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Latest News

Latest News

Hong Kong Seminar - Full to the Gunwales

The latest Hong Kong seminar on 18 May 2017 brought in a record crowd, with over 40 clients and 12 Brookes Bell staff attending.

Both talks were given by colleagues from our Singapore office who shared with the audience their diverse areas of expertise. First up was Donald Ross who took the audience through loss prevention and claims handling for ports and marine terminals. The audience participated enthusiastically in the ensuing Q&A section, which highlighted a need for a future talk to be given by our master mariners on safe ports and tug assistance.

After a short interval, Dave Myers gave a lively and engaging presentation on Fire Investigation - Engine Room Fires & Self-Heating Cargo. After the talk, Dave was hotly (excuse the pun) sought out by clients to answer more questions as the drinks and canapés flowed.

Thanks to all who participated in another momentous event and maybe next time we will be in an all new seminar venue as it appears we are outgrowing this one!

Brookes Bell & Elan Forensics Event Feedback and Slides

Brookes Bell would like to thank all those who attended our event twinned with Elan Forensics.

For a copy of the slides from the event, click here.

Brookes Bell would welcome any and all feedback on the event. If you would like to do so, please use the feedback form linked here.

With new appointment, Mark Ross bolsters fire investigation team

Mark brings a wealth of experience to Brookes Bell. Prior to joining the company, he worked with the London Fire Brigade for over twenty years, specialising in fire origin and cause investigations, and fire behaviour. Mark has carried out over 2,000 fire investigations, ranging from small compartment fires to multi-million pound losses, and including those of accidental and deliberate origin. He has also given expert testimony in Coroners, Magistrates and Crown Courts on numerous occasions.

He joins the business as the company continues to expand its scope and scale, increasing its operations around the globe and developing regional centres of excellence.

Dave Myers, an associate and fire investigator at Brookes Bell, said: “Fire and explosion investigation is a key part of our work at Brookes Bell. Mark Ross is a hugely respected investigator with a wealth of experience. He is therefore perfectly placed to bolster our fire investigation team as we continue to offer global expertise in the marine, energy and offshore, and industrial sectors.”

Mark comments: “Brookes Bell’s excellent reputation is well known, and I am very much looking forward to utilising the same detailed, forensic approach to fire investigation with Brookes Bell’s team as I used with the London Fire Brigade. As the breadth of inspections expands in the shipping and offshore sectors, it will be a privilege to work alongside such a wide-ranging, multi-disciplinary team.”

Mark will be based in the Group’s Sidcup office.

Claims Adjuster, Adam Whittle, reflects on some of the highlights from the superyacht industry in 2016.

Adam Whittle

Adam Whittle, Claims Adjuster at Brookes Bell Group, reflects on some of the highlights of the superyacht world in 2016.

2016 was another impressive year for the superyacht industry.  Headlines include the acquisition of Blohm & Voss by Lurssen Yachts, the delivery of 'Dilbar', the largest superyacht in the world in terms of volume, Heesen breaking the mold with the 'Galactica Super Nova'; one of the fastest superyachts in the world, and the construction of the world's largest sailing yacht, the aptly named, 'Sailing Yacht A'.

​Industry figures reported that last year, a total of 755 yachts 24m or longer were either under construction or completed, but with yards having to sign non-disclosure and confidentiality agreements, that figure will be higher.  While the Arab states and Russian billionaires may be stealing the headlines with the very big stuff, the bulk of new orders was for yachts between 90 – 150 feet; a 9% increase over last year.

2016 was also a year of firsts.  The 107m superyacht 'Ulysses', said to have been commissioned by New Zealand businessman Graeme Hart, is the first private superyacht build undertaken by Norwegian yard, Kleven.  This yacht is designed for long-range passages in the most testing of sea conditions and has oceangoing capabilities fitting of Kleven's heritage.

Ice-classed with a range of 8,500 nautical miles, 'Ulysses' has unrivalled sea-going capabilities as well as an extensive array of tenders and toys, including a 21-metre catamaran capable of 50 knots.

​The Brookes Bell Yacht Practice continues to grow and diversify. Our experts have been retained to investigate issues on several of the world’s largest superyachts including new build disputes, naval architecture consultancy, marine engineering expert witness work and project management. Brookes Bell’s multi-disciplined, in-house skill set cements our reputation as the “go-to” firm for the superyacht industry.

With our wealth of practical experience and cutting edge in-house technology, we look forward to further growing the Yacht Practice in 2017.

A copy of the article in Propeller Club LPL Leading Edge Jan 2017 is available here​

Brookes Bell's technical evidence stands up to scrutiny in landmark cargo claims case

Expert technical evidence delivered by Dr. Martin Jonas, a partner and consulting scientist at Brookes Bell, played a critical role in overturning the Volcafe Ltd and others v. CSAV case, heard in the UK’s Court of Appeal in November 2016.

The decision by the Court of Appeal has been widely welcomed by the shipping industry, which raised concerns over the ‘detrimental impact’ of the original High Court Ruling that set aside centuries of legal precedent relating to the carriage of cargo.

The case concerned the carriage of 17 non-ventilated containers of bagged coffee between Columbia and Germany in 2012. The coffee was transported by the Chilean container line, CSAV. Despite following the orders given by the shippers and lining the containers with paper in accordance with established shipping practice, a small percentage of the cargo was found to be damaged when it arrived. The cause of the damage was condensation.

When this case was taken to the High Court, the judge went against previous legal precedents and declared CSAV liable for the damage, even though the company had followed standard industry practice in lining the containers. The reason for this verdict was that CSAV could not prove that the lining was a “sound system” for preventing damage, despite its wide use in the industry. This new precedent shifted the burden of proof in cargo claims, with wide-ranging ramifications for the worldwide container industry and the broader shipping industry. Specifically, the ruling limited the right of ship owners to rely on an ‘inherent vice’ defence if cargo is discharged in a damaged condition.

Unusually for a shipping case, the case was taken to the Court of Appeal, and subsequently overturned. During the proceedings, the Court accepted expert evidence from Dr. Jonas at the court of first instance, relating to the science of condensation in the container trade, the limitations of industry guidance and the difficulties of transporting cargo without any wet damage at all.

Dr. Jonas said: “Thanks to a combination of practical and theoretical expertise, Brookes Bell was uniquely placed to deliver expert technical opinion during this case. Where the claimants were forced to rely on two expert witnesses to deal with industry practice and scientific aspects separately, Brookes Bell was able to testify on both accounts. Our evidence stood up to scrutiny in one of the highest courts of the land, and was preferred by both the original High Court judge and the Court of Appeal judges.”

Brookes Bell was involved in the case from an early stage once the incident was pursued as a claim, providing an initial opinion. As the case evolved, Brookes Bell was able to develop its role, producing expert reports and oral evidence accepted at the High Court, and subsequently the Court of Appeal. The successful grant of the appeal ensured a return to previous legal thinking, and marked a significant victory for the container shipping sector. This would not have been possible without the integrity and quality of the evidence presented by Brookes Bell.

A copy of the judgment is available at:
http://www.bailii.org/ew/cases/EWCA/Civ/2016/1103.html

Other news releases on this case at:

http://www.nepia.com/news/press-releases-and-media-area/north-pi-club-supports-members-in-overturning-detrimental-cargo-carriage-judgment/
http://www.themecogroup.co.uk/charterers-liability-insurance/wp-content/uploads/sites/2/2016/11/E-Bulletin-November-2016-Volcafe.pdf
http://www.quadrantchambers.com/news/the-court-of-appeals-decision-in-volcafe-v-csav


 

Great turnout at Hong Kong’s latest seminar on 3 November 2016

Great turnout at Hong Kong’s latest seminar on 3 November 2016

Our scientist, Tim Moss, opened the evening with the hot topic of mass GMO cargo rejections worldwide. While the idea of GMO cargo being rejected is not a new one, the ever increasing scale of the problem is alarming. In 2014, 1.5 million tonnes of maize was rejected by China alone. It is therefore not surprising that many of our clients were eager to hear Tim’s views on this problem and his suggested solutions to this issue.

No less captivating was Graham Hill’s highly visual presentation on ‘Catastrophic Container Casualties’. With 120 million containers on the move every year, it is perhaps unsurprising that a portion of these are involved in casualties and cargo claims. Graham took us on a tour of container hazards, the logistical problems encountered when managing a container ship casualty and how the General Average aspect of the casualty is approached from the surveyor’s perspective. Skuld have since advised that they have eagerly shared the talk throughout their Hong Kong office and that they found it very informative.

Nearly 40 clients attended the seminar and helped ensure that it was another lively evening. Thanks to all who were involved.

Seminar in Hong Kong on 3 Nov 2016

Our Hong Kong office is holding an evening seminar on 3 November 2016 on the following topics:

GMO Cargo Contamination - What can be done? Our scientist, Tim Moss, will discuss what a GMO cargo is, why it has recently come under scrutiny in shipping and what can be done to mitigate the issues.

Post Incident Container Inspections Our master mariner, Graham Hill, will give a presentation based on his experience of the practical difficulties encountered when inspecting containers and cargo damaged during fires, flooding, collision and container collapses.

The evening will commence at 6.30pm and drinks and canapés will be served around 8.15 pm. For more information and to reserve your place, please contact Connie Li at Connie.li@brookesbell.com.

View the invitation here.

Brookes Bell Group head to the Monaco Yacht Show

Over the past 30 years Brookes Bell Group have brought unrivalled and multi-discipline in-house skill sets to the super and mega yacht sector. We serve a client base which includes some of the most high profile owners, charterers, managers, H&M and P&I insurance organisations and the main law firms with superyacht practices. Our experience with super and mega yachts also includes new build issues, assessment of design, performance, forensic engineering and provision of innovative and practical safety solutions honed over many years from our experience in the passenger ship industry. Download our brochure to see how our multi-disciplined team of experts can help you. Click here for the brochure.

Young Maritime Professionals

Brookes Bell recently sponsored a very successful Young Maritime Professionals port visit to London Gateway, a container terminal operated by DP World. The trip provided a useful and interesting insight into port operations, as the group were given the chance to tour the port and the logistics park. If you are a YMP member and interested in attending the next port visit on the 29th September contact Amanda Hastings to book a place at ymp@shippinglbc.co.uk

Mersey Maritime F2F

Colin Kershaw, Managing Partner, spoke at Mersey Maritime in August as part of their monthly networking event Face 2 Face. He shared with the audience the journey of Brookes Bell so far and gave a light hearted view of the trials and tribulations when things go wrong in the marine and energy world. He highlighted the growth in numbers of people, geographic footprint and wide diversity of skills now offered by the Brookes Bell Group to the maritime world; all factors which contributed to Brookes Bell winning the Mersey Maritime Award for Global Reach 2015 and SME Business of the Year 2016.

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