P & I CLUB Info

Photo graphs. Many ships now carry cameras at standard equipment, but every ship should keep a camera loaded and available at all times. Damage, the circumstances! surroundings of any incident, should be photographed and filed. However, it must be borne in mind that these photographs, if carelessly taken, may be used by the opposition to support their case. It is inadvisable to take photographs which show obvious deficiencies on board. More details of specific types of evidence can be found on separate sheets. Remember, all evidence should be carefully guarded. Again, please see the CAUTION below.

In any personal injury case that might involve the United States, signed statements should only be taken from those who could be considered adverse to the interests of the ship or whose memories or motives you might have reason to distrust, e.g. a passenger (and his friends/relatives) or, in the case of a crew injury, an unlicensed crew member.

In other cases which might involve the United States, advice should be sought from local Club Correspondents, as to whether to take statements or photographs. If advice is unavailable, your judgment should take into consideration that the statements or photographs may have to be disclosed in court in the future.

V I S 1 T 0 R S. Including Surveyors & Lawyers

A ship can be a crowded place. It is important to keep a measure of control over everyone coming on board. Visitors can be categorized as follows:

1.

Agents, surveyors, lawyers and experts; acting for vessel, cargo, charterers, shippers, receivers, port, other vessels interests, etc. Port officials, including health and safety inspectors, Customs and Immigration. Government authorities etc. Family, friends, and guests (whose movements should be restricted to non-operational parts of the vessel). Stevedores, repair squads and technicians, suppliers, agents, boat and tugmen, etc. Trespassers, thieves, stowaways, drug traffickers, pirates etc. Always check the identity of those coming on board, and be clear whom they represent. You should always be sure whom any surveyor, lawyer or other expert represents and on whose behalf they were appointed and why. Check with your West of England Correspondent if in any doubt. Give your P & I Surveyor, lawyer or expert all the assistance you can and show them all relevant documents and information. Take their advice as to what to release/disclose to any other party. Restrict any other visitors movements, and especially photography, to places and items of their legitimate interest and concern only. All surveyors should be accompanied by a ships Officer.

2.

3. 4. 5.

This is primarily for their safety and the ships security. (See Sheet 8: Security). Remember, your local West of England Correspondent can assist with obtaining any form of professional backup or assistance that you may need.

A cargo of wire mesh was discharged in a rusty condition. Shippers surveyors were attempting to show that the rusting occurred due to delay in arrival caused by engine breakdown. Although only appointed as cargo surveyors, they attempted to gain access to the engine room to show that the vessel was unseaworthy at the commencement of the voyage. An alert ships crew prevented this particular attempt to obtain information unrelated to the problem in question.

C A R G O. Preloading

Claimants often allege that there were problems or defects in the ship before the cargo was loaded. Frequently, all the correct action and procedures have been carried out by the ships crew, but, after the event, there is no evidence available to prove it. One of the most valuable pieces of evidence in defending this type of claim is a record in the form of a work or deck maintenance book providing details of the maintenance and preparation work carried out. Details include: Record of hatch/hold/tank cleaning. Painting and ordinary routines in cargo spaces and gear maintenance, down to such items as ullage tapes and vent gauzes. Include types and manufacturer of paint and method of application. Other types of information are: - Hose tests, bilge suction test, fumigation/gas freeing, precooling for reefer cargoes, as entered in the deck log. - Extracts of maintenance reports. Hatch/hold condition reports. - Copies of any preloading surveys (ship or cargo) available, which for some cargoes e.g. steel, are essential. - Shippers requirements re condition and preparation of holds.

- Checks of equipment, e.g. lights, ladders, smoke detectors, whether routine or specific for this cargo, all cargo gear to be used including lashing materials, dunnage, shifting boards etc.
- Relevant Planned Maintenance routines, including records of hatch cover inspections (rubbers, cross joints, closing mechanisms, etc.)

Obviously, this list is not exhaustive. You should consider what records are appropriate for your vessel and trade.

A bulker received orders to load kaolin. Hold cleanliness requirements were very stringent, and on passage to the load port the two holds involved were scaled and painted. After an uneventful loading and passage, discharge commenced and it became apparent that the new paint had scraped off and contaminated the kaolin. During a lengthy and involved argument concerning responsibility, it was alleged that the crew had been negligent in incorrectly applying the paint. They were able to produce complete records, right down to the size of paint spray tips used, to show effectively that the paint had

been applied in strict accordance with manufacturers instructions.

C A R G O. Loading and Discharging

The ship is expected to load and stow the cargo so that it is delivered in the same condition as received. In addition, it is necessary to show that the port operations occurred without avoidable delay, damage, mismanagement, or other problems.

Details that can be recorded include:

- Ballast (and cargo) pumping operations; tanks utilised, time of starting and stopping. Entries made in rough, deck and engine logs. Ballast chits. Ballast (and cargo) pumping rates, ullages and progress. Hatch opening and closing times, including the duration of the operation and reasons (e.g. weather). Regular entries re weather and any precautions taken against weather with delicate cargoes. (e.g. radar watch for approaching rain). Precautions taken to be able to close up fast, e.g. crew on standby, hydraulics running/closing wires rigged, etc. Copies of weather reports and faxes. Stevedore working time, gang numbers and incidents (see personal injury page). Log entries re rigging of safety lines, restricting access, etc. Logs of ships tallying/tier counts/checks of cargo. Such things as reefer container setting, temperature and functioning checks. Notes of preload and loading damages and condition. Damage discovered or occurring during passage or discharge. Record of securing and dunnaging work carried out by stevedores/crew. Notes of any complaints made regarding standard of securing, dunnaging, tomming of cargo. Stevedore damage reports for ship and cargo. Notes of tallying disagreements (Remarks on Tally Forms). Notes re cargo mark-offs and separation. Checks against overcarriage.

-. Copies of cargo plans, stability calculations, draft surveys, (claused if necessary), loading, discharging and ballasting plan. Notes of samples taken, stored on board or released/sent ashore. Precautions taken with dangerous cargoes. Photographs taken during loading and discharging, showing condition, stow and, where relevant (and allowed), disposition of dock equipment.

A vessel loading grain suffered delays while attempting to remain within draft/airdraft limits. Loading ran into a public

holiday and she was delayed for three days. Charterers alleged the delay was due to mismanagement of deballasting; with no ballast records

CAR GO. On Passage Cargo claimants usually allege that damage occurs during the loaded passage. Frequently, these claims are without foundation. Sometimes damage is exaggerated and damage which really occurred ashore is blamed on the ship. These claims can often be defeated by producing documents from the ship to show that normal and correct carriage occurred.

Details that should be recorded include:

Bilge, ballast and bunker sounding and pumping records. Cargo ventilation; humidity and temperature records. Unusual weather conditions, routeing details, warnings and weather reports. Hatch, access hatch, hold, watertight door checks. Fire and safety equipment checks, including log entries of and records of training and safety exercises. Cargo securing and lashing rounds and checks..

- Cargo temperatures (heating or cooling) where appropriate. Inert gas and venting operations. Reefer defrosting and temperature control. - Temperatures in F.O. tanks under sensitive cargoes.

A ship loaded with steel arrived in port, opened hatches and discovered several feet of water in No. 3 hold. This had entered through a small stress fracture in the shell plating. There was no evidence available to defend the Shipowner against the allegation that checks of hold or bilges had not been made at any stage during the passage. Therefore the shipowner lost his defence of Peril of The Sea since it was found that the majority of the damage was due to failure of the crew to discover the water by taking soundings. While on the subject of ON PASSAGE a brief reminder on: The Master and Owners are under an obligation to execute the voyage with reasonable dispatch. It must therefore be performed without deviation, as any deviation can have very serious consequences, in that Owners may be deprived of their defences against cargo claims. The term Deviation includes; a change from the normal route or rotation of ports, delay, short loading, transhipment of cargo, on carriage of cargo in another vessel, storage of cargo. It is essential that Masters report such voyage irregularities of whatever nature and no matter how trivial they may seem, at the earliest opportunity and, if possible, before they occur. Owners can then inform the Club which can, if necessary, arrange a special insurance to cover the Owners additional liabilities.

DAMAGE:

By and to the ship

Many of the items involved have been mentioned in the evidence sheet. Obviously, with most major incidents such as collisions, strandings, fires; advice and guidance will be available from Owners, superintendents, hull and P & I surveyors and representatives, lawyers, etc.

Owners should of course be informed as soon as possible. The requirements for evidence and documentation will depend upon the type of case, but for even the smallest incident, such as a knocked coping stone in a lock or a possible grounding during loading, the essential information includes: Copies of relevant Official, Deck, Movement and Engine log entries. Statements, taken from relevant Officers, crew, pilots, etc. These should only be taken by or on the advice of an appointed lawyer or representative. Copies of appropriate equipment recordings, e.g. course/depth recorder printouts, radar plots, SatNav printouts. Charts (retained untouched), including correction records. Lists of all appropriate Navigational publications and dates. Weather, including tide, current and sea conditions. Damage reports, including photographs and sketches. Notes of protest: those issued by yourselves, and any received, which should be signed without admitting liability e.g. Received Without Prejudice or admission of liability. Log of communications between yourselves and shore stations, other vessels involved whether by key, VHF, SatCom, etc. Show observance of statutory obligations and any other details.

A barge was lying alongside the canal dock in Antwerp loading a bulk cargo from a spout. When our Members ship passed, the barge surged so that the spout was delivering onto the stacked aluminium hatch covers, which collapsed under the weight. The barge owner claimed that it was the ships fault for passing at an excessive speed. We defended the claim by:

(a)

Using photos taken at the time which showed that the barge was unsafely moored with only two badly worn mooring ropes, and

(b)

Showing from the ships own evidence, including chart, movement book, course and engine recorders, that the ship was proceeding at less than the port speed limits.