ABSTRACT
At the 1860 Glasgow Conference there was a heated debate between those who would allow the damage caused by voluntary stranding as a matter of principle, and those who would disallow it on the ground of uncertainty of proof. Thus far the Rule dealt only with two situations where, contrary to principle, it was intended to exclude from general average damage caused in consequence of voluntary stranding, the purpose of the exclusion being to reduce the opportunities that were thought to exist for fraud and abuse, and not any point of principle. On the other hand, if, as a result of the voluntary stranding, loss or damage is sustained by parties who are not involved in the common maritime adventure, it has now been made abundantly clear since the 1994 amendment to the Rule that any claim in respect of such loss, damage or expense cannot be brought within general average by virtue of this Rule V.
