresentation. However, it does not consider the non-commercial insured.
The respected ‘Arnould, Law of marine Insurance and Average’59 deals with the problems of insurable
interest,60 misrepresentation and non-disclosure61 but does not consider these concepts in any way
unfair concentrating on the commercial aspects of marine insurance.
The very readable Susan Hodges’ ‘Law of Marine Insurance’62 which was written for postgraduate
students rather than practitioners deals, as usual, with insurable interest, non-disclosure and utmost本英语毕业论文英语毕业论文网www.51lunwen.net提供
good faith but does not consider the consumer small craft insured or the Regulations although she does
consider the contra proferentum rule and its possible application with regard to the construction of
warranties.63
Rod Margo’s ‘Aviation Insurance’,64 as the title suggests, deals with the analogous area of aviation
insurance. Indeed the area of marine insurance is usually extended to MAT insurance, Marine, Aviation
and Transport. Aviation insurance is an area that also now must include the consumer small plane
owner but Margo does not consider this category of insured in his work. He does consider insurable
interest, the duty of utmost good faith and non-disclosure as the aviation insurance law aspects of these
contracts are governed by the Marine Insurance Act 1906.
‘Birds’ Modern Insurance Law’65 being the most recently updated text contains a consideration of the
regulation of insurance including the Regulations and their effect on insurance contract terms.66
However, Birds still concentrates on the protection afforded the consumer by maintaining the solvency
of the insurer.

英语毕业论文英语毕业论文网www.51lunwen.net提供
53 Rhidian Thomas D. (Editor), ‘The Modern Law of Marine Insurance’, LLP, London (1996).
54 Ibid p.306.
55 Wood J. (Editor), ‘Butterworths Insurance Law Handbook’, Butterworths, London, 4th Edition
(1995).
56 Ibid para 1214 onwards.
57 Ibid para 3727.
58 Hill J. (Editor and Co-Author), ‘O’May on Marine Insurance’, Sweet & Maxwell, London (1993).
59 Colinvaux R.(Editor), ‘Arnould, Law of marine Insurance and Average’, Stevens & Sons, London,
16th Edition (1981).
60 Ibid volume 1, 331.
61 Ibid volume 2, 579 & 627 respectively.
62 Hodges S., ‘Law of Marine Insurance’, Cavendish, London (1996).
63 Ibid 121.
64 Margo R.D., ‘Aviation Insurance’ , Butterworths, London, 2nd Edition (1989).
65 Birds J & Hird N.J., ‘Birds’ Modern Insurance Law’, Sweet & Maxwell, London, 6th edition (2004).本留学生论文留学生论文网www.51lunwen.net提供
66 Ibid chapter 2 ‘The Regulation of Insurance’, pp.22-35.

A doctoral thesis, ‘The Reform of Insurance Contract Law for the Protection of the Consumer’ by
Martha Alicia Castanada Ballard,67 considers the general protection of the consumer insured.
In his article, ‘Marine Insurance of Small Craft: a case of Due Diligence?’ Fletcher-Tomenius
identified that the small craft insured was in an apparently unique category as regards consumer
protection. He considered the attitude of the insurance industry to attempts domestically and at
European level to afford consumer protection. The article focused on the problems in applying the
Regulations to contract terms especially with the inclusion in the preamble of the caveat that ‘…the
terms which clearly define or circumscribe the insured risk and the insurer’s liability shall not be…’
assessed for unfairness, which has been taken to include exclusions.68 Therefore unless the core terms
of a marine insurance contract are worded ambiguously or too technically to be easily understood by
the small craft owner they could not be severed under the Regulations, the normal fate of an unfair term
under the Regulations. Fletcher-Tomenius highlighted the effect of the Regulations on the industry’s
approach to its contracts was therefore merely to ensure they were worded clearly and intelligibly, not
that they were fair. He continues identifying as an example the due diligence proviso common to most
standard form contracts which puts the assured under an obligation to ensure that due diligence is used本留学生论文留学生论文网www.51lunwen.net提供
in the management of the vessel. This he submits may be severable under the Regulations for
unfairness when coupled with the usual negligence cover, even though this exclusion could be
construed, and usually is, a core term. The article comments that a true European interpretation of the
Regulations would apply them purposively to any insurance contract and concludes by suggesting that
the Office of Fair Trading (OFT) should deal with the apparent problems with the Regulations when
applied to small craft insurance by ensuring that Article 4.2 of the Directive69, the plain language test,
is applied by them in pre-litigation arbitrations. Interestingly Fletcher-Tomenius concludes the article
by asking the question whether the industry will itself take note of these problems and act rather than
by calling for external regulation.
Websites and Newsletters
The Insurance Ombudsman Newsletter70 considers unfair contract term regulation but has not, so far,
considered the small craft insured although being the apparent champion of the consumer insured.
The Association of British Insurers website71 contains rather more relevant information including
transcripts of various articles and speeches. For example, Stephen Sklaroff’s speech transcript72 dated
February 2006, argues against over regulation of the insurance industry generally arguing that any
approach to protecting the consumer should consider the consumer’s interest in macro-economic goals
as well! Sklaroff’s conclusion is, perhaps not surprisingly for an industry representative, that external
regulation should be avoided in favour of more self-regulation. This site provides a good coverage of
consumer/insurance industry relations and the social and financial value of insurance but most be本留学生论文留学生论文网www.51lunwen.net提供
viewed in the context of its industry bias.
The British Insurance Law Association website73 contains links to articles and speeches such as Hugh
Beale’s, from the Law Commission,74 where he considered the Law Commissions project researching
into insurance contract law.
Lloyd’s of London website75 and publication ‘Lloyd’s Market’ provides much useful general insurance
information although, again, the necessary slant to the industry must be considered when analysing any
information on the site or its links.
The industry publication ‘Insurance Day’ considers topical insurance industry related issues including
regulation of insurance contract terms but has little coverage of the small craft insured and is written
from an industry perspective.
The industry publication ‘Liability, Risk and Insurance’76 contains useful considerations of topical
insurance industry issues but has little information regarding the small craft insured.
The Law Commission website77 contains information on the joint consultation by the English and
Scottish Law Commissions on the subject of the fairness of insurance contracts for the consumer. At本留学生论文留学生论文网www.51lunwen.net提供


67 Ballard, M.A.C., 2003,B7 (B.L. DXN066831).
68 Fletcher-Tomenius P., supra note 11. at page 66.
69 Council Directive 93/13.
70 Accessible from the FOS website http://www.financial-ombudsman.org.uk
71 http://www.abi.org.uk
72 Ibid dated February 2006.
73 http://www.bila.org.uk
74 Ibid dated 19th January 2006.
75 www.lloyds.com
76 Published by Informa UK Ltd, 30-32 Mortimer Street, London, W1W 7RE: www.informa.com

present they have published on the site a scoping paper78, Issues Paper 1:79 Misrepresentation and Non-
Disclosure, Issues Paper 2:80 Warranties, and further Issues Papers on Agency and Post-contractual
Good Faith to be published in early 2007 with the Consultation final report in summer 2007.
The Financial Services Authority website81 contains information regarding the regulation of financial
institutions such as insurance companies but is primarily concerned with maintaining their solvency
and prohibiting money laundering although it does administer the Insurance Conduct of Business Rules
(ICOB) which re mainly concerned with providing adequate information to the consumer.
The Better Regulation website82 contains information on how the government and businesses intend to
improve commercial efficiency by cutting red tape. This involves considering whether reducing
regulation would still offer the consumer adequate protection. No specific insurance proposals are
available on the site at present.
The Maritime and Coastguard Authority (MCA) website83 contains useful information on the
regulation and categorization of small craft.
Similarly the Small Ships Group (SSG) website.84
Schedule
The survey will be designed by 31st January and submitted to all intended recipients by mid-February.
It is hoped to have a response statistically large enough to use by mid-March and to have written
considerations of the results by the end of March.
Research into the background of the insurance industry and its external and self-regulation has been,
virtually concluded and chapters 1 and 2 dealing with this will be drafted by 28th February.
The literature on insurance law and unfair contract terms will be further researched and reviewed by
the end of March and will compose chapter 3.
The Law Commission’s Consultation paper is scheduled for publication in summer 2007 but the extant
published material will be examined and its effect considered on small craft insured after the next issue
paper in February. This will be completed by mid-April. This will form the fourth chapter together with
the results of the survey.
The draft conclusions and recommendations will be finished by the first week in May.
The bibliography and referencing will be compiled during the research and drafting.
Hand-in date Monday 21st May.
Timetable
31 January: Finished design questionnaire.
14 February: All intended recipients to have received copy.
28 February: Initial chapters dealing with insurance industry generally and external and internal
regulation drafted.
14 March: Responses in.
31 March: Written considerations of results and final literature review.
14 April: Draft consideration of Law Commission’s issue papers.
7 May: Draft conclusions and recommendations.
21 May: Hand in date.
76 http://www.51lunwen.net
77 http://www.lawcom.gov.uk
78 Ibid dated August 2006.
79 Ibid dated September 2006.
80 Ibid dated November 2006.
81 www.fsa.gov.uk
82 www.betterregulation.gov.uk : last checked 8/12/06
83 http://www.mcga.gov.uk
84 www.imarest.org/ssg/

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