ITIC reimburses surveyor accused of negligence leading to ferry damage

International Transport Intermediaries Club (ITIC) has reimbursed a marine surveyor accused of negligence by the owner of a ferry which sustained significant machinery damage while being towed to a shipyard.

The ferry, which operated in North American waters, was due to be towed to a shipyard to undergo a refit. A marine surveyor was engaged by the shipyard to undertake a ‘fit for tow’ survey and to provide a certificate of approval confirming that the towage arrangements between the tug and the ferry were satisfactory.

The surveyor completed his survey and issued the certificate of approval. Three days later, however, the ferry took on water during the course of the tow and sustained considerable damage to its main machinery compartment. The owner of the vessel brought proceedings against the shipyard, the tug company and the marine surveyor for repair costs of US$750,000.

The owner alleged that the surveyor had been negligent in confirming that all watertight openings were closed, whereas expert evidence suggested that water had entered the vessel via open air vents. The surveyor maintained that these air vents were a rarity, that it was outside the scope of the survey to inspect them, and that liability should fall on the company undertaking the tow.

Mediation proceedings took place at which the owner acknowledged contributory negligence on its part and agreed to reduce its claim to US$500,000. All three defendants, including the marine surveyor, contributed to a settlement in this amount.


ITIC is managed by Thomas Miller. More details about the club and the services it offers can be found on ITIC’s website at www.itic-insure.com



For more information:
Charlotte Kirk
ITIC
Tel. +44 (0)20 7338 0150
Fax. +44 (0)20 7338 0151
charlotte.kirk@thomasmiller.com

Alfonso Castillero appointed CCO of Liberian Registry management team

Alfonso Castillero has been appointed Chief Commercial Officer (CCO) of the Liberian International Ship &Corporate Registry (LISCR), the US-based manager of the Liberian Registry.

Alfonso will be responsible for managing the development and implementation of the Liberian Registry’s global sales, marketing, and service assurance strategy. Together with the Registry’s business development group and regional managers, he will further enhance co-ordination of business development and service initiatives, while expanding the Liberian Registry’s leading position in an increasingly competitive shipping industry.

LISCR CEO Scott Bergeron says, “Alfonso’s unrivalled experience will be invaluable in managing the Registry’s development of new, strategic markets and of new products and services for our clients, helping the Liberian Registry continue its impressive evolution and growth. While his role as CCO will have a global perspective, Alfonso will continue to provide direct day-to-day management for the Japanese and Central & South American markets.”

Alfonso Castillero, who served as Director-General of the Panama Registry for 16 years before joining the Liberian Registry as Vice-President in 2014, says, “I am honoured to accept this new position, and excited at the prospect of helping to further strengthen the global presence and reputation of the world’s most innovative and successful ship registry.”

The Liberian Registry has long been considered the world’s most technologically advanced maritime administration. The Registry has a long-established track record of combining the highest standards of safety for vessels and crews with the highest levels of responsive and innovative service to owners. Moreover, it has a well-deserved reputation for supporting international legislation designed to maintain and improve the safety and effectiveness of the shipping industry and protection of the marine environment.

www.liscr.com

ITIC and ASG launch new surveyors’ indemnity wording

International Transport Intermediaries Club (ITIC) and the Admiralty Solicitors Group (ASG) have launched a new surveyors’ indemnity wording designed to address the imbalance between owners’ and surveyors’ responsibilities typically encountered under existing indemnity agreements.

Surveyors are invariably asked to sign a waiver and indemnity by the master of a vessel before they are given approval to board. Such documents will frequently stipulate that surveyors must waive all rights to make a claim against the owner and the vessel in respect of any personal injury or loss of or damage to their equipment which they suffer, even if it is caused by the fault of the owner. Conversely, surveyors are also asked to indemnify the owner if any of the vessel’s crew suffer death or personal injury, or if there is any loss or damage to the vessel itself or its equipment. Occasionally, the indemnity will even extend as far as claims made against the owner by third parties.

Mark Brattman, ITIC’s legal director, says, “These waivers and indemnities are usually presented to surveyors as they are climbing aboard the vessel. Surveyors therefore do not have a realistic opportunity to read such documents and invariably just sign them, in order to gain access to the vessel to perform their jobs.

“ITIC has seen many owner-produced wordings over the years, all of them unfavourable to the surveyor. The ASG had a wording which was a significant improvement on the owner-produced documents, but ITIC felt that this could be made more balanced. With the agreement and co-operation of the ASG, a new wording, the ASG/ITIC 10 has been produced.

“Under the ASG/ITIC 10 wording, the owner will have the usual responsibilities of any occupier to any visitors, unless the vessel is considered a casualty, in which event the surveyor will acknowledge that the master cannot guarantee the safety of visitors, and the owners’ liability will be restricted to losses specifically caused - or contributed to - by the negligence, recklessness or wilful misconduct of the owner. Discussions about what constitutes a casualty can take place after the event, thereby allowing the surveyor to avoid the need to negotiate on the steps of the vessel.

“Both ITIC and ASG agree that the new wording represents a far more equitable apportionment of liability when surveyors are asked to attend a vessel, whether by a P&I club on behalf of an owner or by charterers, cargo interests or insurers.”


ITIC is managed by Thomas Miller. More details about the club and the services it offers can be found on ITIC’s website at www.itic-insure.com

The Admiralty Solicitors Group promotes and preserves standards in the practice of maritime law in England. As well as Admiralty Law issues, its interests also embrace dry matters, including the carriage of goods, sale and purchase, insurance and all other aspects of shipping law in which member firms play a prominent part.

For more information:
Charlotte Kirk
ITIC
Tel. +44 (0)20 7338 0150
Fax. +44 (0)20 7338 0151
charlotte.kirk@thomasmiller.com

Liberian Registry cements position as No 1 choice for Greek shipping

Liberia has confirmed its position as the leading flag of choice for Greek ship owners and operators, according to statistics produced by the independent research and information organisation Marine Information Services (MIS) in Greece.

The MIS figures show that the Greek merchant fleet now includes 1,037 Liberian-flag ships. Liberia also leads the way in terms of total deadweight tonnage registered under its flag by Greek owners, aggregating 78m dwt.

Michalis Pantazopoulos, Senior Vice-President of the Liberian International Ship & Corporate Registry in Greece, says, “The MIS figures measure fleet size in numbers of ships and total deadweight tonnage, which are the parameters used by the International Maritime Organization and widely recognised throughout the industry.

“It is fitting that Greece, the number one shipping nation in the world, should choose Liberia as its number one ship registry. This reflects both the uniquely strong historical ties between Greek shipping and the Liberian flag, and the proactive and innovative approach adopted by the Liberian Registry in what has been an extremely challenging time for the shipping industry.

“Strong links have existed between Greek shipping and Liberia since the Stavros Niarchos-owned oil tanker World Peace became the first ship to be registered under the Liberian flag in 1949. From that time until the present day, the Greek shipping community has supported the Liberian Registry, and vice-versa, through good times and bad. Liberia is delighted that Greek shipping has once again given the Liberian flag a definitive vote of confidence, and looks forward to building on that still further in the future.”

The Liberian Registry has long been considered the world’s most technologically advanced maritime administration. The Registry has a long-established track record of combining the highest standards of safety for vessels and crews with the highest levels of responsive and innovative service to owners. Moreover, it has a well-deserved reputation for supporting international legislation designed to maintain and improve the safety and effectiveness of the shipping industry and protection of the marine environment.

www.liscr.com

London P&I Club reports increased free reserves for 2016/2017

THE London P&I Club has issued an advance summary of its result for the 2016/2017 financial year, ahead of the publication of its annual report. The Club recorded an overall surplus of $27.3m, increasing the free reserve to $188m. The combined ratio was 97.9 per cent. The positive technical performance was supplemented by an investment return of 8.4 per cent.

Ian Gooch, CEO of the Club’s management team comments: ‘There were various drivers behind this positive result with the claims environment – which remained benign by longer-term historic standards – being an important factor, even though it was not as favourable as the 2015/2016 year. In particular, we saw a notable reduction in retained claims in the band between $500,000 and $1m and in the level of claims falling on the International Group Pool’.

www.londonpandi.com