Collisions

• Investigation, security and jurisdiction

• Admiralty liability proceedings

• Issue of claim form

• Exchange of collision statement of case

• Case management conference

• Exchange of list of documents

• Exchange of witness statements

• Exchange of experts reports

• Meeting of experts

• Joint memorandum of experts

• Trial and judgement on liability

• Repair and preparation of quantum documents

• Case management conference on quantum

• Quantum hearing before the admiralty registrar

• Costs issues

• Costs up to judgement on liability

• Offers on liability (open offers) and their effect

• Costs of proving quantum

• Offers on quantum (part 36 offers) and their effect

Many cases turn upon the founding of jurisdiction.  We have a wealth of experience handling many leading cases founding jurisdiction in the English courts. 

Jurisdiction of the English courts

• Form of arrest (in personam/in rem]

• The right of arrest

• Security or bail

• Order for appraisement and sale

Security for your claim is essential and arrest actions in english and other convenient jurisdictions against ship or cargo and bunkers on time chartered vessels are occasionally necessary to preserve the purpose of your action.  Security in an acceptable form is not always available, forcing us to seek an order for appraisement and sale. A consideration of the law in relation to priorities is essential here.   In collision actions everything turns upon the initial investigation, the collection of evidence and the obtaining of security. Once the action is properly founded then the recovery of costs becomes the highest priority thus:  

Costs on liability

As you recover only the percentage in your favour and pay opponents the percentage in their favour.  Beat the system with an early open offer and beat the open offer to win 100% costs recovery.  

Costs on quantum

As you recover only the cost of proving your own claim and pay opponents the cost of proving their claim.  Beat the system with an early part 36 offer and then beat the part 36 offer and win 100% costs recovery. The recent introduction of the Lloyd`s open form (current version – 2000) provides no more article 14, instead, incorporates scopic. Scopic: Special Compensation P&I Clause This follows an agreement by ISU, P&I clubs and London marine property insurers. This was amended in 2001 and now remuneration based on a tariff

Salvage

• Recognised subjects of salvage

• Jurisdiction of the Admiralty Court

• Life Salvage and/or Property Salvage

• Danger/Voluntary service/Success

• Statutory Provisions

• Section 422 Merchant Shipping Act

• Section 6 Maritime Conventions Act

• Section 16 Merchant Shipping Act

• Special position of:

  • Pilots,Towage, Ships Agents, Passengers, Crew & Master,

  • Officers of the Royal Navy, Coastguards, Lifeboat Crews,

  • Harbour Authorities

• Apportionment between various sets of salvors

• Assessment Of Award

• Salvage Agreements

• Lloyds Open Form

• Scopic