Admiralty Law: The North Star Case - Essay Example

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On 1 February 2012, an oil tanker known as The North Star operated and owned by Poseidon Ltd, is grounded a mile near the port of Swansea. The tanker broke up and started leaking crude oil into the sea. …
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Admiralty Law: The North Star Case
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Download file to see previous pages The tankers’ grounding was wholly caused by Jeremy’s negligence, a pilot employed by SHA, Swansea Harbor Authority. Due to heavy seas, salvage attempts for the vessel became difficult. As a result of this, it took The Ocean Salvation crew about four days to reach the grounded tanker. At this point, more than 10,000 tonnes of crude oil had spilled into the sea. The Ocean Salvation is operated by Seamorgan Salvage Solutions Ltd. Under terms of LOF 2011, the representatives of Seamorgan Salvage Solutions agreed to salvage The North Star oil tanker on 5 February 2012. Interestingly, Seamorgan Salvage Solutions Ltd is a company that specializes in matters related to environmental protection; therefore, it could not salvage any property from the tanker – The North Star, which ultimately sinks on 15 February 2012. However, the salvage company is able to ensure that the remaining 40,000 tonnes did not escape the tanker and spill over to the sea. The residents of the port of Swansea are significantly affected by the substantial damage caused by the oil spillage. The owner of the Tawe Hotel, Osian suffers substantial damages and losses in the days following the oil spill. All the guests in his hotel cancel their holidays in February and March. The losses he suffered in terms of revenue amounted to ?50,000. A local cockle angler – Huw, suffers substantial losses following the step by the UK government to enact the Emergency Restrictions Act in 2012, which banned the harvesting and sale of cockles within the area of the oil spill. This ban lasted close to 18 months and Huw having no other alternative source of income suffered significantly. Another local resident, the owner of Fantastic Fauna Ltd – Dewi who runs boat trips to observe the harbor seals found in Swansea. Due to the oil spills, scientist observed that the seals had been permanently displaced from Swansea and had instead settled in Cardiff. Due to the oil spills and consequent closure of hotels in Swansea area such as Tawe, which was the biggest client of Swansea Suds – a company that makes soap – closes down. Aled, the owner of that company suffers substantial losses of over ?35,000 per annum. In addition, the Ocean Salvation collides with Net Gain a few days later on its way to Portsmouth. This collision is attributed to the excessive speed of the Ocean Salvation. However, the Ocean Salvation has left the UK waters, is in Brazil for another rescue operation, and has been there since 28 February 2012. Seamorgan Salvage Solutions was consequently sued by Tony and Steve, former crewmembers of the Ocean Salvation, for unpaid wages. Seamorgan Salvage Solutions fails to appear in court to contest the claim. It is subsequently ordered to compensate Tony and Steve a sum of ?10,000 each on March 1, 2012. Ocean Savior, a vessel owned and operated by Seamorgan Shipping Solutions, docks at the Swansea port on March 12, 2012. According to Gareth, Seamorgan Shipping and Seamorgan Salvage Solutions are essentially owned and operated by the same directors. Issue The grounding of the North Star in the waters a few miles away from the Swansea port lead to oil spillage into the sea that caused a substantial damage and significantly affected the lives of the locals and their businesses. From the facts discussed above, it is evident that several parties suffered due to the oil spillage that resulted from the grounding of the tanker – The North Star – owned and operated by Poseidon Ltd. The issue in this case is whether the affected parties, in this case, Osian – the owner of Tawe Hotel, Huw – a local cockler, Dewi – the owner of Fantastic Fauna Ltd, and owners of other hotels in Swansea that were closed down, should file ...Download file to see next pagesRead More
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