The Claims Review - Issue 39, November 2018

Claims Review 39

Claims Review 39 (simplified Chinese)
Claims Review 39 (traditional Chinese)

Liable without fault

31/10/2018

Liable without fault

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.

31/10/2018

Sail storage failure

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.
10 containers go too far

31/10/2018

10 containers go too far

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.

31/10/2018

Commission covered

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...
Lost overboard

01/11/2018

Lost overboard

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.

01/11/2018

Ship manager out of date

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.

13/07/2020

Potentially poor sleep

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

01/11/2018

Fixture failure

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.

01/11/2018

How much coal?

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...

01/11/2018

Almost auctioned

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.

01/11/2018

Bill for a buoy

Canal transit agents represented a ship that collided with a buoy. The canal authority sent an invoice to the agent for the damage of US$ 225,000. The owners disputed the amount of the invoice and told the agent to negotiate with the authority.

01/11/2018

Fraud Watch

A ship agent received a request from a ship owner to deliver cash to Master of US$ 45,000 during a forthcoming call. Funds were remitted and received by the ship agent.

01/11/2018

Armed guards missing

The operations department of a London broker received a message from an owner in relation to a voyage with offshore discharge in an area with a high risk of piracy. Attached to the message was a freight invoice and another one for the cost of armed guards. This cost was payable by the charterer under the terms of the charterparty.

01/11/2018

A detrimental deletion

A member of a ship broker’s post fixture department was aware that a number of charterers had placed a block on emails with attachments above a certain size. A large number of emails have attachments which contain logos and...

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