ABSTRACT

Allowances for loss or damage to cargo, and for the depreciation arising from unrepaired sacrificial damage to ship, will carry a right to interest under Rule XXI. The wording of the Rule until 1994 placed a considerable restraint upon average adjusters practising in those countries where it has been considered equitable to allow interest to run until the estimated date of settlement. The allowance of interest is made on all items of "expenditure, sacrifices and allowances charged to general average", and not merely on disbursements. The Rule provides that due allowance shall be made for settlements on account by any of the contributory interests or from the general average deposit fund. The British Maritime Law Association (BMLA) proposal excited a great deal of interest when it was discussed at working meetings of the International Sub-Committees of the Comite Maritime International (CMI) and International Association of European Average Adjusters (AIDE).