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Ebola outbreak

Ebola

guidance

Edward Hicks and Jasmin Sandhu, from law irm Hill Dickinson discuss some of the legal

implications that have arisen from the Ebola virus outbreak

A

number of shipping organisations, including the As to a charterer’s obligations under a time charter,

International Chamber of Shipping, International where there is supervening unsafety, i.e. a port is affected
Maritime Employers’ Council and International after the charterers have nominated it, they will be bound to

Transport Workers’ Federation, have issued guidance on the risks re-nominate.
associated with vessels calling at countries affected by the Liabilities for delays arising out of the outbreak will

current Ebola virus outbreak.
depend on the relevant facts and the charterparty wording.
The advice warns of a ship owner’s duty of care and the Potential relevant causes of delay, which may even amount to

importance of crew safety. Recommendations include: the force majeure, may include refusals to grant free pratique,

Master ensuring crew are aware of the risks of the virus and how refusal of pilots to board vessels arriving from affected areas,
to reduce the risk of exposure; giving careful consideration to the placing of vessels under quarantine, port closures, or the

granting any shore leave while in impacted ports; and, adhering to refusal of members of the crew to visit affected ports. The
ISPS standards in order to control the problem of stowaways. charterers have a duty to pay hire continuously throughout

Owners/operators should also avoid making crew changes in the the charter period, unless they can prove, on the terms of
ports of affected countries.
their charterparty, that an exception applies.

There are also legal issues that need to be considered, some The World Health Organization (WHO) has issued
of which follow.
statements regarding the outbreak to advise travellers of the

symptoms, risks, prevention, and treatment of the Ebola In particular, all parties may wish to review the terms of their
disease. It has also published recommendations for insurance policies (including P&I cover if applicable) to

precautions that owners can take to protect their vessel and understand what duties they are under and for what losses they

crew, the adoption of which may also lead to delays. These may be protected. They should be aware that in some cases local
include the declaration of sick crew members and authorities may interpret contracts in accordance with local,

passengers, a declaration of health for arriving vessels, and rather than English, law.
documentation of measures taken onboard in order to Time charters often contain express or implied safe port

reduce the risk of exposure.
warranties, which will continue to apply despite the Master’s duty
to follow a charterer’s lawful orders. Under English law the safety Employers have a duty of care under individual contracts

of a port is assessed at the point of nomination. At that time, for a of employment and owners may also encounter difficulties
port to be considered safe, the vessel must be able to reach it, use and delays if crew members refuse to visit affected ports or

it, and return from it. If the vessel is exposed to danger (unless an ports in affected countries.
abnormal occurrence), that danger must be capable of being As there is no immediate prospect of the outbreak

avoided by good navigation and seamanship.
coming to an end, it is advisable to take steps now to

English law has traditionally focused on the physical safety of minimise exposure to potential risks, including drafting
the vessel and her cargo rather than the health of her crew. appropriate Charterparty and/or Bill of Lading clauses. Most

However, the question here would be whether, for a port to be importantly, it is essential to keep up to date with warnings
unsafe, it is enough if there is a risk to the crew but no physical and guidance issued by port authorities, national and

risk to the vessel. Whether the port is legally unsafe, and whether international authorities, and industry leaders, so that
a Master can refuse to enter a port affected by Ebola, will depend protective measures are implemented in a timely and

on the terms of the negotiated charterparty.
consistent manner. u

Issue 62 2014
24 The SHIP Supplier