The Specialised Law of Yachting Recently I attended a seminar in London on ‘Yacht and Yachting Law’ that was run by Filippo Lorenzon Director of the Institute of Maritime Law for the University of Southampton. The seminar heralded the launch of the first edition with the same name, a beautifully bound text, that covers ‘the whole nine yards’ and while…
Thank you for the kind introduction it’s a pleasure to be here today. One of the hardest things in business is to step back and take a critical look at whether there are adequate systems in place to protect your hard work. Your business may have a good turn over and appear profitable, but as time passes new laws are…
In 2006, The International Maritime Organization (IMO) embarked on its 4th major journey into shaping international maritime law, via the introduction of the Maritime Labor Convention (MLC). Alongside its sister-agency, The International Labor Organization, the IMO brought about the MLC to internationally recognize seafarers basic rights whilst at work. This new convention, already ratified in over 50 countries has a…
Boat Brokers have a special relationship to buyers and sellers coupled with onerous ‘fiduciary duties’ that can be breached in various ways leading to financial headaches, however these costly mistakes may be avoided. There are three main relationships a broker can have to a buyer or seller: The first being where the broker is an agent for the buyer or…
When I was an apprentice shipwright, one of the old-hats around the slipway was always spouting gems of wisdom. From him, I heard thatthe only people who make any money out of boats, are brokers. This is not entirely true. Since changing careers I’ve found that lawyers do alright of ‘boats’ as well. Nevertheless, brokers have a special relationship to…
Recently I attended a seminar in London on ‘Yacht and Yachting Law’ that was run by Filippo Lorenzon Director of the Institute of Maritime Law for the University of Southampton. The seminar heralded the launch of the first edition with the same name, a beautifully bound text, that covers ‘the whole nine yards’ and while having an English/Euro Law focus…
Prior to the explosion of social media, it could be argued that marine business was seldom exposed to a legal claim for defamation. But with the ease and access that every person has to this incredibly broad form of communication policing what is said has become and extremely difficult leaving business even more exposed. In essence the tension from a…
It was a devastating blow to all involved at Mullen & Wing shipyard when a fire gutted the largest construction hall, destroying the 50 metre Star Fish that was two-and-a-half years into her three-year build worth in excess of NZ$50 million. But imagine if this was your dream-build and after the event you learn you weren’t covered by insurance. While…
It’s the ONLY thing,’ said the Water Rat solemnly, as he leant forward for his stroke. `Believe me, my young friend, there is NOTHING–absolute nothing–half so much worth doing as simply messing about in boats. (Kenneth Grahame 1859-1932) The romantic notion that Grahame conjures up in his novel ‘Wind In The Willows’ often forms the basis of the decision making…
Significant changes to the Work Health and Safety Act have changed the seascape for all of us in the marine business. With many organisations running courses on these changes, the changes are complex enough to have resulted in making a visit to your lawyer one of the things you have put on your to-do-list for 2012. Hopefully, this article while…