A ship was leaving port when it struck the remains of the most seaward beacon marking the navigation channel. A pilot employed by the port authority had been on board and had been responsible for guiding the ship out of harbour. Having advised on the appropriate course, he had disembarked a few minutes beforehand by agreement with the master.
The beacon had collapsed a few weeks previously after being hit by a dredger. It had been partially removed, but the concrete base had been left in place, protruding two metres above the seabed. The port authority member had issued a notice to mariners concerning the absence of the beacon, but had omitted to indicate that the obstruction remained; neither had the pilot mentioned it. The ship had to return to port and the master immediately raised a protest. The port authority was held liable by the owners for the costs of repair as well as a substantial amount for loss of hire. A suitable settlement was negotiated by the Club.
This first webinar in our ship fire series focuses on specific issues relating to the cargo loaded on board, looking into practices to combat non-declaration and mis-declaration, as well as profiling the risk-based stowage approach.
International freight transport and logistics insurer TT Club wants cargo owners to be more aware of safety issues arising from poorly packed containers and misdeclared goods.
The importance and impact of careful drafting of contracts is exemplified in this UK Supreme Court decision. While the ruling brings clarity to English law, it represents congruence with other jurisdictions. It is most prudent to be deliberate in documenting law and jurisdiction choices in contracts.
