International Transport Intermediaries Club (ITIC) defended a ship manager against negligence allegations, that a shipowner made after the loss of a lifeboat overboard.
The lifeboat was drifting off the port of Naze, Japan, after the master reported it missing. Considering the cost of changing the ship’s course to recover the lifeboat, compared to the cost of replacing it, it was decided to abandon it. The P&I club arranged for the lifeboat’s disposal through its correspondent in Japan.
[smlsubform prepend=”GET THE SAFETY4SEA IN YOUR INBOX!” showname=false emailtxt=”” emailholder=”Enter your email address” showsubmit=true submittxt=”Submit” jsthanks=false thankyou=”Thank you for subscribing to our mailing list”]
The owner brought a claim against the ship manager for $90,000. This sum was withheld against fees and disbursements owed to the manager, claiming that the loss of the lifeboat was caused by the manager’s negligencet.
Under the SHIPMAN 2009 management contract governing the relationship between the parties, the owner had no right to bring a claim against what was owed to the manager. The owner could not prove its claim that the ship manager had been negligent.
A report for the incident showed that it was not possible to examine the release mechanism of the lifeboat before arrangements for its disposal were made by the P&I club correspondent in Japan. The lifeboat had successfully passed its annual service and inspection six months before, and had been wire-lashed on board the vessel for more security.
ITIC advised the owner that, if the sum owed to the manager was not paid, interest would be applied, and the ship would be arrested. As a result, the owner cancelled the claims.
