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21/03/2024
Mikaela Koni, ITIC Europe’s senior claims executive, sits down to chat with the Claims Review editor, as part of this regular interview series in which we get to know ITIC, and ITIC Europe’s, claims handlers. Mikaela was ITIC Europe’s first full time employee and is based in the Limassol office. In this interview she outlines her favourite part of dealing with claims and we learn why she enjoys painting in her spare time.
A naval architect was engaged by a customer to design a 24m catamaran to service the offshore oil and gas industry. During sea trials following construction of the vessel and after delivery to the client, significant vibration was apparent in the vessel’s rudders. This caused stress to the hull and eventually the structure began cracking.
A shipbroker regularly acted for the same charterers in a particular trade where it was customary to agree to “half despatch”. This is essentially a charge that the charterer gets from the owner if they conclude operations with the ship faster than the allotted time they have been given. It is in effect the opposite of paying demurrage. The rate is usually half of the demurrage rate – hence “half despatch”.
An agent set a reefer at -18 instead of +18 degrees for a cargo of candy going from India to Angola. The cargo, which was worth US$ 20,000, was a total loss. The claim also included additional sums for disposal of the cargo and legal costs of US$ 10,000.
A manager took on the management of a bulk carrier which had been purchased by the owner six months earlier on an “unseen as is basis”. It was managed by another third party manager until the ship manager took over. They did not carry out a pre-management survey of the ship at the time she entered into their fleet.
The charterer asked the agent whether there were any restrictions which might cause problems for the ship at the discharge port. The agent telephoned the terminal who advised, verbally, that there were no restrictions and the agent passed that information back to the owner and charterer.
Welcome to this very special edition of ITIC’s Claims Review. This is the 50th edition, with the first ever publication being released back in 1993 – when Bill Clinton was inaugurated as President, Nelson Mandela and FW de Klerk were awarded the Nobel Peace Prize and most importantly, Harry Kane was born. This bespoke front cover includes images from past editions.
26/10/2023
Is there really a difference between negligence and gross negligence under English law?
In respect of a voyage charter, the charterer nominated an ITIC member as the discharge port agent.
A tanker was fixed for a voyage. The voyage included an option to call at an additional war risk premium (AWRP) area. As per the terms of the charter party the charterer was liable to pay the AWRP if the ship was to go to the area.