Focus on GUARDCON and the Rules for the Use
The UKCluband UK War Risks hosted and participated in the London Shipping Law Centres October seminar on Piracy- BIMCOs GUARDCON and the Rules for the Use of Force, held at Thomas Millers offices on 20th October.
As well as background presentations to GUARDCON and the Rules for the Use of Force from Grant Hunter, Giles Noakes (both BIMCO) and Peter Cook (SAMI); Ruth Hosking, a barrister at Quadrant Chambers, provided an interesting analysis of GUARDCONs Clause 15 (Liabilities and Indemnities).
Ruths presentation gave consideration to how the Courts may interpret a knock-for-knock clause which excludes or exempts liability, in people related claims. Members entering into GUARDCON contracts are advised to give full and careful consideration to Clause 15 and the desired effect thereof.
John Turner provided the P&I perspective and offered an insight into the type of claims that may be covered by the Club in relation to handling of piracy related claims, particularly in respect of crew.
Some of the claims the Club has seen from piracy include injury or death of crewmembers, claims for post-traumatic stress, repatriation and substitution costs, and claims related to medical care to stabilise crew post-release.
Source & Image Credit:UK P&I Club
