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Tanker mooring: the trouble with tails7 July 2021 • 09:00-09:45 BST

Part ofTanker Shipping & TradeWebinar Week5-8 July 2021

#tankershippingPresentation documents:Page 2: Ian MacLean, Hill Dickinson LLPPage 10: Howard Flegg, Marine Accident Investigation Branch (MAIB)

Mooring Tail Failures

Legal Implications

Ian MacLean LL.M MBA

Partner / Master Mariner

Overview

• Litigation risk

• Duty of care / exercise of due diligence

• Investigations

• Likely claims

• Presenting the claim / preparing for the defence

• Required documents

• Time is of the essence.

Investigations

• MAIB – No blame

• HSE - Hybrid

• HSE - s.20 interview (not admissible in proceedings)

• Coroner – Investigation for inquest

• Prosecution - Police

• Prosecution - MCA

• Flag

• P&I – Defending / advancing claims

• Loss of hire

The Likely Claims

• Personal injury

• Physical damage to shore infrastructure

• Loss of use of shore infrastructure

• Pollution

• Cargo claims

• Salvage and GA

• Liability of vessel under the C/P

• Liability of charterer under the C/P.

Presenting the claim under a C/P

• “Charterers shall be discharged and released from all

liability in respect of any charges/claim (other than

demurrage) including, but not limited to:

• Detention, deviation, shifting, heating, deadfreight, speed

up, slow down, port costs. Additional freight, insurance,

World scale charges/dues; unless such charges/claims

has been received in writing by Charterers with all

available supporting documents within 90 (ninety) days

from completion of discharge of the cargo carried under

this charter…

What documents must be presented?

• SMS requirements – tails & winches, inspection and use

• Proof of competency

• Certificates / original supply

• Inspection of tails and records of use

• Contemporaneous documentation

• VDR / electronic records

• Class reports, damage reports invoices etc

• Self drafted statements / consulting expert reports.

Time is of the essence

• Instruction and attendance of consulting expert(s)

• SMS review

• Preparation of initial list

• Documents will need to be sourced from vessel

• AIS / passage plan / other evidence

• Berth survey – suitable for vessel?

• Review / transcribe VDR

• First review of documents and follow-up

• Helping lawyers is not a day job.

Howard Flegg

Inspector of Marine Accidents

Marine Accident Investigation Branch (MAIB)

Tanker Shipping & Trade Webinar

7 July 2021

Tanker mooring: The trouble

with tails

Comparison of tail and mooring line elongation

Release of stored energy in tail after mooring line failure

Influence of tail length on amount of stored energy in mooring arrangement

Complex mooring deck design produces complex snapback trajectories

Procurement, inspection and maintenance of tails and mooring lines

The role of the UK Marine Accident Investigation Branch (MAIB)

(www.gov.uk/maib)