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Administration
of your claims
In the management
of your claims, we will:
- Evaluate your
claim and provide you with an honest and straightforward appraisal
of the prospects of success.
- Determine who
is responsible for your claim. This is not always clear and if
appropriate, may require a detailed analysis of the contract
of carriage (e.g Bills of Lading, Charter Party, Airway Bill,
etc.) and jurisdiction governing the loss.
- Locate the responsible
party and their assets utilising our sophisticated database resources
and world-wide agency network.
- Establish the
responsible party's financial status to ensure they have sufficient
funds to pay your claim. For instance, are they entered with
a reputable P & I Club willing to guarantee payment of your
claim? Alternatively, can we arrange to seize other assets such
as the vessel, hull insurance or bank account as security? It
is essential that any guarantee is worded carefully to protect
you from default by the guarantor on a legal technicality!
- Ensure your
claim is properly presented with adequate supporting documents.
- Commence negotiations
with the liable party or his legal representatives and counter
the various (often spurious) legal defences.
- If an amicable
solution can not be found, we will prepare your case for litigation
and appoint and supervise specialist lawyers in the relevant
country with the most advantageous jurisdiction. This is often
not in your home country and is determined by many competing
factors, namely: the contract of carriage, the carriers' principal
place of business, the port of loading/discharge, or the country
of arrest (in rem).
- Ensure swift
payment!
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