Marine & Transport

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We advise in respect of all aspects of marine related legal advice to a national and international client base representing ports, harbours, marinas, government agencies, property developers, insurers, banks, shipping companies, fishermen, and other marine businesses.

We advise in relation to all aspects of marine regulation, including harbour revision, empowerment and closure orders, marine licensing, harbour and pilotage dues, general directions, harbour directions and byelaws (including prosecutions), statutory harbour powers, removal of vessels and wrecks, harbour works licensing, oil pollution claims, other environmental matters and Maritime Safety (“MCA” and “HSE”).

We are recognised nationally for our pre-eminent Coastal Development and Marine Licensing expertise and are currently advising on a number of multi-million pound coastal developments.

We are also active in the commercial shipping and fishing industries advising on all aspects of marine and transport casualty work, fisheries matters, ship building and repair, charter contracts, offshore industry, crewing agency related and charterparty disputes, marine fatal accidents and personal injury claims. We will seek to resolve disputes without resorting to Court. However, when necessary we conduct significant Admiralty court cases and LMAA arbitrations, and arrest vessels to protect the position of our clients.

Marine Regulation

The Ashfords Marine and Transport team have an indepth knowledge of the Ports Industry and advise in relation to all aspects of marine regulation, including statutory harbour powers, harbour revision, empowerment and closure orders, harbour and pilotage dues, general directions, harbour directions and byelaws (including prosecutions), removal of vessels and wrecks, salvage, harbour works licensing

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Harbour Revision, Empowerment and Closure Orders

The majority of operational ports and harbours in the UK are run by 'statutory' harbour authorities ("SHAs"). SHAs originally obtained their powers under statute and as such, must exercise them in accordance with their governing legislation.

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Shipping

The Ashfords Shipping Team advise on all aspects of marine and transport casualty work, ship building, sale and purchase, ship repair and a variety of charter contracts. We have particular expertise in the offshore industry, charterparty disputes and marine fatal accidents and personal injury claims. In addition we conduct significant Admiralty court cases and LMAA arbitrations.

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Marine Licensing and Planning

A marine licence is required for 'licensable activities' taking place up to the mean high water spring tide mark (including tidal estuaries, rivers and channels) unless an exemption applies.

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Coastal Development

Obtaining the consents required for coastal development can be a complex and time consuming process. Our pre-eminent coastal development expertise is nationally recognised and we use our extensive experience to pursue consents in a timely and cost effective manner, reducing project delay.

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Wrecks and Salvage

There are thousands of wrecked vessels and aircraft around the UK coast. Under the Merchant Shipping Act 1995('MSA'), you must report all wreck material recovered from UK territorial waters and any wreck material brought into the UK from outside UK territorial waters to the Receiver of Wreck. The Receiver will investigate any report of possible offences regarding the treatment of wreck.

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Marine Prosecutions

The Ashfords Marine Prosecutions Team have significant experience of defending and prosecuting marine related cases involving marine regulatory offences and maritime safety. Our practice includes marine licensing and fisheries prosecutions, harbour authority byelaws, general directions and harbour directions (including drafting new byelaws and directions) and maritime safety (MCA and HSE).

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Frequently Asked Questions

Do I need a marine licence?
Under the Marine and Coastal Access Act 2009 a marine licence is required for 'licensable activities' taking place up to the mean high water spring tide mark (including tidal estuaries, rivers and channels) unless an exemption applies. In addition the scope of activities requiring a marine licence has been significantly widened and includes:
- Construction, alteration or improvement of any works in or over the sea or on or under the sea bed (this description can encompass the maintenance of existing works;
- Dredging;
- Deposit, removal or incineration of any substance or object;
- Scuttling of any vessel or floating container
Carrying out a 'licensable activity' without a marine licence (or in breach of its conditions) can result in an unlimited fine or up to 2 years in prison (for the most serious offences).