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Marine & Transport
Introduction
Ashfords' Marine & Transport department specialises in all aspects of marine work, both contentious and non contentious, and are particularly involved in major project work such as shipbuilding, ship finance and mortgage agreements as well as resolving disputes arising out of total loss and/or sale/construction of a wide variety of vessels.
Ashfords' Marine & Transport department specialises in all aspects of marine work, both contentious and non-contentious, and are particularly involved in major project work such as shipbuilding, ship finance and mortgage agreements as well as resolving disputes arising out of total loss and/or sale/construction of a wide variety of vessels.
In addition, the department has considerable expertise in and experience of the Rail and Aviation sectors and is acting for an increasing number of clients particularly in the aviation industry.
The department is headed by ex-seafarer and member of Nautical Institute and director of Maritime Plymouth, Charles Hattersley.
The Firm holds membership of Superyacht (UK), British Marine Federation, BMIA and British Maritime Law Association.
Work handled includes:
Non-contentious Shipping & Transport matters
- Shipbuilding contracts
- Ship finance – mortgages, deeds of covenant, deeds of priority
- Harbour Authorities: advice on HEO's and HRO's
- Ship sale and purchase transactions (including floating businesses/homes, and fishing licences)
- Charter parties and cargo disputes.
- Aircraft sale and purchase advice, including security and finance.
- Rail sector service agreements
- Rail sector joint venture agreements.
- Drafting security documentation for major clearing banks.
- Drafting and negotiating mortgage deeds, deed of covenants and notices of assignment.
- Drafting deeds of postponement and deeds of variation relating to the shipping and aviation sector.
- Drafting charter party agreements (time, voyage and bareboat).
- Advising on loan agreements and related ship finance transactions.
- Advising on all aspects of licenses (in particular for the fishing industry) and also quota entitlement etc.
- Drafting and negotiating crew management and employment agreements (on behalf of owners and crew).
- Advising on drafting collateral head contract agreements, e.g. variation orders, through life services agreements, and/or aspects of sub-contracts.
Shipping & Transport Litigation
- Shipbuilding/repair contract disputes
- Harbour Authorities' interests, and Merchant Shipping legislation
- Claims arising under Protection & Indemnity insurance policies
- Ship arrest in wide variety of jurisdictions.
- Speed and performance, demurrage/ laytime, charterparty, contract of carriage and cargo disputes
- Total losses, investigation of fire and explosion damage
- Crew wage, personal injury and fatal accident claims
- Collision, salvage, unsafe port disputes and unseaworthiness claims
- Oil shortage claims and related insurance disputes
- EC legislation and practice (including European Court cases, dealing with fishing quotas)
- Prosecution of fishing/marine environment offences for government agencies
- Aircraft and helicopter sale/purchase disputes
- Rail industry disputes
- Road Haulage (including CMR) disputes
Recent work undertaken includes:
- Shipbuilding contracts for 9 Tamar class lifeboats
- Shipbuilding contract for mega-yacht (78 metre)
- Settlement of long-running personal injury at sea claim
- Arrest of heritage vessel for non-payment of craftsman's fees
- Arbitration in Vancouver for skipper of superyacht
- Unsafe berth claim
- Purchase of floating bar/restaurant
- Major disputes for avoidance of threat of liquidation
- Fatal accident claim arising on-board vessel
- Aviation sale commission fee dispute
- Acting for claimant in respect of MSC "Napoli" incident
- Acting for Portuguese correspondent in € 1million claim against cruise ship
- Defending claim from foreign shipyard for biggest independent shipowner in Europe
- Acting for harbour authorities in rewriting byelaws and Harbour Revision Orders
- Acting for major engineering plant exporter on letters of credit and bills of lading issues
- Advising Dutch correspondent in respect of freight forwarding agreement with major multi-national company.
What other say about us
"The team advised on over £100m-worth of shipbuilding and repair contracts..."
Legal 500, 2006 Edition
"...the wide-ranging practice 'traps some good deals'..."
Chambers Guide to the Legal Profession, 2005 Edition
"Seasoned shipping lawyer Charles Hattersley is noted for his strong personality..."
"Charles Hattersley is "tenacious and shrewd - a good man to have in your corner."
Chambers Guide to the Legal Profession, 2008 Edition
