Marine & Transport

The Marine Bill - A Tide Of Change

On 3 April 2008 the government published its draft Marine Bill. This much anticipated Bill overhauls the regulation of the coastal environment and is an extensive and ambitious piece of legislation. A public consultation on the Bill will now run until 26 June 2008 after which the Bill should begin its journey to Royal Assent through debate in the House of Commons and the House of Lords.

Is Shipping's Green Image Threatened?

Since the golden age of the Tea Clippers, the transport of resources, goods and materials by sea has been viewed as a relatively environmentally friendly method of distributing goods around the world. This fragile public perception is at risk of being shattered by a recent report from the UN's Intergovernmental Panel on Climate Change (IPCC) that has been prematurely received and reported on in the Guardian.

Drink and the sea don't mix

This existing legislation is contained in Part 4 of the Railway & Transport Safety Act 2003. Section 78 makes it an offence for professional Masters, pilots and seamen to exceed the prescribed limit while they are on duty. Also, provision in the Merchant Shipping Act 1995 (Section 58) provides that any Master or seaman who, while under the influence of drink or drugs, causes damage to his ship, another ship or structure or causes the death or serious injury of any person, he is guilty of an offence. In this case his conviction could lead to imprisonment (maximum 2 years) or a fine, or both.

Perils of the Sea

Although there can be any number of incidents which cause problems at sea (due to the dangerous and unforgiving environment particularly when operating commercial vessels) that of speed and drink has been in the limelight recently in the South West.

Shipping and Criminalisation in the 21st Century

Seafarers have been subject to criminal law since time immemorial. This has not changed at all. However what has changed is that the administration or implementation of criminal law by many coastal states has become much more severe and, in many cases, treats seafarers unfairly.

Marine Brochure

Wise up to competition rules

There has been a great deal of attention given to the impact of competition law in the shipping sector in recent months - particularly following changes in EU legislation. For the first time competition rules apply directly to the wider shipping sector. So what are the competition rules and how are they applied in practice?

Marine Insurance

As Winston Churchill once said: "Every person should be fully and comprehensively insured - failing which they face financial disaster or bankruptcy." These words could not be truer than in the marine industry; indeed, not to have your business, vessels or equipment insured as comprehensively as possible does expose any individual or business to unnecessary risks.

Summary of the Government's White Paper on the Marine Bill

The Government published its White Paper on the Marine Bill entitled "A Sea Change" on 15 March 2007.

MSC "NAPOLI"

The world has been following with interest developments on the "Napoli", currently the subject of a major salvage operation off Branscombe Beach. As of 21 February 2007 approximately 293 contained remained on deck - although of course the numerous containers below decks still have to be removed by the salvors.

Wreck of the vessel "Napoli"

First, I should make clear that if a wrecker or finder follows the correct procedure he maintains any right he or she may have to a salvage claim and also avoids the risk of having to pay a fine on summary conviction of up to £2,500 and/or twice the value of the salved item to the consignee or its rightful owner.

Seafarer's Rights

The 18 th Century literary giant, Samuel Johnson, once said that "No man will be a sailor who has contrivance enough to get himself into a jail; for being in a ship is being in a jail with the chance of being drowned"!. This was a very apt comment and to some extent is as true today as it was then. Employment at sea has always meant danger, isolation and restriction. It has also meant that the seafarer is generally out of reach of any legal system which might be used to protect him.

The legal perils for those at sea

Over the centuries, the law has often overlooked the rights of ordinary seamen favouring, instead, those of the ship or cargo owner. Here Charles Hattersley, a partner at South West law firm Ashfords and head of the maritime department, discusses the legal perils of the sea.

Napoli - wake-up call for industry

Charles Hattersley is a marine expert and partner in leading law firm Ashfords and operates out of its Plymouth office. After 15 years at sea, he trained as a lawyer in the City of London and since 2006 has been developing and leading Ashfords' fast expanding marine and transport department.