Guidelines for Collecting Maritime Evidence - Volume 1

Acknowledgements

List of abbreviations

Chapter 1: Preserving evidence on behalf of state safety

inspectors. The UK perspective

Chapter 2: The Master’s responsibilities for collecting evidence

Chapter 3: The P&I approach

Chapter 4: The surveyor’s perspective

Chapter 5: The lawyer’s point of view

Chapter 6: A marine claims broker’s perspective

Chapter 7: Evidence for insurance claims

Chapter 8: A practical view from P&I

Chapter 9: Evidence and arbitration

Appendix 1: The no-blame approach to state safety investigations

Appendix 2: Checklists

Index

Contributors

Chris Adams BSc (Hons) MRIN FNI

Chris was formerly a partner and director of the companies responsible for the management of the Steamship Mutual P&I club; at the time of his retirement in 2023, he was the managing director. He was Head of European Syndicate with responsibility for the business of all the club’s members domiciled in Europe, and Head of Loss Prevention with responsibility for all of the club’s loss prevention materials and initiatives. He is a Younger Brother of Trinity House and previously served at sea as a navigating officer with Ellerman City Liners on general cargo, container and ro-ro ships. He is now an independent maritime consultant.

Captain Sanjay Bhasin LLM FIIMS FICA AFNI

Sanjay is a director of Octant Marine Limited in London. He has sailed as Master on bulk, reefer and forest products carriers. After coming ashore, he worked in South Africa with P&I correspondents and a leading cargo insurer, investigating a variety of accidents and implementing loss prevention programmes. He moved to London in 2007 and was a director with two marine consultancies before founding Octant Marine. He has wide experience of collecting evidence and investigating marine incidents and casualties and has given evidence as an expert witness.

Captain Julian Brown FCIArb FCMS LLM FNI

Julian has been arbitrating since 2011 and has appeared as an expert witness since 1992. He has extensive experience of Singapore OPL operations, blending and contamination cases and related disputes. After a seagoing career to Master on a wide variety of vessels, Julian became an auditing OCIMF and senior CDI inspector for ships and terminals and a panel surveyor for the International Group of P&I clubs. Credited with more than 200 arbitral appointments, he has provided opinions for, and given expert testimony in litigation, arbitration and mediation in England, Malaysia, Singapore and UNCLOS disputes at The Hague.

Captain Paul Drouin FNI

Paul is currently the principal of SafeShip.ca, a marine consulting firm specialising in marine investigations, safety culture and pilotage issues, and the editor of The Nautical Institute’s Mariners’ Alerting and Reporting Scheme (MARS). He spent 20 years as officer and Master with the Canadian Coast Guard and more than a decade as a marine accident investigator with the Transportation Safety Board of Canada.

Ivor Goveas LLM MNI

Ivor is currently executive director at Willis Towers Watson, providing claims advocacy to shipowners, charterers, ports and terminals. His seagoing career spanned 23 years, mainly on gas and petroleum tankers, rising to the rank of Master. After coming ashore, he worked in marine insurance before moving into marine claims broking. He has managed and mentored a claims team providing a full claims service and risk management solutions. Ivor is currently a member of The Nautical Institute’s Professional Development Committee.

Louise Hall MSc Marine Surveying

Louise is currently Director, Loss Prevention at Shipowners’ P&I Club, where she has global responsibility for developing and implementing the club’s strategy for loss prevention. In addition to serving at sea with a global container shipping line, she has experience of working as a cargo planner for both shipping lines and a cargo terminal, operations superintendent and as a ship manager.

Jack Hatcher MNI

Jack is an English solicitor and a partner at Shoreside Law. He regularly acts for ship and yacht owners, charterers, managers, P&I clubs, underwriters, brokers, ports and shipyards. Prior to joining Shoreside Law, he served at sea as a deck officer in the merchant navy and spent five years at an International Group P&I club. Given his seagoing experience, Jack has particular expertise in the investigation and handling of high-profile marine incidents worldwide and the contractual, third-party and insurance disputes that arise from them.

Gerard Hopkins

Gerard is a full-time independent arbitrator. He has been arbitrating since 2022 and is currently the Honorary Secretary of the London Maritime Arbitrators Association. Before that Gerard practised for more than 30 years as a solicitor and was a partner with the London-based maritime law firm MFB Solicitors. He has been involved in many maritime disputes, ranging from main engine breakdowns, off-spec bunkers, crane and hold damage, loss or damage of cargo and unsafe port claims.

David Keyes

David was Head of Marine Shipowners Claims at the global insurance broker, Willis Towers Watson, specialising in claims relating to hull and machinery and ports and terminals for clients worldwide. He has more than 39 years’ experience as a marine claims broker and client advocate in the London Insurance Market. He started his career with the Insurance Broker, Sedgwick Ltd, and then moved to the oil services company Halliburton, where he held the position of Risk & Insurance Manager for Europe, Far East and Africa.

Michael Mallin BSc HCMM MNI

Michael was a partner at the Hong Kong office of English solicitors Hill Dickinson LLP, having set up the office in 2013. As a Master Mariner with more than 12 years’ seagoing experience, he specialised in problems arising from maritime casualties, including collisions, salvage, insurance and contractual disputes. During more than 30 years’ practice as a shipping lawyer, he dealt with hundreds of casualties, including many of the largest (notably Starsea, Costa Concordia, Chitra, Amadeo 1, Nissos Amorgos and APL Panama), and he acted as an expert witness on many occasions. Sadly, Michael passed away before this edition was published.

Captain Andrew Moll BSc MNI

Andrew is Deputy Chief Inspector of Marine Accidents at the UK’s Marine Accident Investigation Branch, having joined in 2005 as a Principal Inspector after 27 years in the Royal Navy. A surface and anti-air warfare specialist, his career was largely sea-going, spent in destroyers and aircraft carriers, with commands including the Type 42 destroyer HMS York and the Type 22 frigate HMS Chatham. He completed two appointments in the Ministry of Defence, in the Directorate of Naval Operations and as Secretary to the Chiefs of Staff Committee.

Captain Ian Odd AFNI

Ian was sailing as Master on Panamax product tankers trading worldwide when he retired in 2013. He started his seagoing career in 1965 with a tramp company that then owned cargo ships and tankers and later acquired a large OBO, along with chemical tankers. After earning his Master’s certificate in 1976, Ian specialised mainly in chemical tankers. His first command was in 1979. Employers were Turnbull Scott, Stamford Tankers, AS Vulcanus and Expedo Ship Management. Ian is a volunteer bridge team member and DPA for the SS Shieldhall, probably Europe’s largest working seagoing steam ship.

Peter Young BSc MRINA MNI

Peter was formerly claims director of V.Scope, the insurance broking arm of V.Ships. Peter’s seagoing career started on a cadet training ship, from which he qualified as a navigating officer with a BSc in Nautical Science. Employment as office manager with a tug and barge joint venture in Great Yarmouth servicing the developing offshore oil industry led to involvement in sorting out insurance and salvage claims. Peter subsequently worked for P&O’s General Cargo and Bulk Shipping Divisions in senior claims management roles. Sadly, Peter passed away before this edition was published.