CERTIFICATE IN MARINE

SALVAGE LAW
Module One: General Principles of Salvage

Course Director
Archie Bishop
Consultant and Former Senior Partner of
Holman Fenwick Wilan
1. Welcome
Welcome to the Certificate in Marine Salvage Law.

Marine salvage encompasses a diverse range of operations and processes that flow from rescuing
ships, cargo or other property from danger and in so doing protect the environment. A diverse range
of organisations and individuals play various parts. All of these players and processes operate within a
complex framework of legal principles, conventions, forms and contracts.

In recent years, there have been many developments and changes in the working practices of salvors
and in the law which governs them, and it is more important than ever for anyone involved, or
potentially involved, in any aspect of salvage to have a solid and up-to-date understanding of the
relevant legal principles that govern all parties in any salvage operation.

As a participant in this programme, you will be learning the legal issues that can arise in any salvage
operation from experienced legal practitioners with practical experience. Knowledge of these issues
and the legal principles underpinning them will be invaluable to you, whether directly or indirectly
involved in salvage or towage operations, as a salvor, shipowner or manager; or as a professional
working in sectors such as insurance, surveying or investigation.

Remember to use the online course forum to ask questions, discuss issues with your fellow students
and share your ideas.

I am sure you will enjoy this invaluable programme and am delighted to welcome you as a participant.

Archie Bishop

Course Director
Consultant, Holman Fenwick Willan

Sample Module: General Principles of Salvage 2

2. Structure of The Course
The Certificate in Maritime Salvage Law is divided into six modules. Each module will be made available
for you to download from the Lloyd’s Maritime Academy course website. You can save the PDF files to
your computer or print them off to read at a time convenient to you.

Each module has an online assessment that is accessed via the online learning portal. Please see your
Welcome Pack for more details.

The module content is summarised below:

Module 1 – General Principles of Salvage

• History

• Definition

• Salvage distinguished from towage

• Common law or contractual salvage

• Four essential characteristics of salvage

Volunteer

Success

Subjects of salvage

Danger

• Abandonment

Module 2 – The Salvage Convention 1989

• History

• Chapter I

Article 1 – Definitions

Article 2 – Application of the convention

Article 3 – Platforms and drilling units

Article 4 – State-owned vessels

Article 5 – Salvage operations controlled by public authorities

Article 6 – Salvage contracts

Article 7 – Annulment and modification of contracts

Sample Module: General Principles of Salvage 3

• Chapter II – Performance of salvage operations

Article 8 – Duties of the salvor and of the owner and master

Article 9 – Rights of coastal states

Article 10 – Duty to render assistance

Article 11 – Co-operation

• Chapter III – Rights of salvors

Article 12 – Conditions for reward

Article 13 – Criteria for fixing the reward

Article 14 – Special compensation

Article 15 – Apportionment between salvors

Article 16 – Salvage of persons

Article 17 – Services rendered under existing contracts

Article 18 – The effect of salvor’s misconduct

Article 19 – Prohibition of salvage operations

• Chapter IV – Claims and actions

Article 20 – Maritime lien

Article 21 – Duty to provide security

Article 22 – Interim payment

Article 23 – Limitation of actions

Article 24 – Interest

Article 25 – State-owned cargoes

Article 26 – Humanitarian cargoes

Article 27 – Publication of arbitral awards

Module 3 – Lloyd’s Open Form

• History

• Administration

• Lloyd’s Open Form 2011

Sample Module: General Principles of Salvage 4

 Property to be salved

Currency of award

The SCOPIC clause

Clauses A–L

Important notices

The LSSA (Lloyd’s Standard Salvage and Arbitration) clauses (1 to 15)

The Procedural Rules (1 to 8)

• Fixed cost arbitration procedure

• Statistics

• ISU (International Salvage Union) award sharing contract

• Miscellaneous supplementary documents

Lloyd’s guarantees

ISU award sharing agreement

ISU guarantees 1,2,3,4,5,6

Module 4 – The Special Compensation P&I Club Clause (SCOPIC 2011)

• The problem

• The solution

• Ten essential elements of SCOPIC

• Appendix A

• Appendix B

• Appendix C

• SCR (Special Casualty Representatives) guidelines

• SCR digests

• Code of conduct between ISU and International P&I Group

• Code of conduct between International P&I Group and property underwriters

Module 5 – Other Salvage and Related Contracts

• The Japanese form

Sample Module: General Principles of Salvage 5

• The Turkish form

• The Chinese form

• The Moscow form

• The German form

• Towage contracts

Towcon 2008

Towhire 2008

• Wreck removal contracts

Wreckfixed

Wreckstage

Wreckhire

Module 6 – Other Conventions/Guidelines

• Nairobi wreck removal convention

• UNESCO Convention on the Protection of Underwater Cultural Heritage 2001

• London Dumping Convention

• IMO guidelines on places of refuge

• IMO/MSC Guidelines on the Control of Ships in an Emergency

• EU Directive on Ship Source Pollution

Sample Module: General Principles of Salvage 6

3. Introduction
It must be made clear that this course is based on English law and whilst, by virtue of the spread of its
common law to many other nations and the wide acceptance of the Salvage Convention 1989, this is
very similar to the laws of many other countries, there may be differences in other jurisdictions which
are not known to the authors.

Those who complete this course will have a much better understanding of the principles of salvage law
and sufficient knowledge to play an effective part in the handling of a modern-day salvage claim
whether it be from the point of view of the shipowner, underwriter, P&I Club, salvage contractor or
indeed a Salvage Master.

The notes in the course are necessarily brief but can be expanded, should the student desire, by
reference to either or both of the two Bibles of the salvage practitioner, Brice on Maritime Law of
Salvage – 4th Edition, edited by John Reeder (Sweet and Maxwell) and Kennedy and Rose on the Law
of Salvage (Sweet and Maxwell).

Useful websites include:

• Lloyd’s Agency – which sets out the wording of all LOF related contracts, gives salvage statistics and
reports on current cases as they take place
• The International Salvage Union (ISU) website
• The Comite Maritime International website – which gives details of its work including its recent
review of the Salvage Convention
• The International Marine Organisation – which lists the countries in which the Salvage Convention is
in force

You will find “salvage” a most interesting and colourful branch of the Law – Relax and enjoy it!

Learning Outcomes
On successfully completing this module you will be able to:
• Understand the general principles that underpin modern salvage law.
• Appreciate the distinction between common law salvage and contractual salvage.
• Learn the four essential elements of any salvage claim

Sample Module: General Principles of Salvage 7

4. History of Salvage
A claim for salvage is a very ancient right, one that can be traced some 3,000 years to the laws of the
ancient Greeks and the Rhodian maritime code. Until recently, it has always been based on the
principle of “no cure – no pay”. If you fail you are entitled to nothing, but if you succeed you will be
rewarded generously. There are clear references to it in Roman law; the Laws of Oleron of 960; the
maritime law of Visby of 1219 (under which the amount of the salvage award was to be assessed by
an arbitrator); the maritime law of Lubeck of 1299 (which provided that a salvor should receive 1/20th
of the salved fund); and in the 16th century law of Trani (which provided that a salvor should receive
half of the value if the property had initially been afloat, and two-thirds if beneath the sea).

In England, an Act passed in the reign of King Edward III in 1352 provided that salvage services should
be properly rewarded and as Britain’s sea trade developed, there are many references to salvage
claims in the records of the English common law and courts of equity in the 17th, 18th and 19th
centuries. In those times cases were generally subject to the jurisdiction of the courts and there were
few, if any, arbitrations. As a result, considerable case law was established, particularly by the
Admiralty Court in the 19th and early 20th centuries. Cases which still have relevance today.

At the beginning of the 20th century, the law of salvage was codified by the Salvage Convention of
1910. While the UK was a signatory to that Convention it did not actually pass an Act to endorse it for
much of the Convention was already part of English common law. Such changes as were necessary to
comply with the Convention related to the time for commencement of proceedings and were
incorporated into section 8 of the Maritime Conventions Act 1911. (Now section 190 of the Merchant
Shipping Act 1995).

The twentieth century also brought with it the world’s first international salvage contract. Conceived
in 1894 as a salvage contract for a casualty in the Dardanelles, Lloyd’s Open Form (LOF) was published
for international use in 1908. LOF was (and still is) subject to English law and, therefore, incorporated
all English case law (the common law). It was (and still is) subject to arbitration which over the years
has gradually taken over and replaced the salvage actions previously dealt with by the Admiralty Court.
More and more cases were heard and decided by way of arbitration and fewer and fewer by the
Admiralty Court. As a result, there are fewer judicial precedents in the late 20th century though a
whole raft of arbitral precedents have been built up by the arbitration system under Lloyd’s Form (see
LOF Digest published by Lloyd’s).

In the latter part of the 20th century there was a move to amend the 1910 Convention. This gained
momentum following the grounding of the Amoco Cadiz in 1978 off the north-west coast of France,
which resulted in a spill of some 220,000 tonnes of crude oil on a beautiful and rocky coastline causing
immense damage to tourism and fisheries. The consequence was the 1989 Salvage Convention which,
as we will see later, whilst endorsing much of the English common law of salvage, made fundamental
changes and additions to it.

4.1 An Anomaly of Maritime Law

Salvage is not only an ancient right but one peculiar to maritime law. If I see my neighbour’s house on
fire and voluntarily extinguish it, I am not entitled to any remuneration for so doing. However, if the
master and crew of the ship come across another vessel on fire and extinguish that fire, or save, or
contribute to saving it, from any other danger, they will be entitled to a salvage award. This right to
salvage is based on a long-standing public policy of the ancient world. The seas can be very lonely and
a ship may not see another for many days or weeks. When in difficulty it is not always easy to find

Sample Module: General Principles of Salvage 8

assistance. The entitlement to salvage encourages others to assist, and by giving that encouragement,
discourages any temptation there might otherwise be to engage in piracy.

Those ancient reasons for the right to salvage hold good today, notwithstanding the greater presence
of ships on the sea and modern communication, which permit immediate calls for assistance. However,
in recent times, another reason has been added – the protection of the environment. The Salvage
Convention of 1989 in its preamble states:

“NOTING that substantial developments, in particular the increased concern for the protection
of the environment, have demonstrated the need to review…”

“CONSCIOUS of the major contribution which efficient and timely salvage operations can make
to the safety of vessels and other property in danger and to the protection of the environment.”

“CONVINCED of the need to ensure that adequate incentives are available to persons who
undertake salvage operations in respect of vessels and other property in danger.”

To promote the new objective, the protection of the environment, the Convention imposes a new
obligation on the salvor to exercise due care to prevent damage to the environment and makes
provision for a new fail-safe system of remuneration to the traditional salvage award. The old “no cure
– no pay” rule of salvage has been breached. Under Article 14, a minimum award, called special
compensation, can now be given whenever there is a threat of damage to the environment and the
traditional award is insufficient. Thus, the modern-day salvor is not only encouraged to go to the
assistance of ships and property upon the sea but also, when salving them, to prevent and minimise
damage to the environment. We shall be discussing these provisions in greater detail in Module 2.

4.2 Definition of Salvage

American judges have defined salvage as meaning:

“A service voluntarily rendered in relieving property from an impending peril at sea by those
having no obligation to do so.”
Phelan v Minges (1959) AMC 975.

The 1989 Salvage Convention (Article 1(a)) defines “salvage operations” as:

“The act or activity undertaken to assist a vessel or any other property in danger in navigable
waters or in any other waters whatsoever.”

However, one of the most complete definitions is that given by the late Geoffrey Brice QC in his book
Maritime Law of Salvage:

“In English law the right to salvage arises when a person, acting as a volunteer, preserves or
contributes to preserving at sea any vessel, cargo, freight or other recognised subject of
salvage in danger.”

An excellent definition that incorporates the four essential ingredients of salvage:

• to be a volunteer;
• to preserve or contribute to preserving;
• a recognised subject of salvage;
• which is in danger.

Sample Module: General Principles of Salvage 9

We shall deal with each ingredient in greater detail later in this module.

4.3 Salvage Distinguished from Towage

In the late 19th century and the early 20th century, with the advent of the steam-powered tug, there
was often a dispute as to whether, in law, a service was towage or salvage. The difference was
important, for salvage is generally rewarded more generously than towage. The legal difference is
rarely a problem today, for both salvage and towage are normally carried out under contracts that
make clear whether it is for towage or salvage. A modern-day towage contract, such as “Towcon” or
“Towhire”, specifically excludes any claim for salvage (however, note services outside those
contemplated by the contract can be salvage – see paragraph 1-038) and salvage is normally carried
out under a contract that makes clear that it is a salvage contract (Lloyd’s Open Form – LOF).

The distinction between towage and salvage, therefore, is rarely a problem today but it was frequently
a problem in the days of sail and steam. Sailing ships that had become becalmed or defeated by the
tide would often take a tow from a steam tug to save time. Was this, in law, towage or salvage? In The
Reward (1841), which involved such a dispute, it was said:

“A towage may be described as the employment of one vessel to expedite the voyage of
another when nothing more is required than the acceleration of her progress.”

In The Princess Alice [1849] 3 W Rob 138, the Admiralty Judge said:

“I apprehend that mere towage service is confined to vessels that have received no injury or
damage, and that mere towage is payable in those cases only where the vessel receiving the
service is in the same condition she would ordinarily be in without having encountered any
danger or accident.”

The essential difference between salvage and towage is therefore primarily one of danger but there
are also other practical differences. The following summarises those differences:

(i) Salvage requires an element of danger whilst towage does not;

(ii) Normally salvage involves a claim against both the shipowner and the cargo owner
whilst towage normally only involves the shipowner;

(iii) A successful salvage claim requires ultimate success whilst towage often does not

(iv) Salvage gives rise to a maritime lien whilst towage only gives a right to a statutory lien.

4.4 Common Law or Contractual Salvage

A person’s right to claim salvage is not dependent upon the existence of a contract. If he renders a
salvage service he is entitled in common law (and now statutory law) to claim salvage, even if the
services were rendered without the consent of the owner or even in the face of a refusal, if that refusal
was unreasonable. (We will deal with these exceptions in greater detail in Module 2.) Salvage claims
that are not carried out under contract are generally known as common law salvage claims.

However, while there are still common law salvage claims, today the vast majority of modern-day
salvage operations are carried out under contract. Some contracts, such as those for wreck removal,

Sample Module: General Principles of Salvage 10

are simply for work and labour at fixed hourly or daily rates or for a lump sum. Such contracts usually
specifically exclude most salvage principles. Other contracts are specifically designed salvage
contracts, such as LOF, which accepts the common law and statutory principles of salvage and requires
the contractor to salvage the designated property on a “no cure – no pay” basis. It is principally this
type of contract with which this course deals.

The Salvage Convention of 1989 has largely codified salvage law and both common law and contractual
salvage claims are governed by it. However, it should be noted that the Convention is not the exclusive
source of salvage law. Where silent on a particular issue or where there is uncertainty as to its meaning,
the old English common law rules continue to apply. Numerous examples of this will be seen later in
this module. It should also be noted that it is possible to contract out of most of the provisions of the
Salvage Convention (see Article 6.1). Those that cannot be contracted out of are limited to the
annulment or modification of contracts (see Article 7) and the duty of the salvor, the owner and the
master to prevent or minimise damage to the environment (see Article 6.3).

4.5 The Four Essential Characteristics of Salvage

As we have seen from the definition of salvage, there are four essential ingredients to a common law
salvage claim:
1. To be a volunteer;

2. To be successful;

3. For the property salved to be in danger;

4. For there to be an element of danger.

While these are not all essential elements to a salvage contract (which, like LOF, accepts that the vessel
is in danger and that the property to be salved is a proper subject of salvage) they are all essential
elements to a “common law” salvage claim. We will, therefore, examine each in some detail.

4.5.1 Volunteer

To be entitled to recover salvage remuneration for a common law salvage claim, the salvor must be
recognised in law as a volunteer. There is no guidance or limitation to be found in the 1989 Salvage
Convention as to what constitutes a volunteer, and to resolve this problem we need to look at the old
English common law position. Generally speaking, the owners, masters and crew of a vessel or vessels
rendering the salvage assistance will be volunteers, but there are cases where they are not and it is
easier to describe the exceptions.

Broadly, the exceptions come under two headings:

1. where there is pre-existing contractual duty to act; and

2. where there is a statutory duty to act.

Sample Module: General Principles of Salvage 11

4.5.2 Pre-existing Contractual Duty to Act

A person acting under a pre-existing contractual duty will not be recognised as acting in a voluntary
capacity. This is reinforced by Article 17 of the 1989 Salvage Convention which provides:

“No payment is due under the provisions of this Convention unless the services rendered
exceed what can reasonably be considered as due performance of a contract entered into
before the danger arose.”

However, it would seem that a contractual duty to act for one person does not preclude a claim against
a third party who was not privy to the contract and to whom no duty was owed (The Sava Star [1995]
2 Lloyd’s Rep 134 and The Sarpen [1916] P 306).

The following are examples of a pre-existing contractual duty to act. To be permitted to claim salvage,
the claimant must prove what he did was outside the scope of his pre-existing contractual relationship
– something that was not envisaged by the parties when they contracted.

4.5.3 Towage Contract

A typical example of a contractual obligation under a towage contract would be for the tug to
reconnect if the towline broke at any point. It may not be stated in the contract, but it is something
that could be reasonably envisaged by the parties when they entered into it and the tug would not be
able to claim salvage for so doing. However, if the towline broke, through no fault on the part of the
tug, and the ship ran aground before the towline could be re-established, no one would expect any
subsequent service to refloat the ship to be governed by the towage contract. It would be work of a
very different nature and outside the scope of the work envisaged by the contract. In such
circumstances, salvage could be validly claimed (The Minnie Haha [1861] Lush PC 335).

4.5.4 Pilotage

Similarly, a pilot has a duty to navigate the vessel within his designated area. However, if that vessel
were to ground through no fault on his part, perhaps because of a steering failure, and he were to
assist in her refloating with his knowledge of the locality, tides and currents, he would be entitled to
claim salvage, for the assistance he rendered was not a service contemplated by the terms of his
original contract (The Aeolus (1873) Asp MLC 516 at 518 and The Luigi Accame (1938) 60 Ll L Rep 106):
“A pilot is entitled to claim salvage if the ship is in danger by reason of circumstances which could not
reasonably have been contemplated when he was engaged and the services rendered could not
reasonably be regarded as being within the scope of his engagement.” (The Aldora [1975] Lloyd’s Rep
617 at 623).

4.5.5 Ship’s Crew

The crew of the ship, under the terms of their employment, are under a duty to safeguard the vessel.
So, if there were to be a fire on board or anything else untoward were to happen which endangered
the ship, they would not normally be entitled to make a claim for salvage, for any assistance they gave
would be a duty imposed by the terms of their contract. If, on the other hand, they had legitimately
and reasonably abandoned the ship (thereby releasing them from their duties of employment) and
some time later re-boarded her, extinguished the fire and took her to safety, they would be entitled
to a salvage award (The San Demetrio (1941) 69 Ll L Rep 5).

Sample Module: General Principles of Salvage 12

4.5.6 Tugs on Governmental Salvage Stations

In recent years, to protect their coastlines a number of governments (South Africa, France, Germany,
Holland and the UK) have entered into arrangements with tug owners for the provision of station tugs
in pre-designated areas with a view to ensuring salvage assistance is readily available if required. The
precise terms of these governmental contracts vary but, generally speaking, they provide that if the
station tug ultimately has to provide salvage assistance she is released from her government contract.
Such a provision is designed to protect the volunteer status of the salvor. However, it is probably not
necessary for as we have seen above it would seem no duty is owed to a third party who is not privy
to the contract. The quid pro quo for releasing the tug from her government contract is usually that
the government shares in the salvage award in some way.

4.5.7 The Royal National Lifeboat Institution (RNLI)

The RNLI is a charity which operates around the coast of the UK. Its sole purpose is the saving of life at
sea. As we shall see, the salvage of life does not give rise to a claim against that life but if property from
the same accident is salved, it does give rise to a claim against that property (Article 16 Salvage
Convention). As the RNLI and the crew of its lifeboats have a duty to save life, they cannot benefit from
these provisions, but in many cases, aside from saving life they do actually assist in saving property. In
such circumstances they would be entitled to claim salvage against that property. In the event, it is the
policy of the RNLI not to claim salvage against property. However, they permit their crews to claim and
this they often do.

The attitude of the courts towards such claims is illustrated by two cases:

(1) In The Viscount [1996] 1 Lloyd’s Rep 328, the judge said:

“The primary duty of lifeboat men manning lifeboats and by the Royal National
Lifeboat Institution is the saving of life. It must be clearly understood that in the course
of standing by to save life, this court is giving no encouragement to lifeboat men to
get a line on board a disabled vessel at all costs; but nevertheless they must be
encouraged to stand by and give such assistance without unduly risking the craft,
where necessary.”

(2) In The Africa Occidental [1951] 2 Lloyd’s Rep 10, the judge said:

“If lifeboat men, at their own risk, go beyond what is strictly required in the
performance of their main duty of saving life, what they do can only be regarded as
highly meritorious, and ought to be remunerated by an award which will encourage
them, and others, in the future.”

4.6 Statutory Duty

Some persons and organisations are prevented from claiming salvage as they have a statutory duty to
act and, therefore, are not volunteers.

4.6.1 Fire Brigades

A prime example of this would be a fire brigade in the UK. Under the Fire Services Act 1947, a fire
authority has a duty to assist in extinguishing any fire. It follows that a fire authority or its firemen are
not volunteers and are not entitled to claim salvage for services rendered within their jurisdiction or

Sample Module: General Principles of Salvage 13

designated area of work. For some time, it was thought that this did not prevent a fireman claiming
salvage for work done outside his area of work. However, in a Lloyd’s Form arbitration, the appeal
arbitrator found that the expense of a professional salvor who paid a local fire brigade to come to the
assistance of a ship at sea, even though it was outside their normal jurisdiction or designated area of
work, was not a recoverable expense by reason of section 4 of the Fire Services Act 1947 which
expressly forbids a fire authority to charge for its services, even for work outside its jurisdiction. The
decision was an unhappy one for many, including the UK government, felt such arrangements should
be encouraged and, as a result, legislative changes were made. Section 19 of the Fire and Rescue
Services Act 2004 gives the Secretary of State power to authorise a fire brigade to charge for its services
when they are carried out as part of a salvage operation.

The above should be distinguished from private fire brigades, such as those created for a specific
installation. In such cases much would depend on whether they had a contractual duty to act and to
whom that duty was owed.

4.6.2 Port Authorities

In a recent case before the Supreme Court of South Africa, the port authority whose tugs had rendered
services in the nature of salvage to a visiting ship, were found to be unable to claim a salvage award
for their successful efforts because under the relevant harbour regulations the port authority had a
general statutory obligation to furnish tug and towage services to users of the port. (Transnet v The
m.v. Cleopatra Dream (163/10) 2011 ZASCA 12 (11 March 2011)

4.6.3 The Royal Navy and Royal Air Force

One of the principal duties of the armed forces of the UK is to protect shipping from hostile attack.
They are, therefore, not entitled to claim salvage for so doing.

In The FD Lambert [1917] P 232, the judge said:

“…the Court must be very careful indeed not to lay it down that whenever such protection is
afforded by one of His Majesty’s ships the services thus rendered are to be rewarded by
salvage remuneration.”

In The Belle [1809] All ER 165, while evacuating British troops from Corunna, a ship grounded
accidentally and was abandoned. A naval officer, at great personal risk, boarded and refloated her. It
was held that he had been performing his duty and thus was not entitled to salvage.

However, while the Royal Navy have a duty to protect nationals from warlike operations they have no
duty to proceed to the assistance of other ships in a non-war situation, so if they render salvage
services they are not precluded from claiming by reason of not being a volunteer.

An interesting point arises from the recent piracy cases off Somalia. Many naval ships are present
protecting merchant shipping. If they prevent an act of piracy would they be able to make a valid
salvage claim against the salved property? A British naval vessel protecting a British ship would
probably not be able to, but what if she protects a foreign flag vessel? Again, probably not for that’s
the very reason she has been sent to the area but much would depend on her duty under the
international arrangement that has been made. What about those who negotiate and pay the
ransoms? It is likely that they would be prevented from claiming because they have a duty under their
contract to do what they do.

Sample Module: General Principles of Salvage 14

Section 230(2) of the Merchant Shipping Act 1995 provides that where salvage services are rendered
by or on behalf of Her Majesty, Her Majesty shall be entitled to claim salvage in respect of those
services to the same extent as any salvor and shall have the same rights and remedies. However, it
should be noted that no claim can be made by the commander or crew of any of Her Majesty’s ships
without the consent of the Secretary of State for Defence (section 230(3)).

4.6.4 HM Coastguard

The coastguards’ duties include assisting vessels in distress, and to that extent, in rendering services
of a salvage nature they are performing their public duty. It follows that generally they are not
volunteers and cannot claim salvage. However, if the services they render are outside their public duty,
a salvage claim could be made.

4.6.5 Motive is Irrelevant

The motive of the salvor in rendering the service does not prevent him from being a volunteer. A
professional salvor’s principal motive is to earn money from salvage but this does not prevent him
from being a volunteer. In an American case, The Lee (1884) 24 F 47, it was said:

“It is important to note that the concept of salvage does not require that the salvor’s act out
of any spirit of charity or social concern. Rather the purpose of the salvage award is to
encourage individuals to render prompt assistance where needed at sea. Thus, the fact that
the plaintiffs have been motivated by the opportunity for material gain does not prevent them
from receiving an award for salvage.”

This is reinforced by Article 13 of the Salvage Convention (Article 13.1(i) and (j)) which clearly envisages
that salvage will be carried out by professional salvors.

Nor does the motive to save one’s own life disentitle one to a salvage claim if there is still a voluntary
act. In The Lomonoscoff [1921] P 97, British and Belgian officers in enemy territory, of their own
volition, boarded and took control of a captured ship and then escaped with the ship from the
Bolsheviks. Their principal objective was to save themselves but in so doing they also saved the ship
for her legitimate owners. They were held to be entitled to salvage (see also The Sava Star [1995] 2
Lloyd’s Rep 134 and The San Demetrio (1941) 69 Ll L Rep 5).

Sample Module: General Principles of Salvage 15

 You have reached the end of the sample module of our
Certificate in Marine Salvage Law. To read more, you can
apply for the course online at:
www.lloydsmaritimeacademy.com/marine-
salvage-apply-now

© Copyright IIR Limited 2018. All rights reserved.

These materials are protected by international copyright laws. This manual is only for the use of course participants undertaking this course.
Unauthorised use, distribution, reproduction or copying of these materials either in whole or in part, in any shape or form or by any means
electronically, mechanically, by photocopying, recording or otherwise, including, without limitation, using the manual for any commercial
purpose whatsoever is strictly forbidden without prior written consent of IIR Limited.

This manual shall not affect the legal relationship or liability of IIR Limited with, or to, any third party and neither shall such third party be
entitled to rely upon it. All information and content in this manual is provided on an “as is” basis and you assume total responsibility and risk
for your use of such information and content. IIR Limited shall have no liability for technical errors, editorial errors or omissions in this manual;
nor any damage including but not limited to direct, punitive, incidental or consequential damages resulting from or arising out of its use.

Lloyd's and the Lloyd's Crest are the registered trademarks of the Society incorporated by the Lloyd's Act 1871 by the name of Lloyd's.

Sample Module: General Principles of Salvage 16