|
SERVICES
Casualty Investigation – Litigation
Support
The investigation of marine casualties is one
of our main areas of expertise and experience.
Whenever a marine casualty occurs, liabilities
can arise through contract, tort or statute. Often, liability
can be routinely established and a course of action determined
without the need for outside assistance.
In many cases, however, liability may not be
clear-cut – information may be lacking, evidence unavailable,
crucial pieces of the jigsaw missing. Before meaningful legal
advice can be obtained or strategies developed, it is sometimes
essential that these missing jigsaw pieces be brought together.
Our role in these cases is to identify and gather information
- and in particular evidence - that will enable our clients to
determine liabilities with a high degree of confidence and so
achieve a satisfactory and early result with the minimum of disruption
to their business relationships.
We have witnessed the evidence we have obtained
in marine disputes withstand varying levels of attack in negotiations,
mediations, arbitration and court hearings - both in the UK and
abroad. We know how evidence is used and the relative value of
different kinds of evidence. Most importantly, we know how to
get it.
We have dealt with many types of casualties,
including:
- Collisions & allisions
- Groundings, strandings & founderings
- Salvage & towage operations
- Fires & explosions
- Hull & Machinery damage
- Cargo loss & damage
- Loss of life & personal injury
- Piracy and phantom ship fraud
- Shipyard and terminal accidents
- Mega yacht casualties
- Total losses
Back to Top >
Casualty Investigation – Safety
Analysis
We apply some of the same techniques we use
in gathering evidence in the marine claims arena – such
as cognitive interviewing and witness empathy – in matters
where the emphasis is on safety improvement rather than attribution
of blame.
Such matters include flag State accident investigations,
where we supplement and support the flag State authority’s
existing investigation framework, or an accident investigation
set up by a ship owner or manager as part of his statutory obligations.
Unskilled investigators often overlook the human factor, both
as a cause and a consequence of marine casualties. We believe
our ability to detect self-serving motivations and other factors
influencing behaviour, together with our understanding of the
trauma that can affect those involved in marine accidents, are
second to none and bring tangible benefits to our work.
Back to Top >
Casualty Management
We like casualty management because it gets
us out of the office.
Increasingly, casualties attract a wide range
of interested parties and may require the skills of a number of
different disciplines. The more active stance of port and coastal
states of recent times can add to the complexity of handling and
co-ordinating these varied and often conflicting interests.
In all that we do we aim to protect and enhance
our client’s position. To that end we are frequently required
take on a casualty management role when attending live casualties
as investigators. Equally, we can act solely as casualty managers
if the client requires.
We are used to dealing and working with surveyors,
superintendents, salvors, repairers, specialist experts and local
lawyers, as well as the apparatus typical of any self-respecting
police state. The client’s team alone can easily exceed
the number that can be counted on two hands. Naturally, everyone
expects unfettered access to the master, who may have recently
experienced enough excitement to last the rest of his lifetime.
If not protected, most masters will accept these demands with
good grace, such that extreme fatigue and stress and deteriorating
performance are the almost inevitable consequences.
In addition to the obvious technical and organisational
skills, casualty management requires good inter-personal skills,
including decency, humour and assertiveness. The ability to win
arguments by shouting the loudest, by having the longest unblinking
but squinty stare, etc, is also helpful on occasion.
There are a number of ways we can assist clients
in casualty management, from assembling the client’s team
and co-ordinating their activities, acting as a bolt-on to the
client’s existing crisis management structure, to working
to the requirements of the client’s legal advisors. We believe
flexibility and responsiveness are important aspects of our approach.
Back to Top >
Post-Casualty Analysis
Whether we have obtained information and evidence
ourselves or whether the client has provided us with evidence
such as documents, statements and experts’ reports, our
legal case handling experience combined with our technical understanding
allows us readily to analyse evidence and assist in determining
liabilities.
Much of our time is spent analysing documents
and other forms of evidence in relation to issues of causation,
negligence, due diligence, seaworthiness, quantum and privity
within the context of contracts of carriage and of insurance.
Our comprehensive reports are written in plain English and contain
a level of detail and analysis that is commensurate with the size,
value and complexity of the subject matter.
If the client requires, we will in addition
to our conclusions provide advice on corrective action and/or
our recommendations on further conduct or handling of the matter.
Back to Top >
Claims Consultancy
We are on hand to assist clients with their
claims handling. We provide a legally aware consultancy, which
enables us to bring together the technical and legal issues arising
from marine claims.
We do not have a fixed procedure or “one
size fits all” approach to our claims consultancy. We do
not insist on taking control away from the client. On the contrary,
our aim is to add value by assisting the client to achieve the
best result with the optimum use of its own resources.
In the initial stages of a claim we can obtain,
gather and analyse evidence. After handing the “ammunition”
over to the client our involvement may come to an end.
However, if the client chooses, thereafter we
can recommend, appoint and instruct surveyors, experts, solicitors,
Counsel and foreign lawyers on behalf of the client and if necessary
co-ordinate the activities of these service providers. For example,
we are frequently used to assist experts to produce reports for
use in litigation by highlighting the contentious issues and ensuring
the experts deal with them objectively and comprehensively.
We can advise or represent clients in settlement
negotiations, London arbitrations and other forms of alternative
dispute resolution.
Back to Top >
Marine Consultancy
We also offer a straightforward marine technical
consultancy dealing with:
- Dry and liquid cargoes
- Cargo stowage, handling and securing issues
- Safety of navigation
- ISM, safety and QA management systems
- ISPS issues
- Shipboard operations
- Repair invoice reviews
- Risk assessments
- Regulatory and certification issues
- Review of class documentation
- Ship maintenance and repair
- Laytime & demurrage
- Offhire and bunker quality
- Technical management
Back to Top >
Expert Opinion Work
When we worked as marine investigators and consultants
with a firm of English solicitors our ability to act as expert
witnesses was restricted. Now that we are independent consultants
we are able to provide clients with expert witness services within
our areas of marine expertise.
In addition to acting as investigators in a
particular matter we can now in appropriate cases continue to
act on behalf of the client in the roles of expert witnesses -
experts, who see and gather the evidence first-hand. How good
is that!
Clients should, however, bear in mind, as we
do, that expert witnesses have an overriding duty to assist the
Court. Objectivity and independence are vital in ensuring that
our clients do not make expensive mistakes. Back to Top >
|