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News 08 Apr, 2020 Coronavirus: A Guide For Members On Potential Legal Issues Julien Rabeux Head of Claims (Singapore) The World Health Organisation has declared the coronavirus outbreak a global emergency. Several legal issues for shipowners, operators and charterers may arise as a result of the outbreak and this article illustrates some of the most likely issues Members may face. Download PDF Duty of care towards to crew Employers owe a duty of care towards their crew. The Club has set out some recommended precautions for minimising the spread of the disease which can be found in our News Item 24 January 2020. Notice of Readiness When the notice of readiness is given, the vessel must be physically ready but also legally ready. It is common to provide for the commencement of laytime “whether in free pratique or not”. In the majority of cases such matters are irrelevant to the giving of a notice of readiness And even where there is no such express provision, if those matters are reasonably believed to be “mere formalities” and routine, notice of readiness may be given without having obtained the necessary clearances. However, where there is a known, or even perhaps just a suspected infection problem, this “mere formalities” exception to the general principle of readiness will not apply, in which case owners should ensure that they have the necessary clearances before a valid Notice can be issued. Deviation A member of crew may become ill after visiting a port affected by the outbreak. A deviation for the purpose of saving life is permissible. Many standard charters will give the owner the right to deviate in such circumstances (Gencon 1994 clause 3 and NYPE 1946 clause 16). Unless the charter states otherwise, the vessel will not be off hire if the ship has to deviate in order to save the life of an infected crew member. Charterers will also not be able to claim for the additional bunkers used. Members may be able to make a claim against the Club for the net cost to
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pi_circular West of England ·2020-04-08

Coronavirus: A Guide For Members On Potential Legal Issues

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