Tort liability imposed on a defendant without the requirement for the plaintiff to prove intent, negligence or fault. If damage is done by the defendant or his property, the defendant is liable. Criminal offences of strict liability are those for which it is not necessary for the prosecution to establish that the accused person had a particular state of mind, e. g. knowledge or intention, at the time of the criminal act.
What, in general, must all candidates for UK certificates of competency achieve?
(1) Certain medical standards (including eyesight); (2) satisfactorily complete the minimum period of seagoing service; (3) reach the required vocational and academic standard; (4) undertake some ancillary technical training.
A UK bulk carrier on a 12-month NFD Running Agreement has been trading outside Europe for a year but is now bound for Antwerp. Under what conditions may a crew member claim his discharge?
After either one voyage has been completed or 7 days have elapsed since his employment under the Agreement commenced, the seaman may give the employer notice to terminate the Agreement as specified in its Notice Clause, either in writing or orally before a witness.
What are the current monetary sums on the Standard Scale of Fines?
Level 1: £200; Level 2: £500; Level 3; £1, 000; Level 4: £2, 500; Level 5: £5, 000.
What information must a Ballast Water Record Book contain?
At least the information specified in Appendix II of the Convention.
What kinds of inquiry may be held in the UK concerning seafarers' competence or conduct?
(1) Inquiries into the Fitness or Conduct of Officers ("Section 61 Inquiries"); and (2) Inquiries into the Fitness or Conduct of Seamen other than Officers ("Section 63 Inquiries"), so called after the relevant sections in the Merchant Shipping Act 1995.
Why is it important for the applicants to submit evidence of title to the RSS?
The persons registering the ship (who are usually a company) must show that they have clear title, i.e. the right of ownership, free of any encumbrance such as an undischarged mortgage.
When might a master have to take his ship's Official Log Book have ashore?
When visiting an MCA Marine Office or a Proper Officer for some reason, e. g. in connection with the detention of the ship, or when noting protest.
What is the MAIB, and what are its functions?
The Marine Accident Investigation Branch, an agency of the Department for Transport (DfT) headed by the Chief Inspector of Marine Accidents. It investigates accidents involving UK ships (anywhere) and other ships in UK waters, with the aim of determining what caused the accident in order to prevent it from happening again. The Chief Inspector publishes reports on accidents with recommendations and lessons to be learned.
What does a plaintiff have to prove in order to succeed in a claim for negligence?
(1) A legal duty of care; (2) a breach of this duty; and (3) the damage suffered in consequence of the breach.
What does an IOPP Certificate certify?
(1) That the ship has been surveyed in accordance with MARPOL Annex I; (2) that the survey showed that the ship's structure, equipment, systems, fittings, arrangements and materials and the conditions thereof are in all respects satisfactory and that the ship complies with MARPOL Annex I.
What guidance is available to the master of a UK ship on how rescued people should be treated?
IMO Guidelines on the Treatment of Persons Rescued at Sea (Resolution MSC. 167(78)) are included in the MCA's guidance to SOLAS regulation V/33 in the MCA 2002 SOLAS V document (on the MCA website).
Following a collision with another ship, what information should be gathered for the owners' lawyers?
The master should write a full report describing all events leading to the collision, and gather the following: deck and engine room log books, movement books and contemporaneous notes;
What is a Formal Investigation, and who can order one?
A Formal Investigation is an official inquiry into a ship's loss. The Secretary of State for Transport can order one under section 268 of the Merchant Shipping Act 1995, whether or not the MAIB has made its own inquiry. There have been Formal Investigations into many casualties including Derbyshire, Herald of Free Enterprise and Marchioness/Bowbelle.
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