P&I Publications

This official UKDC publication was released to cover such critically important aspects of the counterparty risk as causation, development of the law, remoteness, mitigation, accepting repudiator breaches, assessment of damages, date that damages are assessed, wasted expenditure as basis for damages, "cost of cure" basis of assessment.

It is important to define if the certain loss types would be recoverable in any case. And the main problem associated with this is to show that they were actually not too remote. After that, the claimant proceeds with the assessment of the damages incurred. In most cases courts look to the assessment in monetary loss terms...

As a legal costs insurer it is clear that controlling the cost of litigation is of crucial importance to the Association. In July, 2012 a Circular was issued to the Membership on the "Effective Management of Claims and Control of Costs" which highlighted the importance of the accurate estimating of costs. In recent years the Board has seen a number of costly cases where lawyers have significantly underestimated the costs to be incurred in resolving the dispute.

Whilst estimating is not an exact science, the accurate estimating of costs is crucial and the Circular highlighted that if it becomes apparent that an estimate is likely to be exceeded then the service provider must raise this with the Managers at the earliest opportunity. Furthermore, in the case of an inadequate or inappropriate estimate the service provider will be expected to honour the estimate previously given unless there are mitigating circumstances. Through their Value For Money programme, and ongoing work with Preferred Legal Partners, the Managers continue to do their utmost to control the costs of handling and litigating claims.

This includes requesting lawyers to consider alternative fee arrangements to the usual approach of hourly billing and the use of an independent cost draftsman where appropriate. Historically, this has been limited to assessing the costs incurred by an opponent. However, going forward the Managers envisage using a costs draftsman to review cost estimates and also the fees incurred on certain cases with a view to encouraging a much greater focus on the cost effectiveness of steps being taken...

Here is a unique perfectly illustrated guidance booklet specifically designed to assist the marine surveyors and ship masters worldwide in checking the shipping documentation and make sure that is adequately describes the apparent order and technical condition of the steel when the cargo is loaded.

The publication recommends its readers a set of eighteen standard surface condition clauses supplemented with the sixteen mechanical damage clauses translated into eleven languages. The booklet is also intended to provide detailed guidance  related to the inspection of the openings located on the weather deck. Most of the steel products easily rust and bend when they are carried at sea, in particular. The owners and operators of he vessels are usually there on the firing line should the bent and rusted steel cargo arrive at the destination port.

This has resulted in the necessity of the regularly conducted pre-shipment surveys of the steel cargo in order to ensure that the bills of lading and mate's receipts, as applicable, are accurately and clearly describing both condition and apparent order of the steel cargo at the time of taking it on board the vessel. The marine surveyors also look at the weathertightness plus the ventilation arrangements of the holds intended for the transportation of the steel cargoes...

The present official release by the P&I Club specialists is mainly focusing on several specific issues related to the wet cargo. The booklet starts with the intro followed by some statistical data. Then there is the information on the immediate causes and types of damaged cargo collected in the period 2008-2012, followed by the description of the water ingress detection systems, cargo hatch covers and bilge systems together with their maintenance.

Leaking covers of the manholes have also been addressed. In addition, there are several IRCA cases included in the booklet covering the flooding of the cargo holds and leaking bilge valves plus preventive measures to be implemented. The recurring issues noted when analyzing the numerous cases and include leaking covers of the manholes and holds, damaged lines and valves, and also poor condition of the rubber seals. And the main areas of concern were the insufficient experience of the crew members, not paying due attention to the bilge alarms, no proper risk assessment conducted, wrong or inadequate location of the alarm panels, insufficient maintenance and others.

The recommended preventive measures would include placing all bolts and nuts in place and tightening them, checking the completeness of the tightening additionally by two people, providing the proper operating order of the cargo hold ventilators etc.

Another compact but useful publication - this one is intended to provide readers with the specific guidance to the main steps to be taken for the prevention and dealing with the stowaways. It is really necessary to ensure that the recommendations of the relevant sections of the ISPS Code have been duly implemented, and this particularly relates to the gangways of the vessel as well as the dock areas - this has to be done prior to a vessel's call at the port or at the time of entering the port.

All access point on board the vessel should be duly secured. Make sure that one of the crew members has been specifically assigned the duty of manning the gangway and monitoring every single embarking and disembarking person. In some cases additional precautions may be required, e.g. utilization of the CCTV technology. The ramps of the ro-ro ships shall be monitored all the time and all access points located on the deck shall be locked to prevent any unauthorized entry.

All expected visitors to the vessel shall be known to the Master and gangway watcher together with the expected arrival time and intended business. They shall all be instructed to report to the gangway watched in the first instance. The ship shall be carefully searched prior to the departure including all areas that are commonly difficult to access or where there is lack of light...

UK P&I Club publication - Return of Calls After Lay Up - A properly laid ship reduces P&I risks. Club policy on lay up returns - Evidence of safe lay up; Minimum 30 consecutive days; No cargo; Hot or cold variable rate return of calls – determined by the presence; Seamen under permanent contracts; Pro rata; What is the lay up return retention rate? Mechanism of calculation; Seamen risks; Collision, FFO and wreck removal risks; Return of paid premium – not lay up rate; Time charterer and other fixed premium entries; Special survey following six months lay up: notice to Club of re-commissioning; Hot to apply? When should an owner apply for laid up returns? How is the outstanding fourth premium installment handled? What if a claim arises during the lay up period? Can payment of calls be deferred during lay up? Is a ship still eligible for lay up return if the 30 consecutive days cross policy years? Can a ship in dry dock apply for lay up returns? What happens if the ship is moved within port limits? Does a watchmen on board the ship constitute as crew on board? An excellent document with remarkably useful information that will definitely be highly appreciated by all participants of the maritime operations.

The most of content of this paper is mainly intended to provide the industry players with all necessary technical guidance directly relating to the safe loading and stowage, securing and also discharging of the heavy-lifts/project cargoes. It reflects the remarkable results of the creative collaboration that took place between the various departments of the Club and professional marine insurers of the Allianz AGCS supplemented with the expert input provided by the Cwaves specialists.

The was a serious need for the publication of this kind, noting the constantly increasing attention to the insufficient skills and professional expertise and resources... This official UK P&I Club publication will clearly explain what the project cargoes are and why special attention may be required; the authors of this booklet have specifically addressed all relevant shipping industry regulations, plus the applicable rules, codes and guidelines, telling the interested readers about vessel types and their suitability, necessary voyage instructions; other topics include - The cargo and the vessel; Loading/discharge; Stowage requirements and cargo securing; The voyage; Record keeping ad relevant recommendations, plus other publications...

Please have a close look into this practical publications worked out and released by the UK P&I Club specialists with the objective to address a critically important aspect of the maritime industry of today. The document is originally intended for the owners of the vessels and brokers and it was designed to outline the P&I coverage of the vessels in the course of the towage to a ship repair facility. Such towage usually follows a casualty/event that gives rise to a H&M claim; the owners shall ensure that the P&I risks have been fully considered and the process required to maintain the P&I coverage has been clearly understood.