How can lawyers assist when ships run aground?

James Mackenzie of Shepstone & Wylie, Cape Town offers his perspective THERE HAVE been recent major shipping casualties along our coast, the most prominent involving the Cape Africa, which developed structural problems and was towed into False Bay, and more recently the BBC China, which ran aground on the Kwazulu-Natal South Coast. Shepstone & Wylie acted for the owners and P&I underwriters of both vessels, and we often get asked exactly what we do to assist our clients in these casualties. The answer is that there is not only a huge amount of law involved, but owners are often foreign and require practical assistance on the ground in South Africa. Typically we are required to: l Liaise with SAMSA which handles the casualty on behalf of the government, and which exercises wide powers under pollution legislation, the Wreck and Salvage Act, and the Merchant Shipping Act (“MSA”), in terms of which SAMSA may convene a Marine Enquiry where owners and crew will require assistance. l Advise on the potential limits of liability under the oil pollution legislation and in terms of the MSA. Liaise with other government departments involved, such as the DEA&T which has powers over the marine environment, of which owners will need to be aware. l Assist owners in concluding salvage, wreck removal or towage contracts and then liaising with the contractor on a regular basis in order to monitor operations on behalf of the owner. l Assist the owner to declare General Average, which means they will be looking for a proportionate financial contribution from all other parties involved in the maritime adventure. As lawyers we advise owners on the declaration of GA and assist in the collection of appropriate GA security. l Assist the owner in dealing with Hull & Machinery Underwriters. Act as the coordinator between other experts which the owner appoints to assist with the casualty. These include marine engineers, salvage experts, cargo surveyors, marine pollution experts and ship repairers, depending on the nature of the problem. l Advise the owner on a variety of claims from cargo, charterers and salvors. l Assist owners, usually in conjunction with foreign lawyers and other experts, to investigate the casualty to prepare for handling these claims in subsequent litigation, which includes interviewing crew members and collecting relevant evidence. l Assist owners in establishing security for the claims to prevent the arrest of the vessel. These are generally very time- consuming and difficult cases to deal with, but ultimately very satisfying when the outcome is successful AND THE PENGUINS ARE SWIMMING OIL FREE!