Shipping Law

Our maritime law consultant provide legal advice and representation in matters arising from carriage of goods by sea and other contracts related to shipping. We can guide your matter through the maze of international laws and conventions that interact with UK Law, International Conventions and the Civil Procedure Rules in English Courts.

Importantly, we pay attention to time limits. This is a fundamental aspect of bringing or defending maritime proceedings. Many carriages of goods by sea disputes relate to ships that are registered in other jurisdictions.

The Commercial Court and the Admiralty Court are specialist courts that have centuries old experience of maritime matters. To successfully operate in these courts, a good understanding of specialist civil procedure rules and court guides is essential.

Contact us for a first-class legal service in maritime and shipping matters.

Tinashe Tandayi

Tinashe Tandayi

Solicitor

Early engagement of solicitors for legal advice on shipping matters is advisable.

Loss of claims have occurred when potential clients have come after the court time limits for bringing claims in England and Wales has expired.

It is possible to extend time limits. Our solicitors can advise and assist with extension of time limits.

We consider and advise our clients on dispute resolution. This may be in relation to litigation or by way of arbitration. Negotiations with the other side can lead to settlement or to a post dispute arbitration agreement. We can also provide support in the London Court of Arbitration.

Our firm can act for individual and corporate clients including law firms from Commonwealth judgments, EU and USA on enforcement of foreign judgements.

If your goods have been retained under a lien, we are able to advise on maritime liens, equitable liens, statutory liens and possessory liens.

We can contact the party that has retained your goods and try to resolve the matter without litigation, or with litigation if this becomes necessary.

The bill of lading is a prime contractual document for carriage of goods by sea.

This document obliges a particular carrier to deliver cargo on terms expressed in the bill of lading.

Bills of lading are central to cargo claims in English law.

Common claims arise from breach of carrier duty under the Hague-Visby Rule by carrier failure to exercise due diligence in terms of vessel seaworthy or carrier failure properly to care for the cargo.

We are able to make contact with carriers on our client’s behalf, file claims with insurers where this is applicable or commence litigation at court if negotiations and or arbitration do not resolve any disputes.

Client may also make cargo claims that rely on charterparties within the framework of the Hague or Hague-Visby Rules.

We advise our client on when this may be appropriate.

Liability for cargo claims may also be apportioned between owners and charterers when both are party to a dry bulk time charter.

Apportionment is mainly determined by the International Group of P&I Clubs’ Inter-Club New York Produce Exchange Agreement.

This was last revised in 2011.

Our firm can advise captains and crews of ships on the protections afforded to them by UK domestic law, by international law and by maritime conventions.
Advice to seafarers includes advice on minimum working conditions, minimum age, medical certification, hours of work and rest, welfare, social security protection and preparation of wills.

If you or your business need further legal advice or representation on any of the matters listed below, we would be pleased to hear from you:

Going to sea

  • Registration of vessels
  • Classification of vessels
  • Vetting, negotiation and variation of marine insurance terms
  • Captain and crew employment agreements

Charterparties

  • Time Charters
  • Voyage Charters
  • Bareboat Charters
  • Contracts of affreightment for Tanker or Dry Cargo Charters

Ship Arrest

  • Application for warrant of arrest of a ship
  • Defence of warrant of arrest applications
  • Criminal Law enforcement arrest of vessels
  • Compensation for wrongful arrest of a ship

Operational Documents

  • Bill of Lading
  • Ship Notices
  • Health & Safety Manuals
  • Limitation of Liability Clauses
  • Ship Supplies Contracts

Collisions

  • Application of Both-to-Blame Collision Clauses
  • Liability for and compensation for Wash damage
  • Liability for and compensation for FFO damage (Fixed and Floating Object)
  • Entitlement to reserve ships for charterer and owners of ships
  • Territorial waters and jurisdiction of Admiralty Courts
  • Compliance with marine insurance policy notification requirements

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