RECOVERIES

A wide variety of claims may arise from a casualty situation, which result in financial exposure. Losses may be minimised by pursuing a recovery action against responsible Parties.

Example: Two ships have collided. Cargo has been lost and damaged. Salvage and General Average claims are also being faced. Who can I claim against to reduce my loss?

There may be a number of recovery avenues available. Claims may arise in contract, statute or tort.

A claim may lie against the carrying vessel. The colliding vessel may have a liability. It may be possible to claim against both vessels. An unconnected third party may have contributed to the loss. But will these claims be successful?

Each avenue of recovery needs detailed consideration. Prompt action against appropriate Parties maximises prospects of achieving a successful recovery.

Whether a recovery will be successful or not will depend on the legal basis of the claim and any defences that may be available to the Parties.

Recovery action is the pursuit of claims against the Parties responsible for the loss suffered.

HOW CAN WE HELP?

• Initial Casualty Advice
  

  Prompt action

  Gather evidence early

  Enhance prospects

  
  
• Casualty Investigation
  

  What happened

  How did it happen

  Who is responsible

  
  
• Consideration of Law and Jurisdiction
  

  Applicable Conventions

  Forum choice

  Limitation issues

  
  
• Obtaining Security
  

  By agreement

  Arrest

  Attachment

  
  
• Negotiation with Opponents
  

  Causation

  Defences

  Quantum

  
  
• Settlement or Litigation
  

  Amicable settlement

  Arbitration

  Litigation

  
  

For more information or to seek our assistance CONTACT US.