The Importance of Evidence ( P&I Guidelines )

Accidents or incidents on board or involving a vessel or its officers and crew may often lead to claims being made against the vessel or the Company.

The successful handling of claims depends on evidence about the accident or incident. Collecting and preserving that evidence is an important responsibility for the vessel’s officers and crew.

The checklists appearing in this summary highlight what evidence will need to be collected and kept in various situations. As far as practicable, the evidence listed should be gathered and, in the first instance, submitted to the Company’s office or the Club in accordance with Company instructions. Since some claims may take years to resolve, it is possible that additional evidence may be required later on. In the intervening period there may be considerable changes to shipboard personnel, many of whom will be unfamiliar with the case itself. Therefore it is essential that technical and operational records are carefully maintained and preserved.

Examples of records which should be retained as a matter of routine are set out below.

Log books:

Official, deck, engine, cargo work, cargo record, oil record, movement (bell book), compass error, night order, radio, medical, hours of work/ rest, garbage record.

Rough/Scrap log books:

These may be of particular importance in defending a claim and should always be retained.

Technical records:

Inspections, surveys, repairs and maintenance of hull, main engine, auxiliaries, deck machinery, cargo spaces, cargo gear, safety equipment, coatings, planned maintenance records, class survey status reports.

Operational records:

Stability and stress calculations, draught surveys, stowage, securings/ lashings, ballasting, bunkering, soundings, cargo temperatures, ventilation, hold cleaning, cargo hold bilge pumping records, tank washing, passage plans, weather, safety meetings, voyage instructions, routing advice, messages, receipts for the disposal of sludge ashore.

Voyage Data Recorder & ECDIS information:

Voyage Data Recorder (VDR), Simplified Voyage Data Recorder (S- VDR), Electronic Chart Display and Information System (ECDIS) records.

In the event of an incident where VDR and ECDIS data may be relevant (e.g. collision, grounding, damage to property), it is very important that this information is saved in good time to avoid it being overwritten. It should then be backed-up promptly.

Print outs:

Echo sounders, course recorder, GPS, Navtex, weather fax, EGC messages, engine telegraph data logger, all dated and timed.

Official reports:

Company, Safety Management System (SMS) and legally required reports of accidents and incidents.

Notes of Protest /Letters of Protest:

The value of these vary world-wide, but it is always better to note protest than not, reserving the right to extend or note further protest. Notes of Protest may need to be notarised

in some jurisdictions and the Club correspondent will be able to advise the Master on local requirements should this be the case.

If a Letter of Protest is received which requires acknowledgement, the wording “received without prejudice and without admission of liability” or “received without prejudice and for receipt only” should be used.

Witnesses:

Details, including how and where they can be contacted after leaving the vessel, should be taken of every person who witnessed the accident or incident, including the persons involved or affected. Disciplinary action should not be taken against a witness without checking with the Company first, nor should any reward be provided to a witness in return for their evidence without prior authorisation from the Company or Club.

Statements:

These may be notes made at the time of the incident, or formal statements taken down by, for example, the Club’s appointed lawyer. Always seek advice from the local Club correspondent first.

Statements should never be made to third party claimants or their representatives without obtaining permission from the Company first.

Electronic evidence:

Every vessel should keep a digital camera or similar device readily available and fully charged at all times. Any photos taken should be the highest resolution possible. Video recordings may also be helpful. As well as taking photographs of damage and anything else of relevance, a camera may also be used to record evidence of good practice (e.g. properly stowed cargo, correctly rigged gangway/ accommodation ladder) as such photographs may assist the Club in defending claims. If the vessel is fitted with Closed Circuit Television

(CCTV) cameras, footage which may assist in determining the circumstances of the case should be retained and backed-up.

Equally, data from electronic key passes and (in the case of passenger vessels) payment systems may prove to be useful in determining the movement of crewmembers or passengers prior to an incident and should be saved for later scrutiny.

Additional evidence:

Faulty or damaged equipment, defective parts and samples of damaged or contaminated cargo should be retained, suitably marked and stored to protect against degradation, corrosion or loss.

Where practicable, the necessary records should be sent to the Company electronically by email. However, if the file sizes are too large they should be transferred to a data storage device or placed on a cloud drive, with the device or cloud link and forwarded to the Company at the earliest opportunity.

P&I Guidelines " Practical Notes for Ships' Personnel "

Published by West