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People Claims exclusively handles all P&I/Defence matters relating to crew, stevedores, passengers, stowaways, refugees and third party visitors involving injury, illness, death, drug smuggling, immigration fines, loss of or damage to effects of crew/others, occupational disease and ITF disputes.
People Claims provides claims and advisory services to Members involved in the cruise and ferry sectors in addition to all Members of London Syndicates 1 and 2. When dealing with any claim involving a person, getting the right information to the right team, on time, ensures the Club can handle the incident efficiently from the start.
Every month the team highlights some of the cases they have worked on and the lessons learnt. Contact details for the People Claims Team are available here.
The International Chamber of Shipping reports that there are currently around 1.2 million seafarers actively serving on vessels in the world merchant fleet. Given the financial exposure that crew claims pose for Members; Amanda Hastings, Claims Executive for the People Claims team looks at one element of crew illness claims - work-related disease. Looking at the key contractual provisions for work-related illness under the Philippines Overseas Employment Agency Standard Employment Contract (POEA SEC), the challenges posed by contracts which fall silent on definitions of work-related illness and advice to Members on mitigating liability in these types of claim.
From 13th April 2015, the Courts and Criminal Justice Act 2015 (“the Act”) provided Defendants with the possibility of striking out a personal injury claim on the basis of fundamental dishonesty. This was a significant development in the ways open to Defendants of fighting back against fraudulent claims.
Senior Claims Executive - Victoria Brown looks at a recent case that demonstrates recognition by the courts that the owners and operators of passenger ships are not liable for norovirus outbreaks provided they implement the industry standard procedures to prevent the outbreak of illness, and take the necessary measures to manage illness and bring it under control if infection does occur.
Amid the continuing migrant crisis in the Mediterranean and the media attention this story continues to receive, it is often easy to forget that the problem of stowaways is still a very real risk for shipowners. The UK Club has recently handled several concurrent cases, with a similar modus operandi, concerning stowaways from West Africa boarding ballasted ships bound for South America, Brazil in particular. Amanda Hastings discusses.
In the latest addition of Hellas Hilights, Senior Claims Director Ernest Foster examines the changing face of people claims.