While operators do not plan to have incidents, the prudent will seek to apply sound pre-emptive advice to bolster the defence of any potential future claims.
The cost of safety failures, however small the frequency rate, is usually disproportionate; equally, the rewards for safe operations and practices generally accrue significant benefits. Effective near miss reporting is key.
Lawyers can become excited about who has the burden of proof and when it might pass or be discharged. Nevertheless, a convoluted interpretation can give rise to pragmatic judgements.
Incorporation of Standard Trading Conditions is an 'old chestnut', but remains critically important in supply chain operations. Don't let the 'big picture' deal blind you to such protective 'detail'.
Recent caselaw suggests that English courts will lean towards the selecting interpretations on limits of liability that favour a claimant. Unwelcome to the carrier community, so worth considering how best to describe goods on carriage documents.
There continue to be improvements in efficiency and simplification arising from the SOLAS VGM requirements. Aggregating some of these with initiatives in other aspects of the supply chain could deliver exponential advance in safety.
Implementation of Directive (EU) 2015/719 on 7 May 2017 emphasises the need for correct weight information in the freight supply chain and potentially clarifies apportionment of liability.
New international regulations implemented last July clearly defined what comprises 'gross mass' for transporting packed containers by sea and required one of two weighing processes to support documented communication between stakeholders.
When something happens, it may seem reasonable to ensure that the facts are collated and evidence retained. In international trade, understanding the differing rules is important. Without seeking to provide legal advice, what follows is an overview of the approaches in a number of jurisdictions.
In Australia, as a general rule, where there is a reasonable prospect of litigation occurring or investigations being undertaken by regulatory authorities, a business should take all necessary steps to ensure that it can meet its obligations to retain any relevant or potentially relevant documents which would be disclosable in these circumstances.
Whenever an incident occurs, it is right and reasonable for the individual or organisation concerned to consider properly the facts and evidence related to what has happened. It may not be that litigation is immediately contemplated, but that may well occur in many situations.
