Subject Matter Expert Appraisals
Given the relatively recent introduction and continuous development of security and safety management requirements, sound legal determinations regarding the duty of care owed by industry actors cannot always be made without the calculated professional assessment of a subject matter expert (SME).
For instance, an alleged "error in management" could in fact be a failure by the carrier to exercise due diligence to make the vessel seaworthy at the inception of the voyage and the specific timing of a failure regarding a vessel's security plan or safety management procedures (before or after the start of the voyage) can be significant.
This is compounded by the unfortunate tendency that many security and safety documents are primarily aimed at administrative compliance, therefore creating considerable difficulties in their implementation and increasing the likelihood of either a vessel or a port to be found in non-compliance with its own security or safety management system in one or more of its relevant provisions.
Due to their outstanding experience, Wavetrain’s consultants are often called upon to appraise and interpret the prima facie evidence in due diligence and claims handling scenarios, as well as more complicated legal proceedings. However, if carried out pre-emptively, SME appraisals can also act as a loss prevention measure aimed at reassuring our clients that appropriate steps are taken in order to comply with applicable industry standards and guidelines, thereby minimising costs and legal uncertainties.