• drafting and advising on special provisions

• post fixture disputes

• standard form agreements

• condition on delivery/maintenance clause

• responsibility for stowage

• charterer's bunkers

• off-hire provisions

• safe ports, berths and anchorage

• trading limits/war risks

• duration of hire/redelivery

• payment (or non-payment) of hire

• owner's/charter's bills of lading

• lmaa arbitration

• drafting and advising on special provisions

• post fixture disputes

• standard form agreements

• the approach voyage

• laycan and cancellation

• responsibility for towage

• safe ports, berths and anchorage

• demurrage

• trading limits

• payment and recovery of freight

• damage to ship caused by cargo

• lmaa arbitration

In this limited specialist market of high value vessels frequency of off take is essential.  Consideration of the provisions relating to responsibility for damage to off-shore loading and discharging facilities is required.  These contacts are normally long-term and may be likened to contracts of affreightment.

We have a high volume of time chartered clients and provide a cradle to grave service, looking after all legal aspects of pre-fixture acceptance of terms and post-fixture disputes.  This involves everything in the nature of FD&D as well as cargo claims brought either by receivers or occasionally by sub-charterers or disponent owners. In recent years there has been a growth of damage to ship claims caused by aggressive cargoes, this noticeable increase is in addition to the more usual ship damage caused by breach of a safe port warranty.

The Asbatankvoy c/p form is the work-horse of the tanker market. We have a wealth of experience in relation to this and other standard forms.  We have noted that there has been an increase of claims for delay including the loss of market value these may arise from the vessel missing the cancelling date producing claims for delay, which can be sustained if the vessel failed to commence the approach voyage in good time.  Breach of the safe port warranty can cause damage and delay. Demurrage claims are themselves liquidated damage claims for delay.

• bills of lading

• obligations of the carrier

• identity of claimant

• shortages – prima facie burden of proof

• ROB and trade ullages

• Hague (Visby)/Hamburg rules defences

• ships tanks v shore tanks

• calibration of tanks

In relation to shortage claims it is important to emphasise that there is no such thing as a trade ullage.  If there were, it would amount to the owner having a licence to steal cargo. Whilst there will be a slight loss of hydrocarbon cargoes due to evaporation on the voyage (light ends only) this should be nominal. With the advent of crude oil washing (cow) there should not be any rob.  In the absence of a fortutity any shortage in bulk liquid cargo is a paper loss.  The vast majority of shortages that we handle result from documentary errors, they are primarily overstated bills or based upon improperly calibrated shore tanks at load and disport.  A comparison of shore tank v shore tank is a comparison of apples with pears whereas a comparison of ships tanks after load and before discharge is a bullseye.