The Claims Review is a series of case studies which either have been paid by the Club or where assistance has been rendered in. You will find these invaluable in helping to identify potential claims exposure.

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Latest Issue, The Claims Review - Issue 39, November 2018

Claims Review 39

Ship brokers negotiated the terms of a contract of affreightment (“COA”) between charterers and ship owners. The ship brokers received all of their instructions from an agent that purported to act for the charterers. The COA provided for a minimum of 18 shipments to take place over a 12 month period.

An agent was appointed by the owners of a sailing super yacht calling at a Mediterranean island. The owners required two spinnakers to be taken off the yacht and forwarded for repairs at another port. The agent was asked to arrange temporary storage until the repairs could be organised.

A ship agent in Central America was arranging for a ship to call at two separate ports before the final destination. Shortly before loading the agent received revised instructions that 10 containers originally destined for the final discharge port should be unloaded at the second from last port.

Sale and purchase brokers concluded an MOA. Shortly afterwards a mooring line was caught in the ship’s propeller and the ship could not make the laycan in the MOA. The ship was dry docked for repairs. Buyers and...

A ship agent in the Far East arranged for a boat to deliver spare parts to a ship. Unfortunately while attempting to deliver the spare parts the small launch partially capsized and the heavy parts were lost overboard.

A ship under management frequently traded to US ports. On 1st July 2017 new laws came into force in California, requiring vessels entering from international waters to deballast more than 200 nautical miles from the coast.

A naval architect was engaged to make modifications to a ship. The modifications included an additional 67 person accommodation unit.

A commercial management agreement provided that the managers could not fix the ship for more than a specific number of days without approval. The managers failed to obtain express approval for a fixture which (at its longest permitted period) could extend beyond the authority they had been given.

A ship agent in Australia was responsible for passing instructions to the Master of a bulk carrier received from both the ship owners and the shippers regarding the quantity of coal to be loaded for carriage to...

Ship brokers were owed commission by the owners of a ship which regularly called at Cape Town. The owners had ignored requests for payment from both the brokers and ITIC. A lawyer in South Africa was instructed to threaten arrest and the brokers received part payment of the outstanding amount.

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