Eurasian Dream Group 2: Radmil Kranda, Levan Kasradze, Jarle Jensen - PDF document

30.09.2011 ”Eurasian Dream” Group 2: Radmil Kranda, Levan Kasradze, Jarle Jensen ‐ To present ”legal issues which arose in the case” To present ”legal iss es hich arose in the case” The case: • Cargo owners / underwriters claiming for cargo damage / losses due to the fire d / l d t th fi • Claimants arguing unseaworthiness • Unseaworthiness due to ”lack of due diligence” • Claimants alternative case; fault or privity for the fire exception the fire exception • Defendant arguing too stringent rules regarding seaworthiness… 1

30.09.2011 Applicable rules: • Bill of lading contracts, either Hague or Hague ‐ Visby Rules Visby Rules • Regarding liability, no difference between the two sets of rules • Art. III; Due dilligence; seaworthiness, manning / equipment, supplies – care for the cargo • Art. IV; Neither the carrier nor the carrier shall be liable…. Legal issues: • Fire happened pre ‐ ISM (141) • However the court found that the ”Eurasian • However, the court found that the ”Eurasian Dream” ”was provided with copies of the fleet ISM procedural documentation and was subject to the same company procedures as the rest of the fleet.” ‐ and as such should be in compliance…(142) p ( ) • SOLAS minimum level of equipment found inadequate for this type of ship (four radios and two BA sets) 2

30.09.2011 Legal issues (cont.): • Unseaworthiness attributed to (not in prioritized order): order): • 1) Lack of competence of master and crew (ship specific). Formally qualified, but ignorant to particular hazards of car carriers • 2) Lack of adequate equipment (radios, BA sets) to effectively run bunkering and cargo operations to effectively run bunkering and cargo operations at the same time • 3) Lack of ship specific documentation supplied by the shipowner (ISM ‐ related) The result… 3