The Maritime Advocate-Issue 653



1. A Shift Towards Contract Law in Tortious Remoteness of Damages
2. UK Government Consults on Clandestine Entry
3. Driverless Trucks
4. Brexit and Insurance Entities which have Passported into
or out of the UK
5. Brexit and Shipping
6. People and Places


FOB Network News

The current count of Members is 3852.

The papers given at the recent London Shipping Law Centre’s
Conference on Demystifying Salvage can be read by joining the Salvage

FOB Network is a kind of facebook for the maritime classes.
It is designed for use by people who are very often quite shy of opining
in wide open internet platforms. The exchanges are polite, moderated
and untainted by boorish online presences. Only registered members can
see what goes on in the groups and we have yet to request anyone to
moderate their tone.


Registration for FOB is gratis for individuals. Businesses
can take out a page for a small supporting contribution and we welcome
firms prepared to sponsor Group pages or advertise with us. This helps
to keep FOB a going concern and puts a smile on the face of our programmers
and accountants..

FOB is a project designed to adapt the new ways of using the internet
for the sorts of people who read The Maritime Advocate.

You are welcome to join


Job Vacancy in London

General Manager/ The Sustainable Shipping Initiative Ltd.

The Sustainable Shipping Initiative (‘SSI’) is an ambitious
coalition of shipping leaders from around the world that is taking practical
steps to tackle some of the sector’s greatest opportunities and
challenges. With corporate members from across the shipping supply chain
and two NGO’s, the ultimate goal is to show that collaborative
action can drive progress to a sound sustainable industry as set out
in the SSI Vision 2040.

The General Manager is a new role reporting directly to the Chair/board
and will be responsible for the day to day running of the SSI. With
a sound knowledge of the shipping industry and a strong interest in
sustainability and environmental issues, the General Manager will be
implementing strategy, building the brand of the SSI as a practical
and progressive voice of the industry and growing the organisation as
well as managing a small team. Providing support and resources for members
and able to represent the SSI in media and events and with a salary
of £43,000 p.a. this is an exciting opportunity to lead an industry

A role description is available here:-

Applicants must be eligible to work in the UK. International travel
will be required.

To apply please send your CV and covering letter detailing how you
meet to job specification to the SSI at:-

Any questions about this opportunity can be emailed to:-

Closing date for applications: Monday 14th March 2016

Interviews will take place from Tuesday 29th March 2016


1. A Shift Towards Contract Law in Tortious Remoteness of Damages

Sarah Longden over at Stone Chambers has passed us this note by Andrew
Dinsmore on the decision in Wellesley v Withers [2015] EWCA Civ 1146,
which held that where a cause of action lies concurrently in contract
and tort, the contractual remoteness test applies.


2. UK Government Consults on Clandestine Entry

Sam Perez of transport and freight law specialists Pysdens writes:-

The UK Government has decided to review the clandestine entry civil
penalty regime with a proposal to strengthen it as there have been no
amendments to it for ten years and it is felt that it may need modernisation
owing to developments in vehicle security and clandestine methods of

The duration of the consultation will be six weeks which is relatively
short and is to be targeted primarily at the haulage and transportation
of goods sectors as well as regulators and law enforcement bodies. All
responses to the consultation must be in by Monday 18 April 2016. The
provision of an impact statement has been delayed and will be developed
prior to
the revised codes being laid before Parliament which is of concern.
As the Government has pointed out, the current scheme has been in use
for ten years in its current form and therefore the impact statement
should be capable of being provided to assist in the consultation.

The main concerns are the increase in cases of clandestine entry and
the cost of returning economic migrants to their home countries which
is said to cost thousands of pounds per migrant and costs of schools,
hospital care and loss to cargo owners. The National Audit Office estimated
the cost of a failed asylum seeker at between £3000 and £25,000
per adult. It
is estimated that around 40,000 clandestine entry attempts were prevented
last year at controls in Calais, Coquelles and Dunquerque but how much
was collected in fines and did this cover the cost of management of
the regime and repatriation costs of economic migrants? How much was
lost by carriers defending themselves and losing the use of their vehicle
for a substantial period of time? Figures are given for food disposed
of per month this summer estimated at £2 million. The high proportion
of foreign registered vehicles is highlighted at 1.9 million out of
a total of 2.2 million leaving the UK for mainland Europe in 2014. It
is also pointed out that 14% of this traffic is UK registered yet 7%
of the penalties issued between
March 2013 and April 2014 were against UK hauliers. It does appear that
the statistical information is somewhat targeted and without rounded
statistical information it is difficult to consider if the proposal
of any change to the regime is merited or not. Consultees need to be
able to respond from an informed position.

Read his paper in full here:-


3. Driverless Trucks

From Transport News Brief the e-zine of the Society of Motor Manufacturers
and Traders comes this update on where we are in the quest to replace
the knights of the road with robots:-


4. Brexit and Insurance Entities which have Passported into or out
of the UK

So far, the big battalions in finance and industry have featured large
in declaiming their adherence to the qualities and characteristics of
remaining in the EC. In this paper, hfw’s William Reddie, writing in
the firm’s Insurance Bulletin thinks it is not too soon for insurance
people to be asking what ifs.


5. Brexit and Shipping

Paul Herring of Ince & Co has sent in his firm’s thoughts on a
topic which is very much in the foreground of daily life in these islands:-

Following the victory of the Conservative Party in last May’s
general election, British Prime Minister David Cameron promised a referendum
on the UK’s membership of the EU by the end of 2017. After negotiations
between the UK and the other 27 EU Member States, a package of measures
and reforms were recently agreed, and the Prime Minister has announced
that a Referendum on EU membership will take place on Thursday, 23 June
2016. One issue that has already provoked much public debate between
those supporting and opposing a British exit (“Brexit”) is
whether the package of measures and reforms negotiated by Mr Cameron
is legally binding: that is a political hot topic and one on which we
not intend to comment, but we at Ince & Co have been thinking about
how Brexit might affect our own clients’ businesses from a practical
point of view.

The EU is made up of 28 Member States and some of the world’s
largest container and passenger ports are situated in its territory
including Rotterdam, Hamburg, Antwerp, and Piraeus. Four of the world’s
five largest shipping companies are
based in the EU. According to a recent Parliamentary Briefing, the EU
is the UK’s largest trading partner, accounting for around 45%
of exports, and 53% of imports, of goods and services. Over three million
jobs in the UK are linked, directly
or indirectly, to exports to the EU. European Union law, in the form
of Treaties, Regulations and Directives, affects a wide number of commercial
issues including trade, environmental regulation, international trade
sanctions, competition law, employment, tax, immigration and infrastructure

Read the paper in full here:-


6. People and Places

Zäl Rustom has been appointed the Managing Director of Braemar
Howells The company writes that Zäl brings a wealth of experience
in incident response and has worked in the international Oil and Gas
and Transport sectors for 30 years. Zäl will assume full management
responsibility for Braemar Howells on joining.

After nearly 30 years of service as Managing Director, Simon Rickaby
has decided to step back from day to day executive duties. He has, however,
agreed to become non-executive Chairman of Braemar Howells.


The Baltic Exchange has confirmed that it is in confidential discussions
with selected third parties regarding its future strategy and ownership.
Singapore Exchange revealed on Friday that it is in preliminary talks
with the Baltic.

Baltic Chairman Guy Campbell said: “At this stage, no formal offer
has been received, but when considering any approach the Board will
first carefully consider the views and interests of all its stakeholders.
Should we receive an offer, we will only recommend an offer that meets
not only the interests of shareholders, but also the interests of ordinary
Baltic members, index panel members, the users of Baltic Exchange freight
market information and the principals and brokers who trade in the FFA

The Baltic has appointed Nomura International PLC and Norton Rose Fulbright
LLP as advisers.

[Source: London Matters]


Frank Newman, Managing Director, FedEx Services, has been appointed
to the International Air Cargo Association (TIACA) Board of Directors.Newman
has over 35 years’ experience in the aviation industry, including
senior roles with McDonnell Douglas and FedEx. Newman takes over from
Sarah Prosser, Managing Director – Legal Counsel at FedEx, who
is stepping down after six years on the Board.


From the Avo Archive

The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.

As might be expected there are numerous references to the EC to be
found in the Archive. Editor Chris Hewer writing in Issue 3 of this
zine on 4th May 2001 strikes a distinctly eurosceptical note in this

EC as you go

THE FEMAS meeting also dispelled any remaining doubt that the European
Community is staffed by fanatics. These are people who have an agenda
but don’t have doubts. They have time, they just need events to let
them move forward and
spread the pure doctrine. In a speech in which she three times used
the phrase, "Thanks to the Erika", Alessandra Zampieri, a
functionary with the European Commission since she left university not
long ago, told the assembled surveyors
and the cream of Genoa’s maritime community that a staff of 55 people
would be needed to run the proposed European Maritime Safety Agency
(EMSA). She should know. She wrote the proposal and set the objectives.
Why fifty-five? "Because we know how many people things need,"
she said. Why EMSA? "Because we had the proposal before, and thanks
to the Erika we were able to bring it forward."

Likewise all the other post-Erika measures, things which had nothing
to do with the Erika, but which could be advanced on the back of the
political furore around that oil spill. No criticisms accepted, or even
acknowledged. No doubts, no debate.

Worried? You should be. If you want to know what further changes the
EC will be proposing for shipping, e-mail Alessandra. She has just written,
from her position of informed experience, the commission’s communication
on seafarer
recruitment and training.


Important Call

Ever wonder how the trend of replacing human customer service representatives
with computers could affect the military. Here’s the result. Picture
troops under fire, desperately needing artillery support, making a phone
call and hearing the following:-

Thank you for calling the 26th Division’s automated artillery support
request line. Please be assured that we will attempt to assist you with
all available resources in the shortest time possible. For air support,
please call the U.S. Air Force at 1-800-BOMBNOW. [If you are a member
of the enemy country army, we will not be able to assist you. Please
contact your own army’s artillery support request line at 1-800-DIEYANK]

If you are attacking a fixed enemy position, please press 1. If you
are engaged in mobile defense, please press 2. If you are defending
a fixed position, please press 3. If you are setting up a hasty defense
or are about to be overrun, please press 4. If you wish to cancel a
prior fire mission request, please press 5. Press the star key at any
time to return to the main menu.

Please select the type of fire mission you would like. If you would
like 81 mm. mortars, please press 1. If you would like 105 mm. howitzers,
please press 2. If you would like advanced munitions, such as fuel-oil
explosives or scattering mines, please press 3 to speak with one of
our soldier advocates. If you would like to request the use of chemical
or nuclear weapons, please press 4 and hold the line. The Secretary
of Defense will speak with you as soon as possible.

Enter the map coordinates of the target you would like to strike, followed
by the pound sign. Please remember to verify your coordinates and remember
that your request may take several minutes to process. [Beep-beep-beep-beep-beep-beep-beep]
You have entered co-ordinates 323451. If this is correct, please press

Thank you. Please enter your battalion pass-code, followed by the pound
sign. As soon as we verify your pass-code, we will begin processing
your request. If you have forgotten your pass-code, please contact 1-800-WE-FUBAR
to get a temporary pass-code. Please enter your passcode now. [Beep-beep-beep-beep-beep]

Thank you. [Pause] Your pass-code has been verified and your request
will be processed. We strongly suggest that you and your comrades take
cover as soon as possible. Thank you for using the 26th Division’s artillery
request support line.

[Source: Paul Dixon’s Joke of the Day Zine]


More Classic Resume Statements

"Personal: I’m married with 9 children. I don’t require prescription

"I am extremely loyal to my present firm, so please don’t let
them know of my immediate availability."

"Qualifications: I am a man filled with passion and integrity,
and I can act on short notice. I’m a class act and do not come cheap."

"Note: Please don’t misconstrue my 14 jobs as ‘job-hopping’. I
have never quit a job."

"Number of dependents: 40."

"Marital Status: Often. Children: Various."

"Here are my qualifications for you to overlook."


"Responsibility makes me nervous."

"They insisted that all employees get to work by 8:45 every morning.
Couldn’t work under those conditions."


"While I am open to the initial nature of an assignment, I am
decidedly disposed that it be so oriented as to at least partially incorporate
the experience enjoyed heretofore and that it be configured so as to
ultimately lead to the application of more rarefied facets of financial
management as the major sphere of responsibility."

"I was proud to win the Gregg Typting Award."

"My goal is to be a meteorologist. Since I have no training in
meteorology, I suppose I should try stock brokerage."

"I procrastinate – especially when the task is unpleasant."


"Minor allergies to house cats and Mongolian sheep."


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