Seaworthy Magazine - April 2011
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Imperial War Museums. Retrieved 4 January Oxford Dictionary of National Biography. Oxford: Oxford University Press. Retrieved 4 November Archived from the original on 25 July Retrieved 7 August A Source book of 20C Warships. The Independent. Retrieved 15 August Retrieved 16 August Hansard — vol cc UK Parliament.
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Retrieved 27 August London SE1. Retrieved 8 July Evening Standard. Archived from the original on 6 April Lloyd's Register Group. Archived from the original on 16 July London Evening Standard. Archived from the original on 16 November Retrieved 22 October Irish Times. Press Association. Retrieved 27 September Retrieved 28 September Times Educational Supplement. April Archived from the original on 2 October Retrieved 1 August Archived from the original on 12 May Archived from the original PDF on Marine Society and Sea Cadets.
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Retrieved 25 March HMS Belfast C35 category. Town-class cruisers. Birmingham Glasgow Newcastle Sheffield Southampton. Gloucester Liverpool Manchester. Belfast Edinburgh. Shipwrecks and maritime incidents in November Reuter 29 Nov: U Museums and galleries in London.
Defective passage plan rendered vessel unseaworthy
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Best of Beer Awards. Best Beer Destinations Around Seattle. Beer Awards. The obligation to exercise due diligence only concerned things done by the Owners in their capacity as carrier, and not by the crew in preparing the passage plan, which was a matter of navigation.
It was recognised that a well-documented SMS is an important tool for defending claims based on unseaworthiness. However, it is not sufficient for an Owner to demonstrate that it has itself exercised due diligence. The non-delegable nature of due diligence means that it must be shown that the servants and agents relied upon by the Owner to make the Vessel seaworthy at the beginning of the voyage must also have exercised due diligence.
Significantly, the case breaks new ground and sets a new bar for seaworthiness in finding that a defective passage plan will, of itself, render a vessel unseaworthy if a prudent owner would not have sent the vessel to sea with the relevant defect. It also provides a useful reminder of the non-delegable duty of due diligence. In particular, the decision highlights that even if an owner has in place good SMS practices, the non-delegable duty of due diligence will override it and will not absolve the owner of liability if a crewmember nevertheless fails to follow it or is negligent in its application prior to commencement of the voyage.
Contact Ms Henniker-Major on the same number or by emailing s ophiehenniker-major incegdlaw. Skip to primary navigation Skip to main content Skip to primary sidebar Defective passage plan rendered vessel unseaworthy.