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Marine & Fisheries


Anson Cheung discusses the Red Sea, charterparties and the Supreme Court decision in 'The Polar'

Anson Cheung discusses the Red Sea, charterparties and the Supreme Court decision in ‘The Polar’

Anson Cheung recently co-authored an article with LCI Law titled “Red Sea calls under Charterparties following the Supreme Court decision in The Polar”. With hostilities raging in Ukraine, Russia, the Middle East and the Red Sea, shipping parties need to know what their positions are under charterparties pursuant to which ships carry cargoes between Asia and Europe. Anson Cheung of Outer Temple Chambers, David Morris, Evangelos Catsambas and Antonis Lagadianos (all of LCI Law) recently advised a shipowner on whether to heed an order to proceed through the Red Sea despite the Houthi attacks. The four shipping legal experts have now collaborated on an article titled ‘Red Sea calls under Charterparties following the Supreme Court decision in The Polar’, investigating…

External Publications 13 Feb, 2024

Robert Rhodes QC to give talk at the 10th International Conference on Maritime Law

Robert Rhodes QC will be speaking at the 10th International Conference on Maritime Law which will take place on the 20th-21st of May. The 10th International Conference on Maritime Law which will take place on the 20th-21st of May 2022, is a conference ran by the China Maritime Law Association. One of Outer Temple Chambers’ highly experienced barristers, Robert Rhodes QC, has been invited to speak at the convention along with several other distinguished speakers. He will be speaking about the Singapore Convention in Mediation. Please see the full programme attached. Find out more Robert Rhodes QC acts as counsel, arbitrator and mediator, specialising in international arbitration, commercial, financial services, regulatory and disciplinary law, civil fraud and business crime (including civil and criminal fraud, asset forfeiture, tax…

News 16 May, 2022

Oliver Powell instructed in River Thames collision resulting in £1.6m of damage

Oliver Powell, instructed by Chris Newton and Alex Penberthy of Keoghs, appeared at Southwark Crown Court in relation to an investigation by the Maritime & Coastguard Agency into breaches under s.58 and s.100 of the Merchant Shipping Act 1995 (‘MSA 1995’). Oliver appeared on behalf of London Party Boats Limited, the owner of the Jewel of London (‘the Vessel’), who pleaded guilty to unsafe operation of a ship contrary to s.100 MSA 1995. Mr Wakefield, the master of the Vessel, was separately represented and pleaded guilty to conduct endangering ships, structures or individuals contrary to s.58 MSA 1995. The case concerned the Vessel colliding with the Metropolitan Police Service Marine Unit workshop pontoon, near Wapping.  As the Vessel pulled off…

News 29 Jan, 2020

James Leonard successfully defended the Master of the Isle of Wight Red Funnell ferry

James Leonard successfully defended the Master of the Isle of Wight Red Funnell ferry in relation to charges brought by the Maritime and Coastguard Agency following a collision in September 2018, just outside Southampton Water, between his vessel, the Red Falcon and a 30 foot motor cruiser named the Phoenix. The collision risked the lives of four people on board the Phoenix but the Court was persuaded that fault for the collision lay with the helm of the Phoenix and that it was satisfied Capt Drummond had kept a proper lookout within the meaning of the International Regulations relating to Collisions at Sea and was not in breach of section 58 of the Merchant Shipping Act 1995. The Court ordered…

News 12 Dec, 2019

Ben Compton QC & Oliver Powell speak at Port Skills & Safety

Ben Compton QC and Oliver Powell were invited by Port Skills & Safety, a joint venture between UKMPG and the British Ports Association to improve safety standards in the marine industry, to speak at its workshop: “Whose choice is it anyway…?” Ben spoke on the ‘Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline’, whilst Oliver conducted a mock trial, as well as sitting on a specialist panel dealing with marine related health and safety questions. Other speakers included: Chris Newton, Partner, and Alex Penberthy, Partner, Keoghs; Mike Yarwood, Claims Executive, TT Club; Stephen Haynes, Programme Manager, Mates in Mind; and Adam Christopher, Director, Active Training Team Ltd. The unique and insightful workshop was designed…

News 23 May, 2019

Oliver Powell speaks at the Southampton Boat Show

Oliver Powell was invited by British Marine Insurance Financial and Legal Services to speak at the Southampton Boat Show. His seminar was a high level examination of the corporate offences of failure to prevent the criminal facilitation of tax evasion. In addition to a detailed analysis of the offences of failure to prevent facilitation of UK tax evasion (s.45 CFA 2017) and failure to prevent facilitation of foreign tax evasion (s.46 CFA 2017), the seminar developed a practical case study example and discussed the reasonable prevention procedures that a company should have in place in order to avoid the commission of an offence. The seminar was well attended and included, amongst others, representatives from: MS Amlin, A-Plan Insurance, Nash &…

News 26 Sep, 2018

Oliver Powell appears in significant maritime test case on VMS

Oliver Powell, instructed by Ashfords LLP, appeared for Laura D Fishing Limited, South West Trawlers Limited and two private individuals, in respect of a prosecution brought by the Devon & Severn Inshore Fisheries & Conservation Authority (‘D&SIFCA’). It was D&SIFCA’s case that the two fishing vessels concerned had dredged for scallops within areas where such fishing was prohibited, and at such times, when such fishing was prohibited. The Crown sought to prove its case by relying on vessel monitoring system (‘VMS’) evidence. It said that the jury could be sure of the alleged illegality by virtue of evidence of the position, course, speed and direction etc. of the fishing vessels, at the material times. The trial heard evidence from two…

News 12 Jul, 2018

OTC barristers appear in important fisheries case in the Falkland Islands

Oliver Powell instructed by Pinsent Masons, appeared for Golden Touza Ltd (‘the Operator’) and Paul Rogers instructed by Berbés Abogados, appeared for Alberto Vazquez Seijo (‘the Master’). Following a catch verification in Stanley in May 2017, it became apparent that the Master of the FV Hermanos Touza had furnished a return, namely a FISHEND report, that was inaccurate. It was alleged that the Master was reckless as to whether the return contained a statement that was false or misleading in a material respect, namely by stating in the return that the vessel held 82,198 kilograms of Loligo squid, when in fact the vessel held 147,108 kilograms of Loligo squid, a variance of 79%. The case involved a number of points…

News 19 Feb, 2018

Oliver Powell in Falklands Charterer fisheries investigation

Oliver Powell, instructed by Pinsent Masons, appeared for Sulivan Shipping Services Ltd (‘the Charterer’) in one of the largest fisheries investigations ever undertaken in the Falkland Islands. Oliver was retained throughout the investigation and the court proceedings, attending a number of hearings before the Court in the Falklands Island in December 2015 and by video link in 2016. Background: following a catch verification in Stanley in June 2015, it was discovered that Mr Baston (‘the Master’) of the FV Figaro had failed to declare 118,562.35kg of hake and had over declared 133,012.50kg of rock cod. The Master, Freiremar S.A. (‘the Owners’) and the Charterer were sentenced with fishing without a licence contrary to s.167 of the Fisheries (Conservation and Management)…

News 13 Jul, 2016

Tim Green in successful prosecution of metal recycling giant following a death at work

On 19 December 2014 at Warwick Crown Court European Metal Recycling Ltd (“the company”) was sentenced to a fine of £150,000 and ordered to pay £88,000 costs following a breach of s3 (2) HSWA at their Kingsbury recycling site in Warwickshire. The company were represented by John Cooper QC and Eversheds solicitors. Tim Green was instructed by the HSE in a long and complex investigation. The prosecution followed the death of a “burner” in October 2012 whilst burning scrap metal barges boats for recycling. Tim showed the court the sub-contractor should not have been approved to work for the company because of obvious weaknesses in its method statement for cutting large size scrap metal. The sentencing Judge agreed the breach…

News 5 Jan, 2015

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