Tanker mooring: the trouble with tails · 2021. 7. 7. · Tanker mooring: the trouble with tails. 7...
Transcript of Tanker mooring: the trouble with tails · 2021. 7. 7. · Tanker mooring: the trouble with tails. 7...
Tanker mooring: the trouble with tails7 July 2021 • 09:00-09:45 BST
Part ofTanker Shipping & TradeWebinar Week5-8 July 2021
#tankershippingPresentation documents:Page 2: Ian MacLean, Hill Dickinson LLPPage 10: Howard Flegg, Marine Accident Investigation Branch (MAIB)
Mooring Tail Failures
Legal Implications
Ian MacLean LL.M MBA
Partner / Master Mariner
Overview
• Litigation risk
• Duty of care / exercise of due diligence
• Investigations
• Likely claims
• Presenting the claim / preparing for the defence
• Required documents
• Time is of the essence.
Investigations
• MAIB – No blame
• HSE - Hybrid
• HSE - s.20 interview (not admissible in proceedings)
• Coroner – Investigation for inquest
• Prosecution - Police
• Prosecution - MCA
• Flag
• P&I – Defending / advancing claims
• Loss of hire
The Likely Claims
• Personal injury
• Physical damage to shore infrastructure
• Loss of use of shore infrastructure
• Pollution
• Cargo claims
• Salvage and GA
• Liability of vessel under the C/P
• Liability of charterer under the C/P.
Presenting the claim under a C/P
• “Charterers shall be discharged and released from all
liability in respect of any charges/claim (other than
demurrage) including, but not limited to:
• Detention, deviation, shifting, heating, deadfreight, speed
up, slow down, port costs. Additional freight, insurance,
World scale charges/dues; unless such charges/claims
has been received in writing by Charterers with all
available supporting documents within 90 (ninety) days
from completion of discharge of the cargo carried under
this charter…
What documents must be presented?
• SMS requirements – tails & winches, inspection and use
• Proof of competency
• Certificates / original supply
• Inspection of tails and records of use
• Contemporaneous documentation
• VDR / electronic records
• Class reports, damage reports invoices etc
• Self drafted statements / consulting expert reports.
Time is of the essence
• Instruction and attendance of consulting expert(s)
• SMS review
• Preparation of initial list
• Documents will need to be sourced from vessel
• AIS / passage plan / other evidence
• Berth survey – suitable for vessel?
• Review / transcribe VDR
• First review of documents and follow-up
• Helping lawyers is not a day job.
Howard Flegg
Inspector of Marine Accidents
Marine Accident Investigation Branch (MAIB)
Tanker Shipping & Trade Webinar
7 July 2021
Tanker mooring: The trouble
with tails
Comparison of tail and mooring line elongation
Release of stored energy in tail after mooring line failure
Influence of tail length on amount of stored energy in mooring arrangement
Complex mooring deck design produces complex snapback trajectories
Procurement, inspection and maintenance of tails and mooring lines
The role of the UK Marine Accident Investigation Branch (MAIB)
(www.gov.uk/maib)