Charterparty and Contract of Carriage Issues
Members of the team have extensive experience advising clients on issues arising under many different types of charterparty; voyage, time and bare boat charters to name but a few. Typical issues include off hire disputes, safe berth warranties, demurrage claims, cancellation, and speed and consumption claims. We also advise clients extensively on contractual documentation, including bills of lading and sale contracts.
Cargo Damage and Shortage Claims
We act on behalf of shipowners, carriers and their P&I Clubs in the defence of cargo damage and shortage claims and have an extensive network of surveyors with whom we work to assist with specialised cargoes.
Bunkering Issues
Quality claims, retention of title issues and action to recover payment are frequently occurring instructions.
We have a substantial network of lawyers with whom we have worked around the world to enable action to be taken to arrest vessels for non-payment of bunkers at short notice.
Casualty Investigations
We handle salvage and collision claims on behalf of shipowners, their hull underwriters, P&I Clubs and salvors. We are available to travel, at short notice, to destinations around the world to investigate the casualty incident, collect the evidence and subsequently either negotiate a realistic commercial settlement or handle the ensuing arbitration or Admiralty Court litigation.
Vessel Arrests
Vessel arrests can be undertaken at short notice in English and international waters in respect of many claims, such as unpaid invoices for ship repairs, for materials supplied, pilotage charges, harbour dues and for obtaining security for maritime claims.
Sale Purchase and Registration
We advise clients on the negotiation of contracts for the sale and purchase of vessels, in relation to title documentation and the requirements to conclude the transaction successfully, including the subsequent registration of the vessel on which ever register is required.
Shipbuilding and repair
Our lawyers have considerable experience in both negotiating and drafting newbuild and repair contracts and in litigating or arbitrating disputes under such contracts, both internationally and domestically.
Road Transit and Through Carriage Claims
We advise freight forwarders on issues such as the exercise of liens, the liabilities imposed and defences provided by the CMR convention, RHA terms and their contractual provisions.
Criminal Proceedings and MCA Prosecutions
We have represented a number of Masters and shipowners prosecuted by the MCA for breaches of the Merchant Shipping Regulations. Typical offences include breaches of the International Collision Regulations, Loadline Regulations, STCW and pollution. We advise clients on the relevant regulations, available defences (if any), and accompany them when interviewed under caution and represent them when summoned to the Magistrates Court.
Personal Injury and Loss of Life Claims
Our location means that we can respond rapidly to incidents occurring in the major commercial ports on the south coast. We attend on board, photograph the location of the incident, obtain witness statements and all the relevant evidence in readiness to defend anticipated claims from passengers, crew members and stevedores etc. This enables us to provide our clients with advice as to the merits of the claim, so that they can put an accurate reserve on their files at an early stage.
Employment
The expertise within our team allows us to offer a specialist marine related employment service in relation to both seafaring and shore based staff. This service covers everything from drafting contracts of employment and collective agreements with unions to defending employers against Tribunal claims. We also provide bespoke in-house training to managers and masters on topics such as handling disciplinary matters. To date we have provided specialist employment advice to marine sector clients ranging from cruise line operators and dredging companies through to ship repairers and marina operators.
Publications
Charterparty Bulletins
Speed and Performance Decisions - July 2007
Notice of Readiness - November 2007
Demurrage Claims - May 2008
Shifting Cargo and the Off-Hire Position - November 2008
Logistics Bulletins
Lorry Drivers & Wilful Misconduct - January 2007
UB Tiger - Is There a Right to Abandon Goods - February 2007
Gullible's Travels - May 2007
Copper Mixed Up In a Web of Deceit - September 2007
Jurisdiction and Invoices - April 2008
Marine Employment Bulletins
Discrimination against Foreign Seafarers - September 2007
The Viking Line Case - April 2008
News articles
Dangers of working in enclosed spaces on board ships - October 2008
The Consequences of Breaches of Merchant Shipping Regulations in the UK - May 2008 Click to visit website www.shiparrested.com
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