Tuesday, 13 October 2015

Beware Collision Time Bars: the "SB Seaguard" Case

Most maritime countries in the world apply a two year time bar to collision claims (by virtue of some form of ratification to the Brussels Collision Conventions 1910). In other words, where a vessel collides with another, and causes damage, the Claimant must issue proceedings before the local courts within two years. If they fail to do so, they lose their right of claim completely. The time limit is relatively short, compared to the six years general contract and tort time limit in place under English law, and that of many other states. A recent case has shed further light on the pitfalls for Claimants in missing the time limit.

Captain steering tug out at sea, view of ships bridge and view through window

In the English High Court case: CDE S.A. v Sure Wind Marine Limited (SB SEAGUARD c/w ODYSSÉE), 2015, handed down in April 2015, the Claimants' catamaran yacht was at berth in Ramsgate, UK, when she was struck and damaged by an offshore tug, coming into the harbour to berth. The accident appeared to be entirely the fault of the offshore vessel, whose Master had lost control of the ship on entering the harbour.

The Claimants indicated that they would make a claim of hundreds of thousands of Euros, for repairs, but failed to take action until after the two year time bar had elapsed. When they did present their claim, the defendant's P&I Club merely responded noting that their claim was now time barred under English Law. The Claimants appointed lawyers and took their claim all the way to the High Court, making an application for the course to exercise its discretion and extend the time bar. The High Court did not agree, and dismissed the application and the case.

The judgment confirms some solid principles in respect of collision time bars. Although the court has a discretion to extend the time limit, it may only do so where there is a 'good reason'. The following arguments will not be considered a good reason; carelessness, the defendant has a poor defence, negotiations are continuing, the defendant was unaware of the time limit.

Two important reminders arise from the case, in respect of collision claims.

1. Where you have a collision claim which may not be settled within the two year period you must ensure that you have either a) an express extension or waiver of the time limit, or b) a clear admission of full liability. In the latter case the court will consider that the parties had agreed to settle the claim, subject merely to a discussion on quantum. In other words, the time bar is likely to be considered to be waived.

2. If, for any reason, the time bar is mistakenly missed, once this fact is discovered, action must be taken immediately. Specifically, the claim should be filed at court, and an application for a discretionary extension of time should be made.

2 comments:

Ais and radar 23 October 2015 at 02:14  

Yeap, it's true!

Anonymous 18 May 2022 at 18:03  

⚠️CRYPTO TRADING SCAM ALERT⚠️

❌ Crypro Trading, Forex Trading, Stock Trading and their likes are a means of making money but it’s more like gambling. There are no sure means to guarantee that a person could make profit with them and that’s why it can also be reasoned to be scam. Let’s not forget that some individuals even give you 💯 % guarantee of making profits and end up running away with your money.

❌ You might have also come across some individuals that say they will give you guarantee on successful trades but they only end up as SCAMMERS as well. You here them say stuffs like 200% guaranteed in just 2 weeks and when you go into trade with them, they start telling you to pay profits percentage before you can get your income. These are all liars please avoid them. But if you have been a victim of this guys, then you should contact FIRMWARE now‼️

The internet today is full of Recovery Scam, you see so much testimonies been shared about how a firm or Company helped them recover what they lost to this Trading, but believe it, it’s just a way to lure more people and end up scamming them.


✳️The big Question is “Can someone Recover their money lost to Binary Option and Scam⁉️
I will say yes, and will tell you how.

The only way to Recovery your money back is by hiring HACKERS to help you break into the Firms Database Security System using the information you provide them with, Extract your file and get back your money. It seems like a really impossible thing to do, I will tell you, it should be impossible, but with the use of specially designed softwares known to HACKERS and Authorities (such as The FBI, CIA e.t.c) it is possible and the only way to recover your money.

✅FIRMWARE are a group of hackers who use their hacking skill to hunt down SCAMMERS and help individuals recovery their money from Internet SCAMMERS.
We just need the contact details of the SCAMMERS and Paymnet Info and within 4-8 hours your money will be return to you.

This are services we offer-:
🟢Crypto scam money recovery
🟢lost loan money recovery
🟢money laundry recovery
🟢Device hack
🟢Bank issues
🟢Access to school/company/fellowship/organization files
🟢Lost cars tracking
🟢fraud payment
🟢Access to cheating husband/wife device
🟢extending and subtracting of stamped file concerning a giving end line period of time
🟢tracing and recovering lost emails/conversations/contacts / and accessories
ETC


✳️ You can contact us via the emails below-:
firmwarehacks@gmail.com
Firmwarehacks@gmail.com
FIRMWARE HACKERS ©️
2022 All right reserved ®️

  © Blogger template 'Isolation' by Ourblogtemplates.com 2008

Back to TOP