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WELCOME TO THURSDAY. The Boxship. A tale worth telling!. Skegness. Answer. b. is the right answer. (The current maximum recorded bollard pull according to Guinness World Records is by “Far Samson” at 423 tons). Initial / Formal Caution.
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The Boxship A tale worth telling!
Answer • b. is the right answer. • (The current maximum recorded bollard pull according to Guinness World Records is by “Far Samson” at 423 tons)
Initial / Formal Caution • Outlines seriousness of situation + explains that UK Govt Intervention Powers may be exercised; • Insists Master employs tug of suitable capability; • If fail to make adequate arrangements then they will be made for you and cost of tug(s) + other assets will be recovered from Owners; • Failure to comply criminal offence; • CG offer any assistance.
SHIPS: POWER TO INTERVENE AND ISSUE DIRECTIONS For purposes of preventing / reducing risk to safety or of pollution by a hazardous substance • Directions to take any action of any kind whatsoever - includes destruction of a vessel • Safety – applies in UK Waters (12nm) • Pollution - applies up to 200 miles from UK coast or international median line
POWER TO REQUIRE SHIPS TO BE MOVED For purpose of securing safety of a ship, other ships, any persons or property, or reducing such risk Directions that ship is / is not to be moved from a specific place, or over a specific route • Can direct a ship to be removed from UK Waters • Directions to owners / master /person in possession of ship • Applies in UK waters only (12 nm)
DIRECTION TO PERSONS IN CONTROL OF COASTAL LAND OR PREMISES For purpose of removing, or reducing a risk to safety or of pollution following an accident Direction to grant access or facilities in relation to any ship, anything which is or was on the ship including any person Includes: * Permitting persons to land * Making facilities available for undertaking repairs or other works * Making facilities available for the landing, storage and disposal of cargo or of other things
SOSREP Considerations Risk to safety primacy; Actions taken to date; Damage Assessment/structural integrity; Threat from bunkers & cargo Future intentions; Potential place of refuge – Resolution A.949(23) GUIDELINES ON PLACES OF REFUGE FOR SHIPS IN NEED OF ASSISTANCE
SCOPIC OVERVIEW • Safety net • Limit for property insurers • Established basis of calculation • Role of the SCR
Email to brokers Dear Gordon and Gavin, Latest news is that the ship has split completely with the forward part having sunk in reasonably shallow water. Salvors are holding the aft part on station but there appears to be fuel leakage so SOSREP is refusing permission to go into Skegness until this is brought under control. Salvors have invoked SCOPIC at this point. We also seem to have some questions about containers which may not have been correctly declared as the salvors are reporting some odd hissing and chemical smell. Can you advise all insurers and obtain their comments and instructions please.
Quick recap • Vessel has split • Stern afloat • Forward section not • SCOPIC invoked • SOSREP involved
Answer • Correct answer is B • To be an ATL she needs to cease to be a thing of the kind insured • Which is more than just breaking up
Place of Refuge / Public & Media perception & expectations Need for all parties, in particular Svitzer, IMCC, the Environment Group and the SOSREP to be seen to be working together; SOSREP decision making free from political interference but beneficial to be open and proactive with media, public & other parties re potential threats, mitigation measures in place and future plans; SOSREP will request media strategy group and will address media.
Command and Control SOSREP will establish a Salvage Control Unit (SCU) and will invite core members: SOSREP + personal specialist advisor(s) Salvage Manager Owners/ Insurers Representative Port Environment Group Liaison Officer MCA CPSO and/or Coastguard Liaison Officer
TEU values • a. Very unlikely to find such low values on a main line trade. • b. Probable – slightly higher than the accepted average of US$26k per TEU. • c. Unlikely for an Eastbound service, subject to review of manifest
Uninsured cargo • C is most likely figure for this trade
SALVAGE SECURITY • Calculating the demand • Costs incurred • Likely award • Estimating values • How much do salvors hope to get
NOA required? • ITCH is subject to MIA 1906 and s62 says NOA must be given in most circumstances. • The Nordic Plan says: “Clause 11-5. Request for condemnation If the assured wishes the ship to be condemned, he must submit a request to the insurer without undue delay after the ship has been salvaged and he has had an opportunity to survey the damage. This request may be withdrawn as long as it has not been accepted by the insurer.”
The Nancy • [2013] EWHC 2116 • Failure to disclose past PSC detentions unlikely to be non-disclosure per MIA 18 – test of inducement applied. • On-line information (Sea-web) does not necessarily give rise to a presumption of knowledge for the insurer. • “Warranted vessels ISM Compliant” is a documentary requirement
How many lawyers? • Likely Lawyers may be acting for • Boxship • Hull insurers • Time Charterers • 6 different Slot Charterers • Dublin September • Windfarm Owners • Skegness Port Authority • Owners of vessels delayed at Skegness • Local oyster beds • Cargo interests (10+) • Wife of deceased MEP 25 at least!
SECURITY COLLECTION • Security collection issues • Quality • Maintaining the lien • Avoiding loss of value • Abandoned cargo
Steel prices Price per Kilo (US$) • Poland 4.00 • Portugal 9.00 • Germany 12.00 • Romania 2.50 • Turkey 3.00 • Singapore 3.50/4.00 • Dubai 3.50/4.00 • China 0.95
Repair quotes • Poland US$55m 175 days • Portugal US$65m 150 days • Turkey US$45m 200 days • Romania US$40m 250 days
Claims Rus Email • Thanks yours regarding the CTL position. The quotes will need further analysis but it would be reasonable to take a figure of say US$60m to cover repair costs and all incidentals. • This falls well below the Insured Value of US$100m which is the benchmark according to Clause 19 of ITC Hulls.
Claims Rus email • We can of course bring in ship’s proportion of GA and salvage but given the values this does not help! Assuming a figure of USD 40M • Ship USD 10M pays USD 2.08M • Cargo USD 182M pays USD 37.92M USD 192M pays USD 40M This only gives USD 62.08M
Claims RUs • The Nordic Plan says:- • “Clause 11-3 Condemnation • The assured may claim compensation for a total loss if the conditions for condemnation of the ship are met. • The conditions for the condemnation are met when casualty damage is so extensive that the cost of repairing the ship will amount to at least 80% of the insurable value, or of the value of the ship after repairs of the latter is higher than the insurable value • Unless the figures are way out we cannot presently see a CTL on either policy.
Claims Rus email To IMCC (Tristan) Thanks yours. These are complex issues you will need to also talk to your club about, but in outline:- 1.The vessel is still under LOF so it is likely that ship and cargo remain in peril until all or most of the cargo comes off. In that case the cost of discharge will be GA.
Claims Rus email 2.If the voyage is frustrated because the vessel is a commercial total loss, all GA allowances stop on the date the voyage is abandoned or completion of discharge of cargo – whichever is the later. 3.After that, further storage and transhipment to destination becomes cargo’s problem – or rather their insurers under the Forwarding Charges Clause in the Institute Cargo Clauses.
Claims RUs • These are just the initial positions – ultimately where the costs end up depends on whether there has been an actionable fault on the part of the carrier – that’s where the Club comes in. Best regards Claims RUs
Norplan position Norplan Clause 12-2 says:- “Compensation is calculated on the basis of the estimated reduction in the market value of the ship due to the damage at the time of expiry, but shall not exceed the estimated costs of repairs. Estimated common expenses are not recoverable, except for 50% of estimated dock and quay hire.” c. About the same
