The Philippine Labor Code states that a disability lasting continuously for more than 120 days should be considered total and permanent disability. In the Crystal Shipping (October 2005) and Remigio (April 2006) cases, the Philippine Supreme Court ruled that seafarers are subject to the Labor Code concept of permanent disability.
10 June 2008
2 June 2008
The Australian Transport Safety Bureau (ATSB) have recently published a substantial report on the grounding of the Pasha Bulker during what has been described as a once-in-30-years storm at Newcastle, New South Wales in June 2007. The vessel grounded after dragging anchor while waiting for a berth to load coal.The ATSBs recommendations cover a wide range of issues involving both shipboard and port operations.
22 May 2008
A recent English High Court case - Waterfront Shipping Co Ltd -v- Trafigura AG considered a tanker charterparty which provided that any claim by Owners for demurrage would be time-barred unless submitted to Charterers within 90 days of completion of discharge accompanied by "all supporting documentation". The judgement has emphasised that the High Court in London expects strict adherence with such provisions.
29 April 2008
Issues 41 and 42 of StopLoss, which are available for download from www.lsso.com, contained reports on injuries to pilots which were caused either by badly rigged or defective pilot ladders.Ongoing industry concern about this issue has led the International Shipping Federation (ISF), the International Chamber of Shipping (ICS) and the International Maritime Pilots Association (IMPA) to produce a booklet entitled Shipping industry guidance on the rigging of ladders for pilot transfer.
21 April 2008
As highlighted in previous London Club Website News alerts, the US Coast Guard (USCG) has a mandate under the Maritime Transportation Security Act to determine the effectiveness of anti-terrorism security in ports outside the USA and to impose conditions of entry on ships entering US ports from a country or terminal where the USCG regards the security as inadequate.The USCG has now added Cuba to the growing list of countries considered to have ineffective anti-terrorism measures.
17 April 2008
A previous London Club Website News Alert reported Bimcos production of a Guide to Prepare for Port State Control Inspections in the USA.Bimco has now announced that it intends to issue a series of pamphlets offering practical guidance to seafarers on a variety of other topics. The second in the series has just been published and is entitled Tips on avoiding piracy, robbery and theft.
14 April 2008
Lamorte Burns & Co Inc, P&I Correspondent in New Orleans, has advised that persistent heavy rain in the Mississippi Valley has caused problems for shipping on the Mississippi river. The very significantly increased currents and river levels have made routine operations much more difficult, with reports being received of ships struggling or unable to hold their position either alongside or at anchor, even with tug assistance.
20 March 2008
Further to the London Club Website News article of 11 March, the US Coast Guard (USCG) has now issued Port Security Advisory (03-08) by which Iran has been added to the growing list of countries which the USCG has determined are not maintaining effective anti-terrorism measures.The USCG has imposed conditions of entry, effective from 2 April 2008, on vessels wishing to enter a US port having made a recent call in Iran.
11 March 2008
Further to the London Club Website News article of 23 January on security issues at West African ports, the US Coast Guard has produced two new Port Security Advisories which impose conditions of entry into the USA on vessels that have previously traded to Syria or certain ports in Indonesia. The details are contained in Port Security Advisory (01-08) for Indonesia and Port Security Advisory (02-08) for Syria and a copy of each document is attached.
6 March 2008
A recent judgment from the Spanish Supreme Court has considered the status of local agents as well as the nature of their legal relationship with cargo receivers. And the conclusions reached by the Court are such that the P&I Correspondents, Pandi Claims Services, advise that it is "likely that cargo owners and their insurers could claim directly against [agents] as the legal representative of the Shipowner in Spain, both being considered jointly and severally liable for damages caused".