- Update for customers affected by MSC Daniela incident 4/4/17
- General average declared
- Limitation fund constituted in English court
MSC Daniela – Voyage FD711W
With regret for the continuing inconvenience to MSC Customers, MSC provides the following update in relation to this incident involving MSC Daniela.
- Following complete discharge of the vessel at Colombo, Sri Lanka sound cargo was on-carried to destination, and fire-damaged and water-damaged cargo was inspected and on-carried where possible. Where it was not possible to on-carry cargo, cargo remnants are being sold as distressed cargo. Where of no value, cargo remnants are being disposed of locally.
- MSC Customers who have suffered loss or damage by reason of water damage have already been advised to present their claims to the General Average Adjusters, Richards Hogg Lindley (“RHL”), claiming their losses as “General Average sacrifice”. RHL’s contact details are at the bottom of this Notice and they are able to advise on the procedure to be followed in order to claim in General Average.
- MSC does not consider that it has any liability for the losses caused by misdeclared dangerous cargo on board this vessel. However, in response to requests for security for any legal liability which MSC may have for fire-damaged cargo and for water-damaged cargo (to the extent not recoverable in General Average), MSC has now constituted a Limitation Fund in the English Courts (pursuant to the 1996 Protocol to the 1976 Tonnage Limitation Convention) for a principal value of approximately USD 87.2 Million. The English Court will shortly be ordering the date in 2018 by which any claimant must file his claim against this Fund in order to benefit from security for any potential claim. The six firms of English lawyers and claims recovery agents listed below (in alphabetical order) have advised MSC that collectively they are representing more than 50% of all cargoes on board the vessel and they will be able to provide advice to any other MSC Customers requiring assistance in filing claims in the English Limitation proceedings.
- If Customers require any additional advice on these matters they should contact their local MSC Agent.
Contact details for General Average Adjusters
Parties based in Europe or Africa:
Info-liverpool@rhl-ct.com
Richards Hogg Lindley
4th Floor, Royal Liver Building
Liverpool L3 1JH
United Kingdom
T: +44 (0)151 227 2175
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Parties based in all other areas:
Singapore.ga@rhl-ct.com
Richards Hogg Lindley
140 Cecil Street
#15-00 PIL Building
069540 Singapore
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Contact details for English lawyers and claims recovery agents
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Name of Firm representing Defendant Interests |
Lead Contact (s) |
1 |
Clyde & Co LLP
The St Botolph Building
138 Houndsditch
London EC3A 7AR
|
Jai Sharma
Head of Cargo Casualty
Direct Dial: +44 20 7876 5457
Mobile: +44 7771 611 681 Jai.Sharma@clydeco.com
|
2 |
Dolphin Maritime & Aviation Services Ltd
Dolphin House
12 Beaumont Gate
Radlett
WD7 7AR
|
Matt Robinson
Tel: + 44 (0)20 8954 8800
Fax: + 44 (0)20 8954 8844
Email: matt@dolphin-maritime.com
|
3 |
Kennedys Marine
25 Fenchurch Avenue
London
EC3M 5AD
|
John Langley
Senior Associate (Senior Marine Manager)
T: +44 20 7667 9868
John.Langley@kennedyslaw.com
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4 |
Roose + Partners
40 Gracechurch Street
London
EC3V 0BT
|
Email: joanna.waterfall@rooselaw.co.uk
Direct line: 00 44 (0) 203 440 3526
Mobile: 00 44 (0) 7972 078 024
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5 |
WE Cox Claims Group Ltd
140 Fenchurch Street,
London, EC3M 6BL
United Kingdom
|
Agapi Terzi
Email: aterzi@w-e-cox.co.uk
DDI: +44 (0)20 38599059
Tel: +44 207 488 2580
Fax: +44 (0)20 3 859 9063
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6 |
WK Webster & Co Ltd
Webster House
207 Longlands Road
Sidcup
Kent
DA15 7JH
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Nigel Palmour Case Handler Cargo Casualty Management
Direct +44 (0)20 8269 7625
Mobile +44 (0)7720 740195
Email npalmour@wkwebster.com
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