The Claims Review - Issue 17, March 2007

Welcome to the Spring 2007 issue of the ITIC Claims Review. This edition contains a selection of cases which the Club has handled over the past year. We trust that the scenarios will be of interest to you and assist in identifying any potential exposure to claims. Please remember that, in the event of a potential claim arising, it is essential that you notify ITIC as soon as possible.

Claims Review 17

01/03/2007

Indian tax

A vessel was fixed on voyage basis from one Indian port to another. During negotiations, before the owners made a firm offer on the freight rate, they asked their broker whether Indian freight tax would be the same for cabotage...

01/03/2007

Who pays what?

A port agent in a small port on the south west coast of England was appointed by a German ship owner to attend the call of a ship. The quay where the ship berthed was privately owned. The port company made two charges; moorage...

01/03/2007

Right number, wrong box

ITIC received notice of a claim faced by a liner agent at an African port. The agent had arranged for cargo to be delivered to an inland destination in a forty foot container leased by his principal. In due course a forty foot...

01/03/2007

Misdirection: tales of woe

Millions of containers are sent around the world, being offloaded and reloaded onto different ships at different hub ports, and 99.9% of them arrive at the right place, on time and undamaged. However, inevitably there are...

01/03/2007

Missed evidence

A naval architect was instructed by the owner of a vessel to investigate the cause of continued cracking in the hull. The report produced by the naval architect attributed the blame to the original architects for their...

01/03/2007

A tale of two sea charts

A tanker had changed from hard copy sea charts to electronic sea charts and it was a Flag State requirement that the second officer had an ECDIS Certificate. Unfortunately the ship manager overlooked this requirement and the...

01/03/2007

Tug: unsafe lifting

A marine surveyor received instructions to advise on the stowage and lifting of a tug to be carried onboard a ship from the Far East to Europe. The marine surveyor provided advice as to how the cradle, in which the tug was to be...

01/03/2007

An innocent surveyor has to pay

A surveyor in Australia was appointed by a bank. The instructions provided to the surveyor were clear. They were to confirm the value of the vessel being built at a local yard and to certify to the bank when additional funds...

01/03/2007

Arrest: not always a quick remedy

Over the years, ITIC has arrested many vessels in order to recover outstanding debts for Members. Where an undisputed debt is involved the majority of arrests result in the debt being paid immediately by the vessel’s owner or...

01/03/2007

East Med or East Gulf

A shipbroker fixed a vessel to carry soya from Argentina with a choice of two discharge ranges: Eastern Mediterranean and Middle Eastern Gulf. While the vessel was loading, the receivers advised that the discharge port was...

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