The Mariner's Role in Collecting Evidence Handbook

A Guide to Good Practice, Second Edition

This publication guides mariners on collecting, preserving and reporting on various types of factual evidence relevant to incidents and accidents on board ship. All evidence types are contextualised through incidents involving people, cargo, hull and machinery, commercial disputes, pollution and the ship itself. Chapters are supplemented by procedural checklists relevant to the evidence required.

This publication equips readers with the knowledge necessary to demonstrate a ship’s compliance, improve shipboard operations and determine liability when pursuing or defending a claim. Evidence checklists cover areas such as personal illness and performance warranty disputes, meaning crew are prepared for various eventualities. Detail is given on digital evidence types, explaining the practical use of electronic devices such as ECDIS and mobile phones. The publication guides readers on good reporting practice and time management, so that all evidence can be handled sensitively and without delay.

Table of Contents

1. COLLECTING AND PRESERVING FACTUAL EVIDENCE

Factual evidence
Types of evidence
Visual evidence
Witness statements
Incident report forms
Legal privilege
Preserving evidence

2. EVIDENCE REQUIRED FOR MOST INCIDENTS

General evidence

3. EVIDENCE FOR INCIDENTS INVOLVING PEOPLE

People evidence
Personal injury
Personal illness
Disciplinary action
Industrial action
Stowaways
Persons in distress
Geographical diversions to save life

4. EVIDENCE FOR INCIDENTS INVOLVING CARGO

Defending cargo claims
Contractual responsibility
Incidents involving dry cargo
Incidents involving liquid cargo
Incidents involving containerised cargo

5. EVIDENCE FOR POLLUTION INCIDENTS CAUSED BY THE VESSEL

Types of pollution incidents
Oil pollution
Noxious and harmful substance pollution
Sewage pollution
Garbage pollution
Air pollution
Ballast water pollution

6. EVIDENCE FOR INCIDENTS CAUSED BY THE VESSEL

Ship-related incidents
Collision
Damage to FFO
Non-contact damage
Grounding, stranding and sinking
Salvage and general average

7. EVIDENCE FOR H&M INCIDENTS

H&M insurance claims

8. EVIDENCE FOR COMMERCIAL DISPUTES

Commercial disputes
Newbuilding warranty disputes
Port delay disputes
Performance warranty disputes
Port and berth safety disputes
Bunker quality disputes
Bunker quantity disputes

INDEX