ITIC warns on the potential cost of being an expert

International Transport Intermediaries Club (ITIC) has warned that the role of expert witness should not be undertaken lightly and that all professionals acting in this capacity should be aware that they could face legal action for negligence.

In the latest issue of its online newsletter, The Wire, ITIC cites a case involving an explosion on board a yacht at a marina which resulted in an insurance claim being made against the owner. An expert appointed by the insurers to investigate the cause of the loss concluded that the explosion and fire were the result of a deliberate act by the owner.

The insurers rejected the claim for a number of reasons, and the owner challenged the insurer’s decision in the local court, which found in favour of the insurers because the owner had been working on the vessel without the requisite authority. Therefore, irrespective of the allegation of arson, the policy did not have to respond to the loss.

The owner then claimed €650,000 in damages for defamation in respect of the allegations of arson raised in the expert’s report. Proceedings were issued against the insurers and the expert.

The insurers wanted the expert to pay the costs of the defence of the defamation claim, based on the fact that it was the allegation in the expert’s report that had given rise to the issue. ITIC, however, persuaded the insurers that they should support their expert, especially since they were, in part, relying on the report to reject the claim. ITIC said that, if it turned out that the report was negligent, the insurers could make a claim against the expert which would fall under their ITIC cover but, until then, the insurers should defend the expert. The insurers accepted that position and the claim was ultimately rejected by the courts.

ITIC says, “In addition to potential liabilities, even an ‘innocent’ expert can face substantial legal costs dealing with a claim. At best, only a proportion of these costs will ever be recovered.”

ITIC recently held an expert witness panel discussion at its London offices where the subjects under discussion included the liability of the expert, the incorporation of standard terms and conditions, and effective report writing. The latest edition of The Wire includes articles on these and other issues, as well as a list of ten golden rules of loss prevention for expert witnesses. These include not allowing the desire to help a client blind one to the evidence, not allowing oneself to be bullied, challenging inadequate or misleading instructions, not accepting instructions if it means an inability to remain independent, and not straying outside areas of expertise. “To err is human,” concludes ITIC, “ - the answer is insurance.”

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

Liberian Corporate Registry appoints Anthony Perea new MD

Anthony Perea has been appointed Managing Director of the Liberian Corporate Registry.

Anthony was previously Managing Director at global corporate and fiduciary services provider AMICORP, where he was head of institutional sales for the Americas, Latin America and Asia. He has nearly 25 years’ experience in business development and operations in the financial and corporate services sector, with a particular focus on wealth management, as well as trust and corporate and fiduciary services.

Scott Bergeron, CEO of the Liberian International Ship & Corporate Registry (LISCR), the US-based manager of the Liberian Registry, says, “We are delighted that Anthony has agreed to join LISCR. He has all the qualities and the range of experience needed to further strengthen the reputation for excellence which the Liberian Corporate Registry has built for itself over a number of years.

“Anthony’s main objectives will be to help explore new markets - and possibly new services - for our corporate registry division. He will also help in our continued development of value-added relationships with the maritime legal and finance communities, while better engaging Liberia in various corporate industry forums, including The Society of Trust and Estate Practitioners (STEP), to which organisation he has been an active contributor throughout his career to date.”

Anthony Perea says, “I am excited to be joining the Liberian Corporate Registry, which has consistently earned international recognition from business investment professionals, financial institutions and corporate firms for its historic commitment to legal stability, significant investments in advanced information technologies, and first-class corporate services to clients worldwide. I look forward to using my experience and contacts to help ensure that the Registry maintains and even improves the level of service and expertise which it offers to its continually expanding client base.”

Liberian corporations are at the core of well-established private and public investments in all major financial sectors, resulting in a significant percentage of global business activity being conducted through Liberian corporate entities. Despite the rapidly changing regulatory environment of the offshore corporate sector, Liberia is committed to providing flexibility, professionalism and security. www.liscr.com/liberian-corporate-registry

London P&I Club issues loss prevention guide for coal cargoes

THE London P&I Club has published a loss prevention guide on risks associated with the carriage of coal cargoes, with particular emphasis on gas monitoring and ventilation.

The guide, written by Paul Willis, Senior Associate with UK-based forensic investigation and root cause analysis specialist Hawkins, notes that the management of coal cargoes and the proper use of gas detection equipment are key elements in the prevention of coal fire claims. It details the fundamental requirements relating to the installation, use and maintenance of gas detection devices and the different types of sensors involved in their operation. It also includes a checklist of good gas monitoring techniques, and recommendations on the use and care of this specialist equipment.

Despite the risks associated with the transportation of coal, the majority of ships carry such cargoes without incident. “Ultimately,” says the London Club guide, “the key to proper and efficient use of gas detection and monitoring equipment is the crew’s full understanding of how the unit works, and their familiarity with its functions and proper, prescribed maintenance routines. Adhering to the requirements and recommendations in the IMSBC Code greatly reduces the risk of fire and helps prevent incidents from becoming major casualties.”

The guide concludes, “If the master only allows cargo below 55˚C to be loaded, and regularly checks it during passage, then problems can be identified at an early stage and prevented from escalating to the point where the ship and its crew are potentially in danger.”

www.londonpandi.com

Liberia becomes first flag state to join the Maritime Anti-Corruption Network

Liberia has become the first ship registry to be admitted to the Maritime Anti-Corruption Network (MACN) as an associate member.

Alfonso Castillero, CCO of the Liberian Registry, says, “We are greatly honoured to be the first ship registry admitted as an associate member of the MACN. The organization has done great work fighting corrupt practices in some of the most difficult regions in the industry. MACN’s model of government and local partner collaboration, and industry-led collective action, is considered global best-practice. It’s not often the shipping sector gets that sort of recognition.

“Effective flag states, such as Liberia, offer a unique perspective and opportunity in the fight for a maritime industry free of corruption. Liberia’s fleet of over 4,325 vessels trades in some of the world’s most difficult regions. Our global network of full-service offices and local inspectors means that the flag is never far away. Together with MACN, we can help provide the crews of these ships with processes and procedures as well as with firm backing and support to defeat bribery attempts. This backing serves to allay fears and prevent negative recourse by unscrupulous officials seeking enrichment at the expense of shipowners.”

MACN’s Programme Director, Cecilia Müller Torbrand, welcoming the Liberian flag as an associate member, says, “As we have already shown, strength in numbers is a central part of how MACN can drive change. It is vital we look for ways to include maritime-related businesses who want to take part in this fight. Flag states are a central part of the shipping world and we look forward to the contributions Liberia will make to MACN’s future efforts.”

Benson Peretti, the Liberian flag’s MACN representative, says, “MACN has shown that the shipping sector can work together for outcomes that few would have thought possible. We look forward to being an active participant and sharing with the group findings and lessons learned to improve everyone’s ability to fight corruption. We would encourage other flag states to consider joining the network, because the more we work together the better the results will be for crew, owners, and the wider shipping community.”

The Liberian Registry is comprised of over 4,325 vessels aggregating 157 m gt, representing 11% of the world’s oceangoing fleet. Liberia has earned international respect for its dedication to flagging the world’s safest and most secure vessels. The Liberian Registry is recognized at the top of every industry White List, including those of the major Port State Control authorities. As a founding member of the International Maritime Organization (IMO), Liberia took a leading role in global shipping at a very early stage and continues to be a member of the IMO Council. www.liscr.com


The Maritime Anti-Corruption Network (MACN) is a global business network working towards the vision of a maritime industry free of corruption. Established in 2011, MACN has grown to include over 100 members globally, and has become one of the pre-eminent examples of collective action to tackle corruption. MACN and its members work towards the elimination of all forms of maritime corruption by raising awareness of the challenges faced; implementing the MACN Anti-Corruption Principles and co-developing and sharing best practices; collaborating with governments, non-governmental organizations, and civil society to identify and mitigate the root causes of corruption; and creating a culture of integrity within the maritime community.
www.maritime-acn.org/

Multraship / Novatug scoop KVNR award for CARROUSEL RAVE TUG

Leading towage and salvage specialist Multraship and its innovation arm, Novatug, have won the prestigious Maritime KVNR Shipping Award 2018 for their ground-breaking Carrousel RAVE TUG (CRT) design.

The award was presented to Leendert Muller, managing director of Multraship, on 12 November in Amsterdam during the Maritime Awards Gala, an annual event organised by the Stichting Maritime Awards Gala foundation representing Netherlands Maritime Technology, The Royal Association of Netherlands Shipowners (KVNR), Royal Netherlands Society for Marine Technology (KNVTS), Maritime by Holland, and the Netherlands National Institute for Shipping and Shipbuilding (NISS).

The KVNR Shipping Award 2018 recognises a combination of successful realization and implementation with a vision for the future. The CARROUSEL RAVE TUG is a revolutionary design which makes it easier, safer and more environmentally friendly to work with seagoing vessels at much higher speeds than those which conventional tugs can achieve, and without the risk of capsizing. The CRT cannot capsize by towline force. It is cleaner and stronger, faster and safer. It uses the mass and momentum of the assisted ship to do its job.

Leendert Muller says, “We are delighted to have won the prestigious KVNR award. The CRT has been two decades in the making and its time has arrived. It not only represents a major improvement in terms of technology, performance and crew safety, but also results in much lower levels of fuel consumption than can be achieved with a conventional tug, resulting in savings of at least 40 per cent on an average operation.”

Multraship is a leading Dutch towage and salvage company. It is a division of the Muller Maritime Group, which has been engaged in the shipping industry for more than 230 years. The company's core activities include harbour towage, salvage & wreck removal, ocean towage and support to offshore energy & dredging industries. Multraship operates and manages a large fleet of tugs, salvage vessels, floating sheerlegs and other craft equipped with modern towage, salvage and fire-fighting equipment and manned by experienced and highly-trained masters and crew. www.multraship.com

Novatug is a subsidiary of Multraship formed to develop and market the unique CARROUSEL towing system.


For more information contact:
Leendert Muller
Multraship B.V.
directie@multraship.com


Julian Oggel
Novatug
joggel@novatug.nl

Kierstin Lachtman to succeed Joe Ludwiczak as head of Liberian Shipowners’ Council

Kierstin M Lachtman is to take over as General Secretary of the Liberian Shipowners’ Council Ltd (LSC) in February 2019 from Joseph E Ludwiczak, who is retiring after 17 years at the helm.

Kierstin, who will operate from the LSC offices in Dulles, Virginia, is currently Manager, Maritime Policy for Cruise Lines International Association (CLIA) in Washington DC. There, her responsibilities include developing maritime policy in concert with shipowner members, determining and co-ordinating shipping industry positions on safety, environmental, operational, and regulatory issues and advocating members’ positions at regulatory and industry fora, including IMO.

Adamantios M Lemos, Chairman of the LSC Board, says, “On behalf of the Liberian Shipowners’ Council, I would like to express our profound gratitude to Joe for his outstanding leadership and dedication over the past 17 years. He will be greatly missed, but we are confident that our rigorous search process has provided us with an exceptional successor.

“Kierstin is a highly motivated and accomplished maritime professional with a well-deserved reputation for informed advocacy on behalf of shipowners. We look forward to working with her to expand and strengthen LSC.”


The Liberian Shipowners’ Council (LSC) is the voice of Liberian-flag shipowners. LSC is an international maritime trade association incorporated in 1974 as a non-profit corporation. It is the national association of shipowners who register their vessels under the Liberian-flag.

Owner claims against manager for failure to update ballast water management plan

FAILURE to keep a proper onboard record of regulatory and legislative changes can have costly consequences for shipowners and their intermediaries, as evidenced by a claim recently handled by International Transport Intermediaries Club (ITIC).

The crew of a ship which frequently traded to US ports found themselves in contravention of state legislation when they conducted deballasting operations enroute to California more than 50 nautical miles out from the California coast. Such an operation had been permissible - and had indeed been performed by the crew - under the regulations in force when the ship had previously traded to California. But, on this occasion, such deballasting was in violation of new regulations which had entered into force in July 2017, requiring ships entering from international waters to deballast more than 200 nautical miles from the coast of California.

The Californian authorities had disseminated this change to the shipping community by way of circulars. Information had also been published by the ship’s P&I club, but the change had not been not picked up by the ship’s managers. As a result, the ship’s ballast water plan had not been updated to reflect the new rules.

The master admitted to the Californian authorities that the crew were not aware of the change in legislation, and the authorities duly issued a fine of $280,000 against the owner. This was subsequently negotiated down to $215,000, which the owner claimed from the ship managers on the basis that they should have been aware of the change in law and should have updated the ballast water plan. The claim was settled by ITIC.


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