Fill in the gaps with the following words: general average, accord, breached, salvaged, liable, designated, compliance, entries, implemented, unseaworthy
The vessel was carrying a cargo of ferrosilicon from Iceland to England when it ran aground off Swona Island. The ensuing investigation revealed that the master had a bridge watch routine that did not accord with the Standards of Training, Certification and Watchkeeping Convention. In particular, a lookout during navigation in darkness was not always used.
Around two months before the grounding, it had been pointed out in a port state control inspection carried out in the Netherlands that the master’s bridge watch arrangement did not with the convention. As a result, the owners’ designated person ashore instructed the master to ensure with the applicable rules and regulations, both by issuing a non-conformity note and by giving oral instructions to the master. Irrespective of this, the master continued the same watch system and made false in the deck logbook to make it appear as if a separate lookout were being used when it was dark.
In the early morning of January 2, 2007, the duty officer fell asleep and for about 45 minutes the vessel continued sailing without any lookout. A strong current brought the vessel off its track and onto rocks off Swona Island.
The vessel and cargo were , but both suffered significant damage. The owners declared , but the cargo interests refused to pay their contribution. The cargo interests filed suit at the Oslo District Court holding the owners for the cargo damage, on the grounds that the ship was .
Court decision
On June 6 2009 the Oslo District Court gave judgment in favour of the cargo interests. The court held that the owners - as represented by the vessel’s designated person ashore, who was also technical inspector and a part of the owners’ management team - had negligently their duties under the International Safety Management Code.