West of England P&i Guidelines
West of England P&i Guidelines
West of England P&i Guidelines
Contents
Introduction
The Importance of Evidence
Surveyors, Experts and Lawyers
Bills of Lading
Cargo
Stevedore Damage
Collision and Property Damage
Personal Injury
Marine Pollution
Ship Security
Bunker Disputes
Contact Information
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02
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08
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Introduction
01
02
Technical records:
Inspections, surveys, repairs and maintenance of hull, main engine,
auxiliaries, deck machinery, cargo spaces, cargo gear, safety
equipment, coatings, planned maintenance records, class survey
status reports.
Operational records:
Stability and stress calculations, draught surveys, stowage,
securings/lashings, ballasting, bunkering, soundings, cargo
temperatures, ventilation, hold cleaning, cargo hold bilge pumping
records, tank washing, passage plans, weather, safety meetings,
voyage instructions, routing advice, messages, receipts for the
disposal of sludge ashore.
Voyage Data Recorder & ECDIS information:
Voyage Data Recorder (VDR), Simplified Voyage Data Recorder (SVDR), Electronic Chart Display and Information System (ECDIS)
records.
In the event of an incident where VDR and ECDIS data may be
relevant (e.g. collision, grounding, damage to property), it is very
important that this information is saved in good time to avoid it
being overwritten. It should then be backed-up promptly.
Print outs:
Echo sounders, course recorder, GPS, Navtex, weather fax, EGC
messages, engine telegraph data logger, all dated and timed.
03
Official reports:
Company, SMS and legally required reports of accidents and
incidents.
Notes of Protest /Letters of Protest:
The value of these vary world-wide, but it is always better to note
protest than not, reserving the right to extend or note further protest.
Notes of Protest may need to be notarised in some jurisdictions and
the Club correspondent will be able to advise the Master on local
requirements should this be the case. If a Letter of Protest is received
which requires acknowledgement, the wording received without
prejudice and without admission of liability or received without
prejudice and for receipt only should be used.
Witnesses:
Details, including how and where they can be contacted after leaving
the vessel, should be taken of every person who witnessed the
accident or incident, including the persons involved or affected.
Disciplinary action should not be taken against a witness without
checking with the Company first, nor should any reward be provided
to a witness in return for their evidence without prior authorisation from
the Company or Club.
Statements:
These may be notes made at the time of the incident, or formal
statements taken down by, for example, the Clubs appointed lawyer.
Always seek advice from the local Club correspondent first.
04
Electronic evidence:
Every vessel should keep a digital camera or similar device readily
available and fully charged at all times. Any photos taken should be
the highest resolution possible. Video recordings may also be helpful.
As well as taking photographs of damage and anything else of
relevance, a camera may also be used to record evidence of good
practice (e.g. properly stowed cargo, correctly rigged
gangway/accommodation ladder) as such photographs may assist
the Club in defending claims. If the vessel is fitted with Closed Circuit
Television (CCTV) cameras, footage which may assist in determining
the circumstances of the case should be retained and backed-up.
Equally, data from electronic key passes and (in the case of passenger
vessels) payment systems may prove to be useful in determining the
movement of crewmembers or passengers prior to an incident and
should be saved for later scrutiny.
Additional evidence:
Faulty or damaged equipment, defective parts and samples of
damaged or contaminated cargo should be retained, suitably marked
and stored to protect against degradation, corrosion or loss.
Where practicable, the necessary records should be sent to the
Company electronically by email. However, if the file sizes are too large
they should be transferred to disk or memory stick and forwarded to
the Company at the earliest opportunity.
05
06
07
Bills of Lading
08
condition. These words mean that, in the opinion of the master, the
external appearance of the cargo suggests that it is in good condition
and undamaged. If the cargo does not appear to be in good condition
externally or seems to be damaged, the mates receipts and bills of
lading should not be signed or authorised to be signed and the
Company should be informed immediately. If the Company cannot be
contacted, the master or chief officer should ensure an accurate
description of the cargos external condition is recorded on both the
mates receipts and the bills of lading. Describing the external
condition of the cargo on the mates receipts alone is not sufficient.
Other terms in the bills of lading and mates receipts
It is important to ensure that the bills of lading comply with the terms
of the charter party, especially if they are to be issued in a particular
format or if the charterers own standard form is to be used. If there
is any doubt, the mates receipts and bills of lading should not be
signed or authorised to be signed and the Company should be
contacted immediately.
Authorising agents to sign bills of lading
If the charter party allows the agents to sign the bills of lading on the
masters behalf, the master should instruct the agents in writing to sign
the bills in accordance with the information stated on the mates
receipts. A copy of this instruction should be retained on board. A
standard instruction wording is available from the Club on request.
Letters of indemnity
The master may sometimes be asked to sign or authorise the signing
of mates receipts or bills of lading which state that the cargo is in
10
apparent good order and condition when this is clearly not the case,
or show an incorrect quantity shipped or received for shipment, or
have been dated incorrectly. In return for doing so the master may be
offered a letter of indemnity. Such indemnities are almost always
worthless and accepting them may mean that the master is party to
a fraud. If a letter of indemnity is offered it should not be accepted
and the Company should be contacted immediately.
Original bill of lading retained by the master
It may sometimes be agreed between the Company and the charterer
or cargo owner that the master is to retain an original bill of lading on
board against which the cargo may be delivered. In such cases the
bills of lading need to reflect this arrangement. The master should
contact the Company for advice about what details should be
recorded on the bills of lading before they are signed or authorised for
signature.
Non-production of original bill of lading
Delivering the cargo without the production of an original bill of lading
may expose the Company to expensive and uninsured liability claims
for misdelivery. If delivery is requested in such circumstances, it should
be refused and the Company should be contacted immediately.
Club correspondents
The Clubs local correspondents will be familiar with problems
regarding the issuing of mates receipts and bills of lading. If the
Company cannot be reached or if advice is required, the local
correspondent may be contacted for assistance.
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Cargo
Cargo (continued)
15
Cargo (continued)
Stevedore Damage
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If the damage is minor and does not affect the vessels class or its
ability to perform the remainder of the voyage safely, an agreement
may be reached with charterers to defer the repairs until later. In such
cases all outstanding repairs should be noted in the off-hire survey
report. The charterers should be invited to attend the repairs if they
wish.
Whenever the vessel is free of cargo, shipboard personnel should take
the opportunity to inspect the vessel for concealed or previously
unidentified stevedore damage. The stevedores, charterers and
Company should be informed immediately both orally and in writing if
anything is found.
A digital camera or similar device should be used to take as many
photographs of the damage as possible, appending them to the offhire survey report or other written record of the damage. In the event
of difficulties, the Company should be advised and the local Club
correspondent may be contacted for assistance.
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21
Other than in response to official enquiries from the police, the local
maritime authorities or the vessels flag administration, shipboard
personnel should not answer questions about the incident until the
initial reports have been evaluated by the Company, the Club or the
local Club correspondent.
No attempt should be made to conceal or alter evidence as those
investigating the incident will need to be clear of the facts, even if they
show that the vessel made an error. Moreover, in many jurisdictions,
evidence tampering is deemed to be a criminal offence.
Subject to the scale and complexity of the incident, further information
may be required:
Statements from crew members, pilots and others, as appropriate.
(These will normally be taken by the lawyer appointed to act on
behalf of the vessel).
Results of any alcohol and/or drug tests carried out after the incident.
Drawings, diagrams, photographs and/or video recordings to
illustrate the extent of the damage and how the incident occurred.
Original chart in use at the time of the incident, complete with all
plotted positions, notations and correction records. Nothing should
be added or erased.
List of all navigational publications on board together with edition
dates and correction records.
Original log books (e.g. official log, deck log, engine room log,
working log). All sections should be completed accurately in full.
Original records (e.g. movement (bell) book, rough notes). Nothing
should be added or erased.
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23
Personal Injury
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25
Copies of any permits to work in force at the time of the accident (if
applicable).
Details of any personal protective equipment worn or being used by
the injured person at the time of the accident.
Details of the injured persons hours of work and rest in the days
preceding the accident.
Results of any alcohol or drug tests carried out after the accident.
Details of any pre-existing medical conditions affecting the injured
person.
Details of any medication being taken by the injured person.
Details of any previous accidents involving the injured person.
Statements from any witnesses able to provide an accurate account
of the accident. It is important to exercise discretion when taking
statements from witnesses, particularly those whose memories or
motives may be questionable. For reasons of credibility, similarly
worded statements from several different witnesses should be
avoided.
The names and, as far as practicable, the contact details of all
witnesses.
Copies of all official, deck, engine room and working log book entries
(as appropriate) and any rough notes. All sections must be
completed accurately and in full.
Details of any party claiming to represent the injured person.
Copies of any relevant survey reports.
All personal injuries, even minor ones unlikely to cause harm, should
be reported, investigated and documented in accordance with the
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Marine Pollution
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Copies of receipts for sludge, waste oil, oily water, cargo residues
and garbage discharged to reception facilities ashore.
Copies of the shippers cargo declaration, Material Safety Data
Sheets (MSDS) and any other documentation declaring whether or
not the cargo is considered to be Harmful to the Marine Environment
(HME), an Environmentally Hazardous Substance (EHS) or a Marine
Pollutant.
Copies of all communication records.
Representative samples of the pollutant.
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Ship Security
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Bunker Disputes
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Contact Information