Mr Maximilian Guth

Maximilian Guth

Lawyer biography

Maximilian Guth , born 1975, German lawyer since 2004, Solicitor of England & Wales since 2007. Legal studies at the Universities of Constance, Lausanne and Munich. Clerkship at the Munich Court of Appeal. LL.M.-Programme in Maritime Law at the University of Southampton. Qualified Lawyers Transfer Test at the College of Law in London. Ph.D. in a Ship Finance related Marine Insurance matter at the University of Hamburg. Experience with different (Maritime) Law Firms within Germany and abroad (UK, Spain and Peru). Joined Dabelstein & Passehl in 2010.

Focus of Practice

Within the area of German, English and International Transport Law focused on Maritime Law, especially Marine Insurance, Trade, Carriage of Goods by Sea, Admiralty and Ship Finance. Also advising on financial and legal questions relating to renewable energy, including setting up funds under the “German KG-system”, legal advice relating to offshore activities, German Agricultural Law and Environmental Law as well as within the area of German Law relating to the distribution of investment funds, private equity and asset management including advice on obtaining public permission thereto (§ 32 KWG).

Publications

Multimodal Transport under English Law: Do we need a new multimodal Convention from an English point of view?
LL.M.-Thesis, University of Southampton, 20.03.2006

Auswirkungen der Reformvorschläge der VVG-Kommission auf seeversicherungsrechtliche Obliegenheiten, dargestellt am Beispiel der vorvertraglichen Anzeigepflicht nach §§ 19 ff.
ADS - Seminar in Hamburg 10.03.2005


Updates

Insurance

Pleasure yacht insurance: navigating without up-to-date charts and proper voyage plan
Germany | 02 July 2019

In a notable hull insurance case, the Celle Court of Appeal dismissed an action brought by an assured pleasure yacht owner who had been sailing on the Baltic Sea and ran aground. The case facts suggest that assureds are often unaware of the impact that outdated chart materials can have on hull insurance and liability cover.

Shipping & Transport

Pleasure yacht insurance: navigating without up-to-date charts and proper voyage plan
Germany | 03 July 2019

In a notable hull insurance case, the Celle Court of Appeal dismissed an action brought by an assured pleasure yacht owner who had been sailing on the Baltic Sea and ran aground. The case facts suggest that assureds are often unaware of the impact that outdated chart materials can have on hull insurance and liability cover.

York-Antwerp Rules 2016 – what has changed?
Germany | 26 October 2016

In view of the Baltic and International Maritime Council's recent decision to incorporate the York-Antwerp Rules 2016 into its standard contracts, the amendments appear to have been accepted by the ship-owning community. Under German law, the York-Antwerp Rules are treated as standard terms and conditions. As such, they are subject to the Civil Code sections which deal with unfair contract terms.

Piracy: new rules on use of private maritime security companies
Germany | 06 February 2013

The German Parliament recently approved new rules on the use of private maritime security companies onboard German flagged vessels to fight piracy. Private maritime security companies must now be licensed under the new scheme, which is far more demanding than its predecessor. The new rules provide a clear legal framework for the licensing process and ensure that the quality of services is safeguarded.

Sea carrier's right to limit liability when engaging sub-carrier
Germany | 22 June 2011

A recent Stuttgart Court of Appeal decision partly reinstated the rule whereby no party is obliged to give evidence against itself in connection with sea carriage where a sub-carrier is engaged. It allows the carrier to limit its defence in relation to the question of whether it has the right to limit its liability according to Section 669(3) by alleging that it acted with due diligence when choosing the sub-carrier.

No 'cherry picking' when assessing damage in Article 29 cases
Germany | 15 December 2010

There has been much debate about German jurisdiction concerning the Convention on the Contract for the International Carriage of Goods by Road (CMR). The Federal Supreme Court recently dismissed an appeal ruling that the claimant could claim full compensation and, if it chose, calculate its damages according to Articles 23(1) and (2) of the CMR, regardless of the limitations in Article 23(3).