Russell Ridley & Co. — London Maritime & Energy Lawyers

A harbour is defined in the Harbour Act 1964 as:

any harbour, natural or artificial and any port, haven, estuary tidal or other river or inland waterway navigated by seagoing ships and includes a dock and a wharf .

This unhelpful definition which would not apply to the vast majority of offshore loadings from sbm’s or conventional berths has been expanded by the Merchant Shipping Act which states that a port "shall include a place". In essence everything is covered. Our involvement in this area of law is in relation to actions against port authorities whereby their failure to properly carry out their statutory duty causes our clients to sustain loss, damage or delay.

We also act on behalf of a number of Oil & Gas companies who operate terminals and our work on their behalf involves drafting their terminal conditions and tanker loading advice. Limitation of liability bears an important relationship to both types of claims. Private companies rely upon their contractual conditions and the municipal/non profit making/nationalised authorities as well as some privatised bodies rely upon statutory limitation as well as contractual limitation.

We are particularly familiar with the major players bulk and tanker terminal conditions and are often instructed to advise in relation to potential actions for vessels trapped within a harbour or prevented from entering a harbour by virtue of breakdown of port authority equipment. Similarly we advise in relation to ‘break out’ of vessels and damage to submarine hoses on both sbm’s and spm’s as well as conventional berths.

Terminals & Port Authorities

principal authorities

non profit-making authority

municipal authority

nationalised ports

private companies

conservancy boards

powers of the authority

harbour docks piers clauses act 1847

general pier & harbour act 1891

the harbour act 1964

docks & harbour act 1966

statutory limitation of liability

merchant shipping act 1900

terminal/tank farm contract

tonnage or period agreement

storage contract

wharfage contract including services

offshore loading (bow loaders)

offshore discharging

contractual limitation of liability

berth lease

bulk terminal agreement

tanker terminal agreement

tanker loading advice

The shipowners liability to the pilot (so far as UK waters are concerned) arises under section 15 of the Pilotage Act. This section provides that there is no defence of compulsory pilotage. Therefore the shipowner is liable for negligence on the part of the pilot during the period of the employment.

Pilotage Authorities

basis of employment of pilots

pilotage districts

compulsory

non-compulsoryy

excepted vessels

offences

licenced pilots

duties and authority of pilot

pilotage and salvage

Ocean towage is commonly carried out on the UK standard towage conditions a paradigm of a one sided contract, nevertheless shipowners rarely question the onerous terms and the towage companies now consider that they will obtain UK STC as a matter of right. Harbour towage is generally based upon a more balanced contract which has the effect of making the tug liable where the tug has been negligent. Special rules apply to both pilots and tugs in service where they wish to claim salvage.