Modern Maritime Law Volume 2: Managing Risks and Liabilities
INDEX
INDEX
- accidents
- accountability of harbour authorities 690,
- Admiralty, contribution between joint tortfeasors by statute in
- Advisory Committee on Pilotage (Pilotage Commission) 713
- agents
- aggregation doctrine, attribution of liability 125
- ‘agony of the moment’ defence, collisions at sea
- aircraft, salvage 491
- AISs (automatic identification systems) 34, 35
- ALARP (as low as reasonably practicable mnemonic) 9, 689, 690
- Alert (journal) 10
- Alfa I incident (2012) 845
- Al Jaziah 1 incident (2000) 835
- alter ego of company or corporation
- alternative danger defence, collisions at sea
- anti-fouling provisions 827
- appurtenances 173
- assignment
- Associated British Ports/Associated British Port Holdings (ABPH) 683
- Association of Norwegian Marine Yards 222
- Association of West Europe Shipbuilders 222
-
Athens Convention 2002 (previously 2002 Protocol to PAL 1974 Convention) 791
- competent jurisdiction and recognition of judgments
- compulsory insurance 810
- contributory negligence 810
- death or personal injury, limits applied for 812
- defences 811
- developments leading to adoption of
- direct action
- EU status 807
- financial security
- interest and legal costs 812
- international status 806
- liability
- cabin luggage, loss or damage 809
- defect in ship 808
- fault-based liability for death or personal injury caused by a non-shipping incident 809
- incidents occurring during carriage 809
- loss of right to limit
- other luggage or vehicles, loss of or damage to 809
- period and extent of 809
- right to limit
- strict liability for death or personal injury caused by a shipping incident 808
- two bases of liability and two-tier limits under
- luggage 809, 812
- ‘pay first’ clauses 811
- presumed fault under 809
- recourse, right of 810
- tacit acceptance procedure 793
- time limits
- valuables, carriage of 812
-
attribution of liability
- alter ego of company or corporation see alter ego of company or corporation
- collisions at sea 405
- corporate personality and rules of attribution
- identification doctrine 97,
- International Safety Management (ISM), legal implications upon liabilities
- Meridian rule 98, , 112
- privity 99, 109,
- ‘special rule of attribution’ 98
- substantive rule of law 103, 104
- vicarious liability doctrine 98
- authority of ship managers
- automatic identification systems (AISs) 34, 35
- ballast/laden method, repairs 470
- ballast water
- Ballast Water and Sediments Management Plan 827
- Ballast Water Record Book 827
-
Baltic and International Maritime Council (BIMCO) 73, 147, 323, 746
- ‘Guardcon’ 2012 (standard terms contract) 20
- management agreements 135, 146, 147
- NEWBUILDCON see NEWBUILDCON (standard new building contract)
- towage contracts 582, 652
- York-Antwerp Rules (YAR) 657
- bareboat charterers
- Basel II and III Implementation on Banking Supervision (Basel framework) 13
- BC Code (Code of Safe Practice for Solid Bulk Cargoes) 48
- best endeavours
-
Best Management Practice (BPM4, 2011) 5, 7, 27
- piracy risk assessment and planning guidelines 20, 21
- Bierritz European Council, Erika II measures 34
- BIMCO see Baltic and International Maritime Council (BIMCO)
- ‘blind eye’ privity or knowledge , 779, 780
- Blue Cards, IMO Reservation/Guidelines 2006 817
- BMLA (British Maritime Law Association) 75
- bottomry bonds, charges 178
- BPM see Best Management Practice (BPM)
- BP Shipping, safety culture philosophy 10
- The Braer disaster (1993) 3, , 71
- breach of contract
- British Maritime Law Association (BMLA) 75
- brokers, risk management by
- bulk carriers , 222
- ‘bunker oil’ 863
- Bunkers Convention (Bunker Oil Pollution Damage Convention) 2001 821,
- burden of proof
-
cargo
- cargo-owners, authority of master to bind 589
- Code of Safe Practice for Solid Bulk Cargoes (BC Code) 48
- containerised, security for 563
- damage to 775,
- International Maritime Solid Bulk Cargoes Code (IMSBC Code) 48
- loading risks 21
- loss of or damage to
- not part of security 174
- unauthorized deck
- voluntary services by owners
- carriage of goods contract, effect of ISM upon liability arising from
-
causation
- accidental, following marine accident 58
- break in chain of, unreasonable conduct
- CLC 1992 and Fund Conventions, application
- collisions at sea
- damages 452
- in fact
- foreseeability and break in chain
- general average
- in law
- limitation or exclusion of liability, conduct barring 767
- sale and purchase risks (second-hand ships)
- caveat emptor, effect 296
- Central Register of British Ships, division of 142
- certification 53, 72, 145, 341, 714
- channelling provisions, pollution
- charge, ship mortgage compared
- charterers
- charterparties 173, 188, 208
- chattel security 178
- civil law, hypothecation under
-
civil liability
- classification societies
- collisions at sea
- employer of wrongdoer
- ‘equipment,’ ship as 417
- fiduciary duty 413
- liability attaching to ship 417
- master, crew and pilot
- negligence principles 411, 413
- persons liable
- persons responsible for management and operation of ship
- port authority
- salvors 418
- shipbuilders and ship-repairers 419
- three-stage negligence test
- tug or tow 418
- vicarious liability doctrine
- pilots 722
- Civil Liability Convention (CLC) 1992 see CLC (Civil Liability Convention) 1992
- civil salvage 482
- claims, obligation to discharge 188
-
classification societies
- civil liability to buyers and other third parties
- and flags of convenience
- functions 72, 293
- immunity from liability
- inspections/surveys of ships by
- conformity requirements of flag States 31
- Directive 94/57/EC (1994)
- Directive 2001/105/EC (2001) 30
- Directive (Recast) 2009/15/EC (2009) ,
- financial responsibility provision 30
- monitoring of conformity with international standards
- Recognised Organisations 30, 40
- Regulation (EC) 391/2009
- sales and purchases
- safety and security of ships, role in
- shipbuilding, new 221, 222
-
CLC (Civil Liability Convention) 1992
- admissibility of claims and causation
- application
- ‘but for’ test 840
- claims not covered 840
- compulsory insurance
- Convention of 1969 compared 852
- defences
- definition of ‘incident’ 836
- definition of ‘vessel’ 835
- direct property damage and consequential loss or expenses
- environmental damage claims
- financial security
- geographical application
- government wrongful act defence
- and HNS Convention 866
- Limitation Fund, constitution under
- natural phenomenon defence
- normal business operations claims 838
- oil pollution 829, 830
- pollution damage 837
- pure economic loss 838
- recognition and enforcement of judgment 852
- salvors, possible claims by
- sea-going vessels carrying persistent oil in bulk
- ship-owners’ rights of subrogation 846
- strict liability 842
- third-party liability insurance
- three-tier compensation system 832
- types of pollution damage claim
- CleanSeaNet (European satellite oil spill and vessel detection service) 36
- clean-up expenses , 837
- CMCH Act see Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH Act), criminal liability under
- CMI (Comité Maritime International) 45, 46, 486, 579
- coastguards, and salvage operations 506
- Code of Safe Practice for Solid Bulk Cargoes (BC Code) 48
-
Code of Safe Working Practices for Merchant Seamen (CSWPMS) 11, 87
- risk management 4, 5, 7, 9, 11, 17, 20, 24
- collective knowledge doctrine, attribution of liability 125
- collective responsibility
-
collisions at sea
- actions in rem and in personam 390
- action to avoid, steering and sailing rules 394
- adjustment of claims 479
- ‘both to blame’ clause 449
- bridge, collision with
- burden of proof
- cargo, loss of or damage to
- civil liability
- employer of wrongdoer
- ‘equipment,’ ship as 417
- fiduciary duty 413
- liability attaching to ship 417
- master, crew and pilot
- negligence principles 411, 413
- persons liable
- persons responsible for management and operation of ship
- port authority
- salvors 418
- shipbuilders and ship-repairers 419
- three-stage negligence test
- tug or tow 418
- vicarious liability doctrine
- Conference on Revision 1972 884
- contrast claims, cargo damage
- contribution between joint tortfeasors
- criminal liability
- damages
- assessment
- background of developments
- detention
- extent of damage
- foreseeability 456, 457
- idiosyncrasy of claimant, remoteness and mitigation of damages
- kind of damage
- mitigation of loss or damage
- present law, general principle
- reasonable foreseeability 459
- rule of remoteness
- ‘thin skull’ rule 459, 460
- defences available
- detention damages
- distress, duty to assist those in
- duty of care, breach
- duty to assist following
- fault, statutory presumption of and subsequent abolition
- foreign currency damages
- foreseeability 411, 412, 454, 456
- insurance issues
- involuntary manslaughter for breach of duty
- law and regulations currently
- limitation periods for commencement of claims 477
- loss of life claims
- negligence 389,
- objects, avoidance action causing damage to
- partial loss of ship and incidental losses
- proportionate fault rule
- proximity 411, 412
- pure economic loss 412,
- Regulations see Colregs (International Regulations for Preventing Collisions at Sea), 1972
- risk management 19,
- risk of 394
- between ship and a non-ship
- statutory offences under MSA 1995
- breach of documentation and reporting duties
- conduct endangering ships, structures or individuals
- dangerously unsafe ship/unsafe operation of ships
- directions following shipping casualties, breach of duty to give 408
- disobeying Collision Regulations
- failure to give assistance to vessels after collision or to vessels/persons in distress 403
- life-saving regulations, breach of statutory duty with regard to 407
- lighthouses, buoys or beacons
- Traffic Separation Schemes 389, 396
-
Colregs (International Regulations for Preventing Collisions at Sea), 1972
- breach under Merchant Shipping Act 122
- conduct of vessels in restricted visibility (Part B, Section III)
- conduct of vessels in sight of each other (Part B, Section II)
- action by give-way vessel (Regulation 16) 398
- action by stand-on vessel (Regulation 17) 398
- crossing situation (Regulation 15) 397
- specification of responsibilities between vessels (Regulation 18) 398
- definition of vessel and ship 391
- disobeying, as statutory offence under MSA 1995
- general
- lights and shapes (Part C)
- and Orders in Council 390
- origins 388
- ships subject to 390
- sound and signals (Part D) 401
- statutory presumption of fault and subsequent abolition
- steering and sailing rules (Part B, Section 1)
- types of regulations
- see also collisions at sea
- combustion, dangerous goods causing
- Comité Maritime International see CMI (Comité Maritime International)
- Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), establishment under Erika II 29,
-
common law
- classification of terms of contract
- common law possessory lien, ship mortgage compared 178
- contribution between joint tortfeasors 449
- exclusion of rules concerning duty of care 129
- harbour authorities
- master’s authority to enter into salvage agreement at
- negligent misconduct under
- salvage
- shipbuilding contracts
- tort, actions in 861
- towage contracts
- Common Structural Rules (IACS) 73, 76, 222
-
companies
- alter ego of see alter ego of company or corporation
- controlling or directing mind of 12, 97, 104, 123, 769
- corporate interrelations
- corporate personality and rules of attribution
- definition of ‘company’ under ISM Code 79, 152, 159, 161
- gross negligence manslaughter, attribution of liability to
- identification of relevant persons in 100
- incorporation, risk management 17
- infrastructures of shipping companies
- one-ship 12, 209
- persons in actual control 101, 102
- as ports 683
- risks exposed to 8
- ship ownership
- company security officer (CSO) 96
-
compensation
- CLC (Civil Liability Convention) 1992 832
- Compensation for Oil Pollution in European Waters Fund (COPE) 39
- denial
- Fund Convention 1992 832
- information provision 834
- international regime, oil pollution
- IOPC Funds 831, 841
- limitation of liability 833
- relevant UK legislation 834
- SCOPIC see Special Compensation of Protection and Indemnity Clause (SCOPIC)
- ship-owners’ contributions, further 860
- special, salvage
- Supplementary Fund 2003 833
- three-tier compensation system
- see also International Oil Pollution Compensation Funds (IOPC Funds)
- Compensation for Oil Pollution in European Waters Fund (COPE) 39
- compulsory insurance
- conflict of laws
- consideration, lack of in shipbuilding contracts
- constructive total loss (CTL) 110
-
contract law
- breach of contract see breach of contract
- contract for services 595
- contracts uberrimae fidei 296, 593, 594
- dismissal of salvor under contract
- duty to co-operate under contract, salvage
- general average losses 655
- insurance issues see insurance issues
- salvage under contract
- shipbuilding contracts see shipbuilding contracts
- third-party contracts see third-party contracts, interference by mortgagee
- towage contracts see towage contracts
- travel agents, contracts of carriage through
- unfair contract terms
- contract price adjustment clauses, shipbuilding contracts 246
- contracts, shipbuilding see shipbuilding contracts
- contrast claims, cargo damage
- contributory negligence defence
- control theory, tug and tow
- Conwartime charter 21
- co-ownership
- COPE (Compensation for Oil Pollution in European Waters Fund) 39
- corporate interrelations
- Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH Act), criminal liability under
- corporate personality, and rules of attribution
- corporations, alter ego of see alter ego of company or corporation
- Costa Concordia disaster (2012) 3, 18, 21, 49
-
craft
- non-displacement 391
- recognised subject of salvage 489
- crew
- CREWMAN A and B 2009 (ship management agreement) 135, 146, 147, 165
-
Criminalisation Directives on ship-source pollution 27, 822
- Council Framework Decision (2005/667/JHA) 56
- Directive 2005/35/EC
- Directive 2009/123/EC
- International Conventions, treatment of ship-source pollution by
- recklessness 62, 63
-
criminal liability
- collisions at sea
- harbour authorities
- implications of ISM Code for criminal liabilities 131
- management of ships
-
mens rea offences 125,
- non-strict liability offences 162
- Merchant Shipping (ISMC) Regulations, criminal liability under
- Merchant Shipping Acts, statutory offences under
- breach of Collisions Regulations 122
- breach of documentation and reporting duties
- collisions at sea
- conduct endangering ships, structures or individuals
- dangerously unsafe ship 120,
- directions following shipping casualties, breach of duty to give 408
- disobeying Collision Regulations
- failure to give assistance to vessels after collision or to vessels/persons in distress 403
- life-saving safety measures 120, 407
- lighthouses, buoys or beacons
- logbook of ship 119
- notices
- rules of special ships 120
- safe manning regulations 120
- unsafe operation of ships ,
- non-strict liability offences 162
- oil spills 872
- pilots
- prior to CMCH Act 2007
- under CMCH Act 2007
- applicable organisations 128
- corporate killing offence
- deaths in custody 127
- elements of offence
- exclusion of common law rules concerning duty of care 129
- fines 130
- gross negligence killing 127
- Law Commission proposal
- penalties
- prosecutions 130
- question of law and of fact 129
- reasons for offences under 127
- reckless killing 127
- ‘relevant duty of care’ 127,
- CSWPMS see Code of Safe Working Practices for Merchant Seamen (CSWPMS)
-
damages
- assessment
- background of developments
- breach of contract 453
- causation 452
- consequential 650
- detention
- extent of damage
- in foreign currency
- foreseeability 456, 457
- idiosyncrasy of claimant, remoteness and mitigation of damages
- indemnity clauses 453
- kind of damage
- limitation of liability issues 748, 752
- liquidated
- measure of
- mitigation
- novus actus interveniens , 459, 461
- partial loss of ship and incidental losses
- present law, general principle
- recoverable, by harbour 711
- restitutio in integrum principle , 467
- rule of remoteness
- ‘thin skull’ rule 459, 460
- total loss of ship
-
danger
- dangerous goods causing combustion or fire
- dangerously unsafe ship/unsafe operation of ships 120,
- effect on a towage contract
- environmental 497
- future or contingent
- International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) 50
- International Maritime Dangerous Goods (IMDG) Code 49
- kinds of
- salvage
- temporary difficulty
- vessel in, salvage services by standing by 509
- DAOs (Delegated Ashore Officers) 95
- dead weight capacity (DWC) 231
- death see life, loss of
- Deepwater Horizon incident (2010) 10, 681, 685
- defects guarantee, provision
- defences
- delays
- Delegated Ashore Officers (DAOs) 95
-
delivery of vessel
- condition of vessel on
- delays 246,
- encumbrances or debts at time of 337
- essential documentation for exchange at 293,
- liabilities incurred prior to
- non-delivery as per contract
- passing of property and risk by contract 254
- passing of property and risk by statute 253
- post-delivery matters 293, 360
- see also under Norwegian Sale Form (NSF)
- demise charterers 745
- Department of Energy and Climate Change (DECC) 685
- The Derbyshire disaster (1980) 3, 48
- Designated Person Ashore (DPA) 81
- detention damages
- discharge port, risks at 22
- disparity principle, salvage 482,
- dispute resolution
- dock-owners, negligence 699
- documentation
- Dolly incident (1999) 835
- double-hull tankers, building 222
- DPA see Designated Person Ashore (DPA)
- drilling units 490, 743
- dry-docking (inspection by classification society) see under classification societies
- due diligence
-
duty of care
- breach, collisions at sea
- Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH Act), criminal liability under 127,
- exclusion of common law rules concerning 129
- whether owed to third parties
- ‘relevant’ 127,
- salvage
- towage contracts, skill and diligence requirements
- duty to exercise during towage 616
- Early Warning System for the Baltic Sea 74
- ECDIS see Electronic Chart Display and Information System (ECDIS)
- economic duress
-
EEZ (exclusive economic zone) 55, 693, 824
- Wreck Removal Convention (WRC) 2007 731, 735
- Electronic Chart Display and Information System (ECDIS) 4
- EMCIP (European Marine Casualty Information Platform) 43
- emergency preparedness 23, 83
- employers
- EMSA see European Maritime Safety Agency (EMSA)
-
enforcement, regulatory
- context
- classification societies, role in safety and security of ships
- closer co-operation between flag and port State, need for 71
- flag of ship, importance and role 68
- flag State and PSC, role
- flags of convenience
- industry standards on safety and quality assessment
- international safety measures, compliance with
- other initiatives
- ISM Code see ISM (International Safety Management) Code
- ISPS Code, role for security measures 28,
- oil companies, deterrent effect of vetting by
- context
- Enron scandal, misrepresentation 297
-
environmental salvage 486,
- background
- whether can be tacked on to present Salvage Convention
- whether can stand alone
- feasibility for proposed reform
- financial considerations
- International Salvage Convention 1989
- International Working Group (IWG) 572
- ‘marine environmental protection levy’ 579
- out-of-pocket expenses 571
- proposal for reform
- reasons for reform 572
- Salvors’ Environmental Protection Fund 579
- views of commentators
- Equasis information system 76
- equity of redemption, ‘clog’ or ‘fetter’ on
- Erika I measures (2000)
- Erika II measures (2002)
-
Erika III measures (2009)
- accident investigation (Directive 2009/18/EC)
- civil liability and financial guarantees for damage done by ships (Directive 2009/20/EC) 44
- conformity requirements of flag States (Directive 2009/21/EC)
- inspections by classification societies (Directive 2009/15/EC and Regulation (EC) 391/2009)
- liability and compensation to passengers (Regulation (EC) 392/2009)
- PAL 2002 (2002 Protocol to PAL 1974 Convention) 807
- Port State Control Directive (Directive 2009/16/EC) 42
- proposals 29
- traffic monitoring and places of refuge (Directive 2009/17/EC)
- Erika measures see Erika I measures (2000); Erika II measures (2002); Erika III measures (2009)
-
The Erika disaster (1999) 3, 4, 27, 45, 54, 829
- details 28, 847
- measures following sinking see Erika measures
- estoppel, and exceptions clauses
- European Economic Interest Groupings 142
- European Economic Interest States, incorporation in 142
- European Marine Casualty Information Platform (EMCIP) 43
- European Maritime Safety Agency (EMSA)
- European Quality Shipping Information System (Paris MOU) 74
-
European Union (EU)
- Commission inspections 96
- EU Treaty, British citizens and nationals under
- flagging rules, and tonnage tax 145
- IMO, working in harmony with 27
- LRIT (Cooperative Data Centre) 36, 47
- passenger ships and roll-on/roll-off (ro-ro) vessels, safety and environmental measures 49
- regulatory developments see under regulatory regime
- Three Pillars of competences 56
- evidential estoppel, and exceptions clauses
- exceptions clauses
- exclusion of liability, breach of contract and contractual protection of manager/employees 164
- exclusive economic zone (EEZ) see EEZ (exclusive economic zone)
- ‘extended producer responsibility’ principle 51
-
fatigue, prevention of 19, 22
- MARTHA (fatigue prediction software model) 50
-
fault
- collisions at sea
- deviation through unauthorised route
- general average entitlement, effect on
- PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea)
- PAL 2002 (2002 Protocol to PAL 1974 Convention), fault-based liability under 809
- proportionate fault rule, collisions at sea
- shift from fault-based to strict liability, in passenger claims
- unauthorized deck cargo
- financial issues
-
fines
- MSA 1995, statutory offences under 403, 404, 406
- under CMCH Act 2007 130
- fire
- fishing vessels , 143
- fixtures, loss of use during repairs
- flag of ship
- flag States
- floating platforms 490, 743
- fluctuation clauses, shipbuilding contracts 246
- force majeure events
- foreclosure, mortgagee rights 207
- foreign currency, damages in
- foreseeability
- formal safety assessment (FSA) , 11
- forum non conveniens principle 781
- freezing injunctions, evaluation
- freight
- FSA (formal safety assessment) , 11
- FSS Code (International Code for Fire Safety System) 50
- Full City incident (2009) 741
-
Fund Assembly 1992 831, 835, 838
- Working Group 2000 860
-
Fund Convention 1992
- admissibility of claims and causation
- advisors, use of 839
- application
- territory and waters 836
- ‘but for’ test 840
- claims not covered 840
- defences of Fund 854
- definition of ‘incident’ 836
- definition of ‘vessel’ 835
- direct property damage and consequential loss or expenses
- environmental damage claims
- geographical application
- and HNS Convention 2010 866
- incident and territory
- judgments
- jurisdiction 855
- limited redress for pollution damage caused in 1969 CLC States 853
- meeting of claims 853
- normal business operations claims 838
- oil pollution 830, 831
- pollution damage 837
- pure economic loss 838
- salvors, possible claims by
- sea-going vessels carrying persistent oil in bulk
- subrogation rights
- three-tier compensation system 832
- time bar 855
- types of pollution damage claim
- GA see general average (GA)
- gas floats, and salvage 490
- GBS (Goal-Based Standards) see Goal-Based Standards (GBS)
-
general average (GA)
- accrual of cause of action
- authority to act in
- basis of obligation
- causation
- common maritime adventure 655,
- conditions giving rise to
- danger or peril
- definitions
- ‘Digest of Justinian,’ adopted in 653, 675
- direct consequence 665
- elements 654
- examples
- expenditure or sacrifice 654, 655
- fault, effect on GA entitlement
- foreseeability
- limitation of liability issues 756, 762
- lis pendens rule, Brussels I Regulation 676
- losses, payment for 655
- particular average, distinguished from 654
- particular average loss 662
- property subject to 655
- security
- Special Compensation of Protection and Indemnity Clause (SCOPIC) 560
- threat 662
- UKST towage contracts 666
- York-Antwerp Rules (YAR) 653
- of 1890 656
- of 1924 656, 657, 661
- of 1950 656
- of 1974 656, 657, 658, 659
- of 1994 656
- of 2004 , 659
- construction
- expenses at port of refuge (Rule XI) 656, 661, 663
- origin and application
- provision of funds (Rule XX) 656, 661
- Rule A 661, 664
- Rule C 665
- Rule D 666
- Rule E 665
- salvage remuneration (Rule VI) 656
- temporary repairs (Rule XIV) 656, 659
- voluntary nature of 657
- Global Integrated Shipping Information System (IMO) 43
-
Goal-Based Standards (GBS) 73, 76
- shipbuilding contracts 221, 222
- good faith concept
- government wrongful act defence, pollution
- Greek Shipping Cooperation Committee 59
- Green Flag Award 74
- gross negligence/gross negligence manslaughter
- Gulf of Mexico Deepwater Horizon incident (2010) 10, 685
- Hague-Visby Rules (HVR), due diligence under
-
harbour authorities
- accountability 690,
- claims 180
- duties
- environmental protection
- ISM Code 680
- limitation of liability 750
- open port duty 690
- pilotage
- pilots
- accountability for safety and risk management
- authorisation
- authority of
- charges by competent harbour authority 730
- civil liability
- communication with 23
- Directive 1999/42/EC , 714
- duties in a compulsory pilotage area
- duties of competent authority in relation to
- function 712
- IMO recommendations
- International Best Practice for Maritime Pilots 714
- International Maritime Pilots Association 714
- liability
- negligence, liability of ship-owners for
- offence not to have
- PA 1987 713,
- recognition of qualifications 715
- relationship with master
- risk assessment 713
- and risks
- rules of engagement 718
- services, obligation to provide
- statutes
- training, certification and operational procedures 714
- voluntary services, when exceptional
- powers 680, 687
- risk management by
- statutory duties and liabilities
- types
- Wreck Removal Convention (WRC) 2007
- harbour master, potential offences by
- harbours
-
harm, possibility of 5
- foreseeability 411
- hazards
-
The Herald of Free Enterprise disaster (1987) 3, 18, 77
- attribution of liability 123, 124, 125
- facts of case 125
- high-risk area (HRA) 7
- Himalaya clauses
- HM Coastguard 491, 506
-
HNS (Hazardous and Noxious Substances) Convention 2010 821,
- concept of ‘damage’ 866
- damage covered
- exclusions 871
- and Fund Convention 1992 866
- geographical application 868
- IMDG Code (International Maritime Dangerous Goods) Code 867
- jurisdiction 870, 871
- limitation
- modelled on CLC Fund regime 866
- registered ship-owner’s liability 868
- ships covered 866
- strict liability and defences
- substances covered 867
- time bar 871
- two or more ships 869
- Horizon Project, on crew fatigue 50
-
hovercraft
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976 743
- salvage 491
- hull and machinery (H&M) insurance cover 109, 187
- hypothecation, and ship mortgage
- IACS (International Association of Classification Societies) see International Association of Classification Societies (IACS)
- IBC Code (International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk) 50
-
identification doctrine
- corporate criminal liability 126
- limitation of liability 115
- or alter ego of company/corporation 97
- and role of DPA 112
- IMDG Code (International Maritime Dangerous Goods) Code 49, 867
- imprisonment, statutory offences under MSA 1995 403, 404, 406
- IMSBC Code (International Maritime Solid Bulk Cargoes Code) 48
- incorporation of company, risk management 17
- indemnity clauses
- independent contractors, limitation of liability
- industry support organisations 27
- inevitable accident defence, collisions at sea
- infrastructures of shipping companies
- injury prevention 22
-
inspections/surveys of ships
- by classification societies
- conformity requirements of flag States 31
- Directive 94/57/EC (1994)
- Directive 2001/105/EC (2001) 30
- Directive (Recast) 2009/15/EC (2009) ,
- financial responsibility provision 30
- monitoring of conformity with international standards
- Recognised Organisations 30, 40
- Regulation (EC) 391/2009
- sales and purchases
- European Commission 96
- expanded inspection 33
- by Port State Control 33
- purchase and sale of ships
- by classification societies
- Institute Cargo Clauses A, B and C (1982) 655
- Institute Clauses for Builder’s Risk terms 257
- Institute Clauses for H&M 478
- Institute Time Clauses Hull 113
- Institute Time Clauses Hull (1983, 1995) 655
- instructions, clarity requirement 21
-
insurance issues
- adjustment of claims 479
- collisions at sea
- compulsory insurance see compulsory insurance
- constructive total loss 110
- ‘cross’ liability 479
- effect of ISM Code upon
- general average losses 655
- as indemnity contracts 479
- and limitation of liability 740, 789
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976 740
- management of ships
- mortgage of ships
- operating without 10
- ‘pay to be paid’ rule 479
- provisions 113
- running-down clause 478, 479
- shipbuilding contracts
- sustainability of viable insurance system 740
- third-party liability insurance
- towage 651
- uberrima fides contracts 296
- ‘umbrella of a member’s entry,’ co-assurance 167
- war-or terrorism-risks insurance
- see also hull and machinery (H&M) insurance cover; liability insurer; protection and indemnity (P&I) cover
- Intercargo 59, 73
- Inter-Governmental Consultative Organization (IMCO) 881
- Interim DOC (IDOC) 85, 86
- Interim SMC 86
-
International Association of Classification Societies (IACS) 72, 75
- Common Structural Rules 73, 76, 222
- International Atomic Energy Agency (IAEA), Vienna Convention on Civil Liability for Nuclear Damage 1963 872,
- International Best Practice for Maritime Pilots 714
- International Civil Aviation Organisation 31
- International Code for Fire Safety System (FSS Code) 50
- International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) 50
- International Conference for Limitation of Liability, London (1976) 742
- International Convention for the Prevention of Pollution from Ships (MARPOL) see MARPOL (International Convention for the Prevention of Pollution from Ships) 1973
- International Convention for the Safety of Life at Sea (SOLAS) see SOLAS (International Convention for the Safety of Life at Sea) 1974
- International Conventions
- International Goal-Based Construction Standards for Bulk Carriers and Oil Tankers 222
- International Group of P&I (IGP&I) Clubs 73, 556, 557, 861
- International Hull Clauses (2003) 655
- International Maritime Dangerous Goods (IMDG) Code 49
-
International Maritime Organization (IMO) 5
- Assembly 77, 78, 221
- Council, 89th session 221
- EU, working in harmony with 27
- Facilitation Committee 875
- formal safety assessment (FSA) developed by 6, 11
- 49th Plenary Session (2003) 32
- Global Integrated Shipping Information System 43
- Guidelines (on traffic monitoring and places of refuge) ,
- IMO Resolution LEG 5(99) 741,
- information provision to 96
- Legal Committee 46, 793, 811, 815, 816, 818, 883, 884
- and London Convention 1972 826
- Marine Environment Protection Committee (MEPC) 32, 875
- Maritime Environment Committee (MEP) 52
- passenger ships and roll-on/roll-off (ro-ro) vessels, safety and environmental measures
- pilotage recommendations
- regulatory developments see under regulatory regime
- Reservation and Guidelines 2006 792, 820
- self-audit system for flag States 41
- tacit acceptance procedure
- International Maritime Pilots Association 714
- International Maritime Solid Bulk Cargoes Code (IMSBC Code) 48
-
International Oil Pollution Compensation Funds (IOPC Funds) 831
- compared to HNS Fund 866
- Fund Assembly 1992 831, 835, 838, 860
- Manuals of Incident Reporting 822, 838, 839, 841
- pollution damage claims under MSA 851
- International Organisation for Standardisation (ISO), piracy risk assessment and planning guidelines
-
International Safety Management (ISM) Code
- amendments 78
- carriage of goods contract, effect on liability arising from
- collisions at sea 387, 405, 407
- consequences of breach of provisions
- co-ownership 138
- criminal liability and role of ISM Code
- CSWPMS, effect on 87
- deterrent effect
- duties of company under and effect of 2010 amendments
- ECDIS, effect on
- and flags of convenience
- harbour authorities 680
- insurance issues, effect upon
- legal implications upon liabilities
- limitation of liability and role of ISM Code faults
- management agreements 147
- mortgage of ships 187
- non-compliance 19
- objectives 80
- origin
- Part A
- company responsibilities and authority 81
- company verification, review and evaluation 84
- core provisions
- Designated Person Ashore (DPA) 81
- documentation 84
- emergency preparedness 83
- functional requirements for a safety management system 80
- general definitions 79
- master’s responsibility and authority
- non-conformities, accidents and hazardous occurrences 83
- objectives 80
- resources and personnel 82
- safety and environmental protection policy
- shipboard operations
- Part B
- philosophy , 131
- risk assessment and management under 4, 6
- safety, role in 78
- safety management system (SMS) 8, 9
- ship manager, general obligations under 159
- and SOLAS 824
- stages of risk management 19, 20
- teamwork requirement
- and third-party ship manager, role 112
- UK statutory instrument implementing (Merchant Shipping (ISMC) Regulations 1998)
- see also International Safety Management (ISM); safety and environmental measures
-
International Salvage Convention 1989
- application
- Article 13 award 558
- Article 14
- whether environmental damage can be tacked on to
- fair rate
- general application
- increment 556
- master’s authority under
- pollution 828
- recognised subject of salvage
- ‘relevant waters’ 488
- remedy for negligent misconduct under
- role
- security for special compensation 556
- substantial physical damage 555
- territorial limits 554
- threatened damage 555
- towage versus salvage 584
- see also salvage
- International Salvage Union (ISU) see ISU (International Salvage Union)
- International Sewage Pollution Prevention (ISPP) Certificate 334, 335, 336
-
International Ship and Port Facilities Security (ISPFS) Code 28
- application
- EU Commission inspections 96
- extent of control on entry into ports 95
- IMO, information provided to 96
- master, role of 95
- piracy risk assessment and planning guidelines 20
- port facility requirements 96
- regulatory enforcement
- requirements 95
- role for security measures
- ship management 147
- ship security alert system 96
- International Standards Organisation (ISO)
- International Tonnage Certificate 145
- International Transport Intermediaries Club (ITIC) 167
- International Transport Workers’ Federation, industrial action by 68
- Intertanko 59, 73
- IOPC Funds see International Oil Pollution Compensation Funds (IOPC Funds) ISM Code see International Safety Management (ISM) Code
- ISO see International Organisation for Standardisation (ISO)
- ISO (International Standards Organisation)
- ISPFS Code see International Ship and Port Facilities Security (ISPFS) Code
- ISPP (International Sewage Pollution Prevention Certificate) 334, 335, 336
- ISPS Code see International Ship and Port Facilities Security (ISPFS) Code
- ISU (International Salvage Union) 59, 556, 557
- ITIC (International Transport Intermediaries Club) 167
- Joint Long-term Programme (JLTP), London Convention and Protocol (LC/LP)
- joint tenants 136
- JS Amazing incident (Nigeria 2009) 845
- jurisdiction
- key performance indicators (KPIs) 25
- ‘knock-for-knock’ clauses, towage contracts 582, 652
- knowledge
- lawful act duress, shipbuilding contracts 249
- LC/LP (London Convention and Protocol) 826, 827
- legal risk management 8
- lex fori, conflict of laws , 185
-
liability
- attribution of see attribution of liability
- civil see civil liability
- criminal see criminal liability
- limitation of see limitation of liability issues
-
liability insurer
- direct action against 750
- trigger of liability, statutory 749
- when right of action against 749
- liability salvage , 546
- liens
-
life, loss of
- claims
- fault-based liability caused by non-shipping incident 809
- PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea)
- PAL 2002 (2002 Protocol to PAL 1974 Convention) 812
- passenger claims 751
- prevention 22
- see also life-saving safety measures
- proportionate fault rule, exception to 441
- strict liability 808
- lifeboat crews of RNLI, salvage by
- life salvage , 546
- Life-Saving Appliances (LSA) Code 407
-
life-saving safety measures
- breach of statutory duty with regard to 407
- Merchant Shipping Act offences 120
- see also Colregs (International Regulations for Preventing Collisions at Sea), 1972; life, loss of
- lighthouses, buoys or beacons, statutory offences in relation to
- lights and shapes, Collision Regulations
- likelihood of incident happening 5
- Limitation Fund
-
limitation of liability
- act or omission 766,
- Admiralty Court procedure relating to
- breach of contract and contractual protection of manager/employees 165
- Bunkers Convention (Bunker Oil Pollution Damage Convention) 2001 864
- charterers ,
- claims excepted from limitation
- claims subject to limitation
- all claims, whether for damages, debt or indemnity 752
- clean-up expenses
- delay, loss resulting from 758
- infringed rights 758
- litigation costs claims
- loss of life and personal injury of passengers 751
- measures taken to avert/minimise loss 761
- occurring on board/in direct connection with operation of ship or with salvage operations
- owners and charterers
- wreck removal
- comparison between Convention provisions
- act or omission 766
- causation 767
- persons liable 766
- whether specific loss or damage 767
- type of loss 766
- compulsory insurance, EU Directive (2009/20/EC) 789
- conduct barring limitation/exclusion of liability
- act or omission 766,
- ‘actual fault or privity’ test under 1957 Convention
- burden of proof 767
- carriers 766
- causation 767
- comparison between Convention provisions
- fault of ship managers under both Conventions
- mental element
- personal act or omission/omission of others
- persons liable 766
- whether specific loss or damage 767
- test barring limitation
- type of loss 766
- damages 748, 752
- exclusion of total liability
- fire on board
- general average claims 756, 762
- harbour authorities 702, 750
- HNS (Hazardous and Noxious Substances) Convention 2010
- identification doctrine 115
- IMO Resolution LEG 5(99) 741,
- indemnity claims 752,
- and insurance 740, 789
- International Conference for Limitation of Liability, London (1976) 742
-
ISM Code, role
- justification of
- liability insurer
- Limitation Fund
- Limitation Fund, establishment
- litigation costs claims, exclusion
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1957 104,
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976 , 740
- management of ships 165, 746,
- measures taken to avert/minimise loss 761
- mental element
- modern trends
- offshore supplytime charters 650
- owners and charterers, claims as between
- PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea)
- persons entitled to limit
- rationale for 740
- recourse claims ,
- risk management issues
- role of DPA
- role of ISM Code
- salvage , 756, 762
- salvors
- ship-ownership
- theft of valuables, present law
- three-tier compensation system 833
- towage contracts , 650
- travaux préparatoires 746, 747, 769
- liquidated damages
- lis pendens rule, Brussels I Regulation 676, 781
- litigation costs claims, limitation of liability
- litigation risks 23
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1957 104,
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976 740
-
Lloyd’s Open Form (LOF) 1980 481, 484, 511, 553
- ‘safety net’ concept 497
- Lloyd’s Open Form (LOF) 1990 522, 523, 546, 551
- Lloyd’s Open Form (LOF) 1995 523, 546
- Lloyd’s Open Form (LOF) 2000 511, 523, 546, 561
- Lloyd’s Open Form (LOF) 2011 482, 523, 546, 562
- Lloyd’s Register 59
- Lloyd’s Standard Salvage and Arbitration Clauses (LSSA), changes to
- logbook of ship, Merchant Shipping Act offences 119
-
London Shipping Law Centre 75, 77
- Seventh and Eighth Cadwallader Lectures (2004 and 2005) 59
- London Trinity House 388
- long-range identification and tracking of ships (LRIT), system, EU 36, 47
- lookout, steering and sailing rules (Collision Regulations) 392
-
losses
- actual not speculative charter
- apportioning
- cargo claimed against non-carrying ship 478
- causing by unlawful means
- colliding ships 478
- consequential 473,
- constructive total loss (CTL) 110
- currency of
- delays 758
- expectation 373
- fixture, loss of use during repairs
- of life 22, 441,
- limitation or exclusion of liability, conduct barring 766, 767
- mental element
- partial loss of ship and incidental losses
- particular average 662
- payment for, general average 655
- physical damage to insured ship 478
- pure economic loss 412, , 838
- reliance 373
- yardstick applicable to ascertain loss sustained
- see also damages
- LRIT (Cooperative Data Centre), EU 36, 47
- LSSA see Lloyd’s Standard Salvage and Arbitration Clauses (LSSA), changes to
-
luggage
- defined 796
- PAL 1974 limits for loss of or damage to 801
- PAL 2002 Protocol on loss or damage 809, 812
- Lyme Bay canoeing tragedy (1993) 123
- MAIB (Marine Accident Investigation Branch) 91, 117
- maintenance of ship, mortgagor obligations 187
-
management of ships
- agreements
- authority of ship managers
- best endeavours
- broad terms 147
- confidentiality clauses in agreements 152
- CREWMAN A and B 2009 (ship management agreement) 135, 146, 147, 165
- criminal liability
- discretion of managers 150
- duties of ship manager
- exclusion of liability 164
- fiduciary duty of ship manager
- indemnity and Himalaya clauses
- insurance and risk management
- limitation of liability 165, 746,
- obligations of ship manager
- overview 145
- reasonable endeavours 153, 154
- shipbrokers and agents 145
- SHIPMAN 2009 (form) see SHIPMAN 2009 (management agreement form)
- statutory duties
- third-party managers 146
- see also ship-ownership
- manslaughter
-
Mareva relief, freezing injunctions 356
- see also freezing injunctions, evaluation
- Marine Accident Investigation Branch (MAIB) 91, 117
- Marine Environment Protection Committee (MEPC) 32, 875
- Maritime and Coastguard Agency (MCA) 47
- maritime assistance services 569
- Maritime Environment Committee (MEP) 52
- Maritime Guidance Note, UK 22
- Maritime Labour Convention (MLC) 2006, general safety and environmental measures
- Maritime Safety Committee (MSC) 21, 221, 875, 880
- Maritime Subsidy Board, US Department of Maritime Administration 222
-
MARPOL (International Convention for the Prevention of Pollution from Ships) 1973 824
- amendment 885
- and Criminalisation Directives 58
- MARTHA (fatigue prediction software model) 50
- Maritime Assistance Services (MAS)
- MAS (Maritime Assistance Services)
- master of ship
- Memoranda of Understanding (MOUs)
- Memorandum of Agreement (MOA)
- mens rea offences
- MEP (Maritime Environment Committee) 52
- MEPC (Marine Environment Protection Committee) 32, 875
- Mercantile Fund 491
- Merchant Shipping Act (MSA) 1988
-
Merchant Shipping Act (MSA) 1995
- collisions at sea
- civil liability 412
- criminal liability 401
- definition of vessel and ship 391
- limitation periods for commencement of claims 477
- loss of life and personal injury claims 445
- proportionate fault rule 435, 440
- ships subject to 390
- statutory offences under
- statutory presumption of fault and subsequent abolition 388
- time bar defence 433, 434
- ‘used in navigation’ 391
- court jurisdiction 850
- eligibility to own a British ship under
- harbour authorities 692, 693, 702, 750
- Limitation Fund, bar to other actions 850
- limitation of liability 742, 743, 750
- oil spills, criminal liability 872
- pollution control 825, 826
- salvage
- application of 1989 Convention 487, 489, 490
- recognised subject 489
- wrecks 490
- collisions at sea
-
Merchant Shipping Acts
- statutory offences under
- breach of documentation and reporting duties
- collisions at sea 122,
- conduct endangering ships, structures or individuals
- dangerously unsafe ship 120,
- directions following shipping casualties, breach of duty to give 408
- disobeying Collision Regulations
- failure to give assistance to vessels after collision or to vessels/persons in distress 403
- life-saving safety measures 120, 407
- lighthouses, buoys or beacons
- logbook of ship 119
- notices
- rules of special ships 120
- safe manning regulations 120
- unsafe operation of ships ,
- see also Merchant Shipping Act (MSA) 1988; Merchant Shipping Act (MSA) 1995
- statutory offences under
- Meridian rule of attribution 98, , 112
- misrepresentation
- mitigation (damages)
- mortgagee’s interest insurance (MII) 219
-
mortgage of ships
- appurtenances 173
- cargo on board not part of security 174
- charge compared
- charterparties, covenant as to 188
- chattel security 178
- common law possessory lien compared 178
- comparison of ship mortgage with other types of security
- conflict of laws
- freight not part of security 174
- further advances 179
- harbour authority’s claims, effect upon mortgagee’s priority 180
- inherent risks 169
- interference with third-party contracts by mortgagee
- loan agreement 169
- mortgagee rights
- mortgagor obligations
- bound by contractual covenants
- charterparties, covenant as to 188
- collateral security, assignment of earnings as 188
- discharge of claims or liens 188
- insurance
- legal trading 188
- maintenance of ship in good condition and repair 187
- notification of mortgagee 187
- not to sell or grant a charge on the ship 188
- statutory 188
- mortgagor rights
- nature of
- OBG v Allan decision
- pledge compared 178
- possession, right of mortgagee to take
- preferred ship mortgage (Greek legislation) 177
- priorities
- ‘project finance’ transaction, newly constructed ships
- property subject to mortgage
- property transfer theory, origin and deconstruction
- purpose of registered mortgage 173
- redemption right (no clog on equity of redemption)
- registration scheme, statutory
- rights in rem/rights in personam 181, 185, 195
- risk management and insurance issues of mortgagee
- sale, power of
- security, impairment of
- statutory, prevailing theory
- unregistered ships and status of unregistered mortgage 176
- validity from 178
- MSC (Maritime Safety Committee) 21, 221, 875, 880
- narrow channels, steering and sailing rules (Collision Regulations)
- National Contingency Plan for Marine Pollution from Shipping and Offshore Installations 825
- natural phenomenon defence, pollution
- navigational risks 22
- necessity defence, collisions at sea 433
-
negligence
- collisions at sea 389, ,
- contributory negligence see contributory negligence
- dock-owners 699
- general average entitlement 667
- gross negligence/gross negligence manslaughter 63, 123, , 649
- independent contractors 747
- passenger claims/PAL 1974 Convention 802
- pilots
- principles 411, 413
- salvage
- ‘serious’ negligence, elusive concept under Criminalisation Directive (Directive 2009/123/EC)
- servants or agents of carrier 802
- stevedores 747
-
Tojo Maru case (salvage)
- arbitrator’s decision 531
- CA decision
- damages by way of counterclaim 537
- House of Lords decision 534
- judge at first instance 532
- method of assessment of award 537
- method of assessment of damages 537
- ‘more good than harm’ principle 534, 535
- ordinary principles of negligence at common law applied 536
- summary of principles 535
- volunteers on land and professional salvors
- nemo dat quod non habet doctrine, joint tenants 136
-
NEWBUILDCON (standard new building contract)
- establishment by BIMCO (2008) 222
- excusable delays under
- form 2012 18
- objectives 222
- sections and clauses
- Clause 14 (builder’s refund guarantee) 245, 273, 276, 278
- Clause 19 (completion stage) 252
- Clause 20 (approvals) 252
- Clause 21 (supplies) 252, 257
- Clause 24 (modifications of specification) 252, 264
- Clause 26 (modifications of specification) 252
- Clause 27 (sea trials) 253, 260
- Clause 31 (passing of property) 254
- Clause 34 (delays) 252, 260, 263, 264
- Clause 35 (builder’s obligations) 254, 255, 257
- Clause 37 (guarantee obligations) 256, 257
- Clause 38 (insurance obligations) 257
- Clause 39 (termination events) 245, 258, 259, 261, 264, 275, 276, 277
- Clause 42 (dispute resolution) 285
- Clause 45 (assignment) 284
- outline 222, 241
- Section 1 (description of vessel) 244
- Section 2 (price and method of payment) 244, 245
- Section 3 (specification) 252
- Nissos Amorgas incident (Venezuela 1997)
- ‘no cure, no pay’ principle, salvage 481, 482, 484, 485, 511, 552, 553, 557, 605
- non-conformity, meaning under ISM Code 79
- non-disclosure, salvage
- non-separation agreements, general average
-
Norwegian Sale Form (NSF) 292
- ‘appropriate amendments,’ subject to 314
- Clause 2 (deposit) 316, 323, 324, 325, 326
- Clause 3 (payment of purchase price) 330, 332, 333, 353
- Clause 4 (inspection) 327, 328, 344
- Clause 5 (time and place of delivery and notices) 333, 334, 353
- Clause 6 (diver’s inspection and dry docking) , 343
- Clause 7 (seller’s obligation regarding listing spares, etc) 334
- Clause 8 (documents) 334, 335
- Clause 9 (encumbrances)
- actual or contingent liabilities 337
- construction by courts
- documentation 334
- encumbrances or debts at time of delivery 337
- guarantee provision 337
- indemnity provision (liabilities incurred prior to delivery)
- other breaches by seller 353
- risk management 18
- safeguarding against breach of
- seller’s undertaking
- spurious claims 337
- Clause 11 (condition of vessel on delivery) 335,
- Clause 13 (buyer’s default) 324, 325, 326, 351
- Clause 14 (seller’s default) 333, 334, 335, , 353
- Clause 15 (buyer’s representatives) 323
- Clause 18 (entire agreement clause)
- exceptions clauses and estoppel 302
- express wording (2012 form) 348
- notification to class 342
- see also sale and purchase risks (second-hand ships)
- notice of readiness (NOR) 292,
- notices
- novus actus interveniens
- NSF see Norwegian Sale Form (NSF)
-
nuclear damage 821,
- Brussels Supplementary Convention 1963 and Protocols of 1964 and 1982 872
- Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention 1988 873
- limitation of liability issues 762
- NUCLEAR 71 (Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material 1971) 874
- Paris Convention on Third Party Liability in the Field of Nuclear Energy 1960 872,
- UK legislation 874
- Vienna Convention on Civil Liability for Nuclear Damage 1963 872,
- Nuuk Declaration 2011, pollution 826
- objective evidence, meaning under ISM Code 79
- OCIMF see Oil Companies International Marine Forum (OCIMF)
- OECD (Organisation for Economic Co-operation and Development), Paris Convention on Third Party Liability in the Field of Nuclear Energy 1960 872,
- OHSAS (Occupational Health and Safety Standard) 18001
- oil companies, deterrent effect of vetting by
- Rowan case
- vetting practice
- and Vitol charter 92, 93
- Oil Companies International Marine Forum (OCIMF) 4, 24, 76
-
oil pollution
- current regime
- Fund Convention 1992 830, 831
- international compensation regime
- IOPC Funds 831
- limitation of liability 762
- oil pollution damage compensation fund 39
- oil pollution emergency plans (OPEPs) 685
- Oil Pollution Incident Response Training Guidelines for UK Offshore Oil Industry 685
- old regime 829
- OPRC (International Convention on Oil Pollution Preparedness, Response and Co-operation) 1990
- persistent oil 867
- sea-going vessels carrying persistent oil in bulk
- Secretary of State powers in relation to legislation
- Small Tankers Oil Pollution Indemnity Agreement (STOPIA) 578, 830, 860, 861
- spills, criminal liability under MSAs 872
- Supplementary Fund 2003
- Tankers Oil Pollution Indemnity Agreement (TOPIA) 578, 830, 860
- see also compensation; International Oil Pollution Compensation Funds (IOPC Funds); pollution
- oil rigs, and salvage 490
- oil spills 845, 872
- open port duty, harbour authorities 690
- operative mistake, salvage
- Organisation for Economic Co-operation and Development (OECD) 76
-
out-of-pocket expenses
- environmental salvage 571
- partial loss of ship and incidental losses 473
- salvage compensation 549
- ownership see ship-ownership
-
P&I clubs 22, 76, 479, 860
- compulsory insurance 734
- passenger claims 815
- salvage 555, 558, 578
- unseaworthiness 673
- see also protection and indemnity (P&I) cover
- P&I insurance see protection and indemnity (P&I) cover
- Pacific Adventurer incident (2009) 740
-
PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea)
- application and scope
- contributory negligence 802
- definitions
- exclusion of application 795
- fault-based liability under ,
- ‘international carriage,’ applicable to 794, 795
- invalidity of contractual provisions 814
- jurisdiction 803
- limitation of liability
- and LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976
- negligence of servants or agents of carrier 802
- non-seagoing and sea-going ships
- persons liable 797
- presumed fault under 798
- and Protocol of 1996
- ratification 792
- risk assessment, relevance
- strict liability, shift from fault-based
- time limits 802
- travel agents, contracts of carriage through
- valuables, carriage of
- see also passenger claims
- PAL 2002 (2002 Protocol to PAL 1974 Convention) see Athens Convention 2002 (2002 Protocol to PAL 1974 Convention)
- Panamanian flag, and flags of convenience 69, 181
-
Paris Memorandum of Understanding (MOU), 1982
- blacklist of flags 33, 42
- compliance with international safety measures 69
- conformity requirements of flag States 40
- European Quality Shipping Information System established by 74
- part charterers 745
- partial loss of ship and incidental losses
-
passenger claims
- amounts of potential liability 820
- Athens Convention 2002 791, 797, 807, 820
- background
- contributory negligence 802
- death or personal injury claims 808, 809, 812
- definitions
- Erika III measures (2009)
- IMO Reservation/Guidelines 2006 792, 820
- LLMC (Convention on Limitation of Liability for Maritime Clauses) 1976 744
- loss of life and personal injury 751
- see also life, loss of
- luggage
- defined 796
- PAL 1974 limits for loss of or damage to 801
- PAL 2002 Protocol on loss or damage 809
- minimum tonnage 744
- MS (Carriage of Passengers by Sea) Regulations 2012 819
- negligence 802
- PAL 1974 Convention see PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea)
- PLR (Passengers Liability Regulation) 2009
- Protocol 2002 see Athens Convention 2002 (2002 Protocol to PAL 1974 Convention)
- regional organisations, competence 793
- strict liability, shift from fault-based
- tacit acceptance procedure 793
- travel agents, contracts of carriage through
- valuables, carriage of , 812
- passenger ships and roll-on/roll-off (ro-ro) vessels
- passing of property
- PCS see Port State Control (PCS)
- penalties
-
performance of voyage, risks at
- accident aftermath 23
- bulkhead failures and stresses, management 21
- cargo loading 21
- clear instructions requirement 21
- crew training 21
- discharge port 22
- emergency procedures, accident aftermath 23
- injury prevention 22
- loss of life prevention 22
- navigational 22
- pilot, communication with 23
- piracy risk assessment and planning
- stowaways 22
- voyage planning 20
- Permanent Cooperation Framework, accident investigation 43
- personal injury claims
- personal injury claims, collisions at sea, ‘thin skull’ rule 459, 460
- personnel of ship
- ISMO Code 82
- towage contracts, liability and cross-indemnity issues
- pilotage
- Pilotage Commission, Advisory Committee on Pilotage 713
-
pilots
- accountability for safety and risk management
- authorisation
- authority
- charges by competent harbour authority 730
- civil liability
- communication with 23
- compulsory pilotage defence, abolition (1913) 722
- Directive 1999/42/EC , 714
- duties in a compulsory pilotage area
- duties of competent harbour authority in relation to
- function 712
- IMO recommendations
- International Best Practice for Maritime Pilots 714
- International Maritime Pilots Association 714
- liability
- and master of ship
- negligence, liability of ship-owners for
- offence not to have
- PA 1987 713,
- recognition of qualifications 715
- relationship with master
- revision of duties by PMSC 2012 and IMO Resolution A.960
- risk assessment 713
- and risks
- rules of engagement 718
- statutes
- training, certification and operational procedures 714
- voluntary services, when exceptional
- see also pilotage
- Piper Alpha oilrig explosion (1988) 123
- piracy issues
- places of refuge
- platforms 490, 743
- pledge, ship mortgage compared 178
- PLR (Passengers Liability Regulation) 2009
-
pollution
- accidental causation following marine accident 58
- Bunkers Convention (Bunker Oil Pollution Damage Convention) 2001
- BWM Convention (International Convention for the Control and Management of Ships, Ballast Water and Sediments)
- channelling provisions
- Civil Liability Convention (CLC) 1992 see CLC (Civil Liability Convention) 1992
- Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) 29,
- Criminalisation Directives on ship-source pollution see Criminalisation Directives on ship-source pollution
- damage see pollution damage
- European Maritime Safety Agency, pollution prevention role 37
- Fund Assembly 1992 831, 835, 838, 860
- Fund Convention 1992 see Fund Convention 1992
- Hong Kong Convention (Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships) 828
- International Convention on the Control of Harmful Anti-Fouling Systems on Ships 827
- International Sewage Pollution Prevention (ISPP) Certificate 334, 335, 336
- Intervention Convention 825
- London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters
- MARPOL (International Convention for the Prevention of Pollution from Ships) 58, 824
- National Contingency Plan for Marine Pollution from Shipping and Offshore Installations 825
- Nuuk Declaration 2011 826
- oil see oil pollution
- ‘polluter pays principle’ 51
- Salvage Convention see International Salvage Convention 1989
- SOLAS (International Convention for the Safety of Life at Sea) 72, 824
- Special Compensation of Protection and Indemnity Clause (SCOPIC) see SCOPIC (Special Compensation of Protection and Indemnity Clause) 2000 560
- Supplementary Fund Protocol see Supplementary Fund Protocol 2003
- Tanker Management Self-Assessment (TMSA) 578
- towage contracts 651
- UNCLOS (United Nations Convention on the Law of the Sea)
- Wreck Convention see WRC (Wreck Removal Convention) 2007
- see also compensation
-
pollution damage
- advisors, use of 839
- Bunkers Convention (Bunker Oil Pollution Damage Convention) 2001 863
- caused in 1969 CLC States 853
- CLC (Civil Liability Convention) 1992 836, 837
- defined 837
- direct property damage and consequential loss or expenses
- environmental
- Fund Convention 1992 837
- loss or expenses
- MSAs, bringing claims under 851
- prevention of normal business operations 838
- property 837
- pure economic loss 838
- types of claim
- in United States 828
- see also oil pollution; pollution
- port authority, civil liability
- Port Maritime Safety Code (PMSC) 2012 680, 682
-
ports
- contractual duty to make reasonably safe
- duty to maintain in good condition
- duty to operate
- entry into, extent of control 95
- facility requirements 96
- Guide to Good Practice on Port Marine Operations 2012 682, 690, 696, 713
- harbour authorities, duties in relation to ,
- major, in UK 683
- open port duty 690
- role in inspections and enforcement of legislation 686
- security 712
- see also Port State Control (PCS)
- Port State Control (PSC) regime 5
- port trusts 683
- possession, mortgagee in
-
The Prestige disaster (2002) 27, 28, 31, 45, 54, 383, 829
- pollution 847, 848
- privity 99, 109
- privity of contract doctrine, towage contracts 635
- property
- property salvage 546
- proportionality
- proportionate fault rule, collisions at sea
-
protection and indemnity (P&I) cover 10, 23, 109, 186
- P&I clubs see P&I clubs
- see also insurance issues
- proximity, collisions at sea 411, 412
- public authorities, salvage operations controlled by
- purchase and sale of ships see sale and purchase risks (second-hand ships)
- ‘qualifying ships,’ tonnage tax 144, 145
- quality shipping 25
- Quality Shipping Campaign 75, 76
- RDC (running-down clause), insurance issues 478, 479
-
reasonableness requirement
- ‘all reasonable endeavours’ 526, 527
- best endeavours and reasonable care
- conduct 369
- exceptions clauses, curtailment (Misrepresentation Act 1967, Section 3) 305
- exclusion clauses, ship-building contracts 238
- general average 664
- identification doctrine 102
- port safety
- reasonable endeavours 153, 154
- salvage, due care 529
- traffic monitoring and places of refuge (Directive 2009/17/EC) 46
- unreasonable conduct and break in chain of causation
- Wreck Removal Convention (WRC) 2007
- York-Antwerp Rules (YAR) 658
- receiver appointments, mortgagee rights
-
recklessness
- Criminalisation Directives on ship-source pollution 62, 63
- reckless killing, under CMCH Act 2007 127
- towage contracts 649
- Recognised Organisations (ROs) 30, 40, 75
- Recognised Security Organisations (RSOs) 95
- recourse claims, limitation of liability ,
- recycling provisions 828
- Redffren incident (Nigeria 2009) 845
- refuge, places of
-
registration of ships, in UK
- Central Register 142
- conflict of laws 180
- evidence, provision of 135
- ‘flagging out’ of ships to foreign registries 139
- and flags of convenience 145
- ‘quota hopping’ by non-British ships, preventing 140
- Registration of British Vessels 1823–5 170
- see also ship-ownership
-
regulatory regime
- Criminalisation Directives on ship-source pollution see Criminalisation Directives on ship-source pollution
- Erika measures see Erika I measures (2000); Erika II measures (2002); Erika III measures (2009)
- general safety and environmental measures
-
rejection of vessel
- sale and purchase risks (second-hand ships) 354
- termination of shipbuilding contract 260
-
remedies
- damages see damages
- general average entitlement 666
- sale and purchase risks (second-hand ships)
- breaches by seller 353
- breach of statutory terms by seller
- buyer’s remedies
- delay in delivery or non-delivery as per contract
- whether freezing injunctions a protective measure for buyer
- measure of damages
- Misrepresentation Act 1967, under
- non-performance by one party, available options
- seller’s remedies 351
- shipbuilding contracts
- repairs
- reporting duties, breach under Collision Regulations
- res ipsa loquitur, breach of duty of care
- resources, ISMO Code 82
-
respondeat superior principle 617, 726, 729
- limitation of liability 770, 771, 773
- responder immunity 571,
- restitutio in integrum principle, damages , 467
-
rights in rem/rights in personam 390, 504
- mortgage of ships 181, 185, 195
- risk exposure
-
risk management
- accountability for
- and assessment
- best endeavour clauses, drafting
- by brokers
- collective responsibility and commitment
- definition of ‘risk’ 5
- funding for risk control and training 25
- by harbour authorities
- high-risk and low-risk ships 42
- and insurance
- legal 8
- limitation of liability and role of ISM Code
- mortgage of ships, risks in see mortgage of ships
- option agreements, drafting of shipbuilding contracts
- PAL 1974 Convention (Athens Convention 1974 relating to Carriage of Passengers and their Luggage by Sea), relevance of risk assessment under
- refund guarantee
- rescission by builder 284
- safety culture 10
- sale and purchase risks (second-hand ships)
- science of 4
- shipbuilding contracts, making
- ship-ownership see ship-ownership
- stages
- standards for risk control
- towage contracts
- and tug fitness
- risk profile 9
- risk tolerance
- RNLI see Royal National Lifeboat Institution (RNLI)
- route (unauthorised), deviation through
- Royal National Lifeboat Institution (RNLI) 491
- Royal Navy, orders of naval commander 504
- RSOs (Recognised Security Organisations) 95
- running-down clause (RDC), insurance issues 478, 479
- safe manning regulations, Merchant Shipping Act offences 120
- SafeSeaNet (maritime information facility) 36, 47
-
safety and environmental measures
- ballast water and waste residue
- bulk carriers
- compliance with international measures, role of flag State and PSC in enforcement
- crew training and certification 53
- definition of ‘safety management system’ under ISM Code 79
- ECDIS 50
- functional requirements for a safety management system 80
- industry standards on safety and quality assessment
- mandatory measures 50
- Maritime Labour Convention 2006
- passenger ships and roll-on/roll-off (ro-ro) vessels
- ship recycling
- see also ISM (International Safety Management) Code
- safety culture 10
- Safety Management Certificate (SMC) 79, 86
- Safety Management Manual (SMM) 84, 107, 111
-
Safety Management System (SMS), ISM Code 79, 80, 81, 84, 91
- attribution of liability 111, 117, 131
- co-ownership 138
- inefficient 117
- risk management 8, 9
-
SAJ (Shipbuilders’ Association of Japan) contract form
- articles and provisions
- Article I (description of vessel) 244
- Article II (price and method of payment) 244, 245, 276
- Article III (delivery, speed, fuel consumption and dead weight)) 252
- Article IV (approvals) 252
- Article V (modifications of specification) 252, 263
- Article VI (sea trials) 253
- Article VII (delivery, passing of property) 254
- Article VIII (delays) 252, 261, 262
- Article IX (builder’s obligations) 254, 255, 256, 257
- Article X (right to rescind) 252, 258, 270, 274, 285
- Article XI (builder’s default) 274, 276, 277, 282, 283
- Article XII (insurance obligations) 257, 270
- Article XIII (dispute resolution) 285
- Article XIV (assignment) 285
- Article XVII (supplies) 252
- Article XXI (sundry provisions) 278
- outline 240
- excusable delays under 263
- wide use of 228
- articles and provisions
-
sale and purchase risks (second-hand ships)
- binding contract and risk management
- breach of contract 294, 297
- brokers, risk management by
- ‘buyer to be nominated,’ effect
- classification of terms
- classification societies, civil liability to buyers and other third parties
- completion stage, contractual terms at 293,
- condition of vessel on delivery
- currency of loss
- deposit, payment of
- exceptions clauses
- good faith concept
- inducement to enter a contract
- inspection stage, contractual terms at 327
- intention, clear expression of
- ‘as is’/‘as she was’ provisions
- making of contract
- Misrepresentation Act 1967
- negotiations and contract stage ,
- ‘but for’ test (inducement and causation) 298, 301
- caveat emptor, effect 296
- Confidentiality Agreement 299
- ‘decisive part/real and substantial part’ (inducement and causation) 300
- estoppel
- exceptions clauses
- express statements 297
- implied statements 297
- inducement and causation
- Information Memorandum (IM) 299
- making of contract
- mere ‘puffs’ 296
- misrepresentation, representations inducing a contract amounting to 228,
- whether obligation for disclosure by seller
- statements made during negotiations
- statements of fact 297
- non-signing of formal document, effect upon validity of contract
- Norwegian Sale Form see Norwegian Sale Form (NSF)
- notice of readiness 292, 293,
- whether obligation for disclosure by seller
- pre-inspection stage
- rejection of vessel 354
- remedies
- breaches by seller 353
- breach of statutory terms by seller
- buyer’s remedies
- delay in delivery or non-delivery as per contract
- whether freezing injunctions a protective measure for buyer
- measure of damages
- Misrepresentation Act 1967, under
- non-performance by one party, available options
- seller’s remedies 351
- risk management issues for buyers
- standard forms, contractual terms under
- ‘subjects,’ meaning of
- Sale of Goods Act (SOGA) 1979
- sale power of mortgagee in event of mortgagor default
-
salvage
- agreements
- apportionment and payment 564
- assessment of award and special compensation
- awards
- best endeavours of salvor
- civil 482
- civil liability 418
- concept under maritime law
- contract, under
- Conventions
- court intervention
- damage issues 555
- danger
- definition 482
- disparity principle 482,
- due care obligation
- duties and conduct of salvors
- duties arising under statute or official duty
- economic duress
- elements
- engaged services 510
- ‘enhanced award’ and ‘safety net’
- environmental 486,
- background
- whether can be tacked on to present Salvage Convention
- whether can stand alone
- feasibility for proposed reform
- financial considerations
- International Salvage Convention 1989
- International Working Group (IWG) 572
- ‘marine environmental protection levy’ 579
- out-of-pocket expenses 571
- proposal for reform
- reasons for reform
- Salvors’ Environmental Protection Fund 579
- views of commentators
- fair rate 549, 552,
- foundation of a right for an award 483
- government intervention
- hovercraft/aircraft 491
- International Salvage Convention 1989
- Article 13 award 558
- Article 14 , 557
- creation of ‘enhanced award’ and ‘safety net’ prior to
- duty of owner of property to co-operate under
- fair rate
- general application
- increment 556
- master’s authority under
- pollution 828
- position of several salvors under 543
- recognised subject of salvage
- ‘relevant waters’ 488
- remedy for negligent misconduct under
- role
- security for special compensation 556
- substantial physical damage 555
- territorial limits 554
- threatened damage 555
- towage versus salvage 584
- jurisdiction
- liability , 546
- life , 546
- by lifeboat crews of RNLI
- limitation of liability issues , 756, 762
- Lloyd’s Open Form (LOF) 1980 481, 484, 497, 511, 552, 553
- Lloyd’s Open Form (LOF) 1990 522, 523, 546, 551
- Lloyd’s Open Form (LOF) 1995 523, 546
- Lloyd’s Open Form (LOF) 2000 511, 523, 546, 561
- Lloyd’s Open Form (LOF) 2011 482, 523, 546, 562
- Lloyd’s Standard Salvage and Arbitration Clauses (LSSA), changes to
- master’s authority to enter into agreement
- master’s authority under Salvage Convention
- master’s dismissal of salvor under contract
- meritorious services
- misrepresentation
- Nagasaki Spirit case
- negligence
- ‘no cure, no pay’ principle 481, 482, 484, 485, 511, 552, 553, 557, 605
- non-disclosure
- operative mistake
- origin
- out-of-pocket expenses 549
- overbearing conduct by salvor
- owner of property in danger, duties
- potential offences by salvor or harbour master
- property 546
- public authorities, salvage operations controlled by
- recognised subject
- refuge, places of
- responder immunity 571
- revision of law, historical development
- risks and liabilities under
- Salvage Liaison Committee 556
- ‘Salvom’ International Salvage Union Agreement 512
- several salvors, position of
- special compensation
- Special Compensation of Protection and Indemnity Clause (SCOPIC) see SCOPIC (Special Compensation of Protection and Indemnity Clause) 2000
- special maritime law principles 481
- standing by a vessel in danger, services by 509
- success
- time limits
-
Tojo Maru case
- arbitrator’s decision 531
- CA decision
- damages by way of counterclaim 537
- House of Lords decision 534
- judge at first instance 532
- method of assessment of award 537
- ‘more good than harm’ principle 534, 535
- ordinary principles of negligence at common law applied 536
- summary of principles 535
- volunteers on land and professional salvors
- versus towage
- voluntary services
- see also ISU (International Salvage Union); SOSREP (Secretary of State Representative for Maritime Salvage and Intervention)
- ‘Salvom’ International Salvage Union Agreement 512
-
salvors
- best endeavours
- civil liability, collisions at sea 418
- dismissal under contract
- duties and conduct
- duty of care
- limitation of liability issues
- obligation to provide security to 545
- overbearing conduct by
- possible claims by
- potential offences by
- remedy for negligent misconduct under Convention
- Salvors’ Environmental Protection Fund 579
- several, position of
- as volunteers 583
- and Wreck Removal Convention 735
-
SCOPIC (Special Compensation of Protection and Indemnity Clause) 2000 481, 511, 553
- CLC 1992 and Fund Conventions, application 841, 842
- and International Group of P&I (IGP&I) Clubs 556, 557
- and International Salvage Union (ISU) 556, 557
- invoking 557
- oil pollution 841
- and Salvage Liaison Committee 556
- sub-clauses
- discount (cl 7) 558
- dispute resolution (cl 15) 560
- duties of contractor (cl 10)
- general average (cl 14) 560
- invoking SCOPIC (cl 2) 557
- payment of remuneration (cl 8) 558
- pollution prevention (cl 13) 560
- relationship with Article 13
- award (cl 6) 558
- security (cl 3)
- ship-owners’ casualty representative (cl 11) 560
- special representatives (cl 12) 560
- substitution of Article 14 (cl 1) 557
- tariff rates (cl 5) 558
- termination (cl 9)
- withdrawal (cl 4) 558
- see also salvage
- SDRs (special drawing rights) 44
- The Sea Empress disaster (1996) 3, 23
- seaplanes, defined 391
- sea trials, acceptance or rejection
-
seaworthiness
- towage contracts 603
- see also unseaworthiness
- Secretary of State, oil pollution legislation, powers relating to
- Secretary of State Representative for Maritime Salvage and Intervention (SOSREP) see SOSREP (Secretary of State Representative for Maritime Salvage and Intervention)
-
security
- arbitrator’s fees 563
- cargo not part of 174
- chattel 178
- classification societies, role in relation to
- comparison of ship mortgage with other types of security
- general average
- impairment of
- mortgagor obligations 188
- obligation to provide to salvors 545
- ports 712
- salvage
- see also International Ship and Port Facilities Security (ISPFS) Code
- servants
-
shipbuilding contracts
- accrued rights of parties upon cancellation of contract
- approvals 252
- assignment
- binding contract requirement
- bridging contract
- builder’s obligations
- buyer’s property rights to partly constructed hull
- civil liability of shipbuilders or ship-repairers 419
- class rules and regulations 244
- condition precedent or subsequent
- construction stage
- contract drafting stage, risk management
- contract for sale or a contract of construction and sale 223
- contract price adjustment clauses 246
- contractual terms
- common law developments
- compliance with description (law prior to 3 January 1995)
- conditions 232
- exclusion clauses and UCTA 1977
- fitness for purpose 236,
- general 232
- implied at common law 233,
- implied under SOGA 1979
- innominate 232
- ‘merchantable quality,’ demise of
- ‘shipped in good condition’ 232
- statutory developments 235
- warranties 232
- defects guarantee, provision
- delays
- delivery
- passing of property and risk by contract 254
- passing of property and risk by statute 253
- description of vessel 244
- dispute resolution 285
- disputes, events causing
- essential terms
- exclusion clauses, and UCTA 1977
- fitness for purpose
- fluctuation clauses 246
- force majeure events see force majeure events
- general framework
- General Technical Specification
- invitation to tender, legal effect 227
- letter of intent 227
- making of, risk management
- manufacturer’s or builder’s liability to third parties
- materials, property in prior to completion 225
- ‘merchantable quality,’ demise of
- modifications of specification 252
- nature
- negotiations, legal significance of representations made during 228
- option agreements and risk management in drafting
- overcapacity prior to 2008 221
- payment method
- pre-contract stage
- price escalation issues
- quality of new shipbuilding 221
- remedies
- repudiation 149,
- rescission by builder, effect
- SAJ contract form see SAJ (Shipbuilders’ Association of Japan) contract form
- Sale of Goods Act (SOGA) 1979
- ‘satisfactory quality’ 236, 320
- sea trials, acceptance or rejection
- specification
- standard terms 222
- supplies by buyer 252
- termination see termination of contract
- warranties 232, 320
- Ship Inspection Report Exchange (SHIRE) system
-
SHIPMAN 2009 (management agreement form) 135, 146,
- authority of ship managers (Clause 3) , 150, 151
- best endeavours, manager’s obligations (Clause 8) 152, 155
- commercial management (Clause 6) 148
- crew management (Clause 5) 148
- duties of ship manager
- insurance and risk management (Clause 10) 167
- liability to owners (Clause 17) , 164
- obligations of ship manager 151, 155
- technical management (Clause 4) 148, 151
- see also management of ships
- ship management see management of ships
- ship operations
- Ship-owners Association of Japan (SAJ) see SAJ (Shipbuilders’ Association of Japan) contract form
-
ship-ownership
- acquiring
- authority of manager to bind owner, extent of 150
- bankruptcy, acquired by 136
- bill of sale, as title 135
- bunkers, position of owner in relation to 489
- casualty representative of owner 560
- ‘commercial’ management test, and UK tonnage tax 145
- compensation contributions, further 860
- co-ownership
- corporate bodies, owners as
- decline of British shipping 143
- defence applicable to owners under Criminalisation Directives
- evidence of 130
- fishing vessels
- harbour damage, liability of ship-owners for
- HNS Convention, liability under 868
- inheritance, acquired by 136
- insurance issues 167
- limitation of liability see limitation of liability
- Merchant Shipping Act 1988
- Merchant Shipping Act 1995, eligibility to own a British ship under
- mortgaged ship, ownership right 189
- owner as an undisclosed principal
- pilot negligence, liability for
- principles
- relationships of owners with others
- shipping register, UK 139
- statutory overview of, and registration of British ships
- subrogation rights 846
- transmission, acquired by 136
- undisclosed principal, owner as
- wreck removal, liability of registered owner 734
- see also management of ships
-
ships
- building contracts see shipbuilding contracts
- collisions see collisions at sea; Colregs (International Regulations for Preventing Collisions at Sea), 1972
- conduct endangering
- definition of ‘ship’ 391, 489, 743, 795, 866
- management see management of ships
- non-seagoing
- operations see ship operations
- ownership see ship-ownership
- partial loss and incidental losses
- recycling
- sale and purchase of see sale and purchase risks (second-hand ships)
- salvage, recognised subject 489
- seagoing 743,
- security alert system 96
- shipboard operations, ISMO Code
- special rules, Merchant Shipping Act offences 120
- substandard 71, 74
- total loss
- value where no market
- see also cargo; freight; vessels
- ship security officer (SSO) 96
- shore line, defined 490
- signals, Collision Regulations 401
- single-hull tankers, phasing out
- slot charterers 745, 746
- Small Tankers Oil Pollution Indemnity Agreement (STOPIA) see STOPIA (Small Tankers Oil Pollution Indemnity Agreement)
- SMC (Safety Management Certificate) 79
- SMS see safety management system (SMS), ISM Code
- Solar I incident (2006) 861
-
SOLAS (International Convention for the Safety of Life at Sea) 1974 824
- amendment 879, 885
- certification required by 72
- SOSREP (Secretary of State Representative for Maritime Salvage and Intervention) 47
- sound, Collision Regulations 401
- Special Compensation of Protection and Indemnity Clause (SCOPIC) see SCOPIC (Special Compensation of Protection and Indemnity Clause) 2000
- special drawing rights (SDRs) 44
- speed safety, steering and sailing rules (Collision Regulations)
- steering and sailing rules (Collision Regulations – Part B, Section 1)
- stevedores, limitation of liability issues
-
STOPIA (Small Tankers Oil Pollution Indemnity Agreement) 578, 821, 830, 860
- general scope 861
- stowaways 22
- stress management 21
- strict liability
- strikes, force majeure events 262
- structures, salvage 490
- subrogation rights
- substandard ships, tackling 71, 74
-
Supplementary Fund 2003
- Assembly 857
- ‘established claims’ 857
- three-tier compensation system 833
- Supplementary Fund Protocol 2003
- tacit acceptance procedure , 793,
-
Tanker Management Self-Assessment (TMSA) 4, 9, 24
- regulatory enforcement 73, 76, 91
- tankers, single-hull: phasing out under Erika I measures
- Tankers Oil Pollution Indemnity Agreement (TOPIA) see TOPIA (Tankers Oil Pollution Indemnity Agreement)
- technical matters, authority of ship managers
- tenants in common 136
-
termination of contract
- builder’s accrual rights, effect on
- buyer’s default and builder’s rights
- contract null and void 282
- contractual limits of right to claim damages
- effect
- Rainy Sky decision
- refund of prepaid instalments
- sale proceeds, application
- termination by buyer
- discharge from primary obligations 266
- effect for builder’s default
- liquidated damages instead of termination 260
- occurrence of terminating event not leading to termination
- Paget’s Law of Banking 268
- refund guarantee and risk management
- refund of prepaid instalments
- rejection of vessel by buyer 260
- repudiation of contract 149,
- specific contractual events
- see also shipbuilding contracts
- terrorism, and piracy activities 94
- THETIS information system 36
- third parties
- third-party contracts, interference by mortgagee
- third-party ship managers 112, 146
- Three Pillars of EU competences 56
- time equalisation method, repairs 470
- time limits
- TMSA see Tanker Management Self-Assessment (TMSA)
- tonnage, minimum
- tonnage tax, UK
-
TOPIA (Tankers Oil Pollution Indemnity Agreement) 578, 821, 830, 860
- general scope 861
- Torrey Canyon incident (1967) 829, 881
-
towage contracts
- agency of necessity 589
- authority of master
- to bind cargo-owners 589
- authority of tugmaster
- best endeavours, completion of towage
- binding contract, making
- civil liability 418
- commencement 595
- common law
- condition of tow
- contract for services 595
- cross-indemnity
- danger, effect on
- definitions
- duties of tow
- examples at common law
- exception clauses, ambit
- exclusion clauses, limitations
- fitness of tug, duties of tug-owners in relation to
- contractual terms of standard towage contracts on tug’s fitness
- decisions in favour of an absolute warranty of fitness
- no general rule about absence of a warranty of fitness 609
- position of fitness when specific tug requested
- tug fitness and risk management
- view that there is no absolute warranty of fitness ,
- general average 666
- good faith
- Himalaya clauses , 649, 650
- indemnity clauses
- interruption of towing, consequences
- ‘knock-for-knock’ clauses 582, , 652
- limitation of liability , 650
- no-suit clause and ‘Himalaya’ provision
- offshore, liabilities under
- offshore supplytime charters
- offshore towage contracts, liabilities under
- pre-contractual duties
- recklessness 649
- relationship between tug and tow under UKSTC
- remuneration paid to tug 617
- risk management
- skill and diligence, duty to exercise throughout
- during towage 616
- standard forms
- subcontracting authority
- substitution of tugs
- SUPPLYTIME (1989) 582
- SUPPLYTIME (2005) 582
- termination of towing
- third parties
- towage versus salvage
- TOWCON/TOWHIRE international ocean towage forms (1985) 582
- allocation of liability between tug and tow 641, 642
- best endeavours, completion of towage 611
- commencement of towage 595
- condition of tow 614, 615
- contractual terms of standard towage contracts on tug’s fitness 608
- definitions 583
- indemnity clauses 629
- termination of towing 601
- towage versus salvage 584
- transfer of contract rights to third parties 637
- transfer of benefits
- tug and tow, allocation of liability between
- tug-owners, duties of
- UKSTC (United Kingdom Standard Towage Conditions) (1986)
- best endeavours, completion of towage 611
- collisions at sea 418
- commencement of towage 595
- contractual terms of standard towage contracts on tug’s fitness
- control and ‘two employers’ conundrum 621
- definitions 583
- duration of towage 595
- exception clauses 626
- general average 666
- Himalaya and no-suit clause
- indemnity clauses 629
- liability between tug and tow under
- substitution and Himalaya clause
- towage versus salvage 584
- unfair contract terms
- unseaworthiness of tug
- voluntary services rendered by tug under 499
-
TOWCON/TOWHIRE international ocean towage forms (1985) 582
- allocation of liability between tug and tow 641, 642
- best endeavours, completion of towage 611
- commencement of towage 595
- condition of tow 614, 615
- contractual terms of standard towage contracts on tug’s fitness 608
- definitions 583
- indemnity clauses 629
- termination of towing 601
- towage versus salvage 584
- transfer of contract rights to third parties 637
- traffic monitoring and places of refuge (Directive 2009/17/EC)
- Traffic Separation Schemes 389, 391, 396
-
training
- of crew 21, 53
- of pilots 714
- travaux préparatoires 104, 746, 747, 769
- travel agents, contracts of carriage through
- Trinity House rules 388
- tugmaster, authority of
- uberrima fides contracts 296, 593, 594
-
UKSTC (United Kingdom Standard Towage Conditions) (1986)
- best endeavours, completion of towage 611
- collisions at sea 418
- commencement of towage 595
- contractual terms of standard towage contracts on tug’s fitness
- control and ‘two employers’ conundrum 621
- definitions 583
- duration of towage 595
- exception clauses 626
- general average 666
- Himalaya and no-suit clauses
- indemnity clauses 629
- liability between tug and tow under
- substitution and Himalaya clause
- towage versus salvage 584
- UNCLOS (United Nations Convention on the Law of the Sea) 1982
- undisclosed principal, owner as
- unfair contract terms, towage contracts
- United Kingdom Standard Towage Conditions (1986) see UKSTC (United Kingdom Standard Towage Conditions) (1986)
- United Nations Convention on the Law of the Sea (UNCLOS) 1982 see UNCLOS (United Nations Convention on the Law of the Sea) 1982
- United States (US), pollution damage 828
- unit theory, tug and tow 442,
- unregistered ships, and status of mortgage 176
- unsafe ships (Merchant Shipping Act offences)
- unseaworthiness
- US Coast Guard, ‘Qualship 21’ 74
- US Department of Maritime Administration, Maritime Subsidy Board 222
- valuables
-
vessels
- conduct where in sight of each other (Collision Regulations – Part B, Section II)
- action by give-way vessel (Regulation 16) 398
- action by stand-on vessel (Regulation 17) 398
- crossing situation (Regulation 15) 397
- specification of responsibilities between vessels (Regulation 18) 398
- crossing situation (Collision Regulations) 397
- in danger, standing by 509
- definition of ‘vessel’ 391, 489, 583, 835
- delivery
- condition of vessel on
- delays 246,
- deliverable state 321
- encumbrances or debts at time of 337
- essential documentation for exchange at
- liabilities incurred prior to
- non-delivery as per contract
- passing of property and risk by contract 254
- passing of property and risk by statute 253
- post-delivery matters 360
- see also under Norwegian Sale Form (NSF)
- failure to give assistance to following collision 403
- fishing
- give-way, action by (Collision Regulations) 398
- insurance see insurance issues
- rejection by buyer 260
- salvage, recognised subject 489
- sea-going vessels carrying persistent oil in bulk
- specification of responsibilities between (Collision Regulations) 398
- stand-on, action by 398
- see also ships
- conduct where in sight of each other (Collision Regulations – Part B, Section II)
- vicarious liability doctrine 98
- The Viking Islay accident (2007) 90
- Voluntary Member State Audit Scheme (VIMSAS) 31
- voluntary services
- Voyage Data Recorders (VDRs), introduction of
- voyage planning 20
- warranties
- waste residue, general safety and environmental measures
-
wilful misconduct
- Collision Regulations, disobeying 402
- compulsory insurance 735
- Criminalisation Directives on ship-source pollution 62
- defined 774
- passenger claims 811
- and recklessness 776
-
WRC (Wreck Removal Convention) 2007
- application
- coming into force 736
- compulsory insurance
- ‘convention area,’ defined
- definitions , 733
- effect
- liability of registered owner 734
- ‘maritime casualty,’ defined 732
- objectives 732
- obligations under 733
- and places of refuge
- proportionality and reasonableness
- and salvors 735
- ‘wreck,’ defined 732
- wrecks
-
York-Antwerp Rules (YAR) 653
- of 1890 656
- of 1924 656, 657, 661
- of 1950 656
- of 1974 656, 657, 658, 659
- of 1994 656
- of 2004 , 659
- and BIMCO 657
- construction
- expenses at port of refuge (Rule XI) 656, 661, 663
- origin and application
- provision of funds (Rule XX) 656, 661
- Rule A 661, 664
- Rule C 665
- Rule D 666
- Rule E 665
- Rule Paramount added to 658, 664
- salvage remuneration (Rule VI) 656
- temporary repairs (Rule XIV) 656, 659
- voluntary nature of 657