Ferryways NV v Associated British Ports – QBD (Com Ct) (Teare J) – 14 February 2008
Agency – Undisclosed principal – Contract of employment – Ship operator entering into crew management agreement – Crew management company entering into contract of employment as “Employer” with crew member – Whether crew management company entered into contract of employment as agent for ship operator – Crew member killed by tugmaster vehicle at cargo terminal while engaged in cargo operations – Terminal operator providing services on basis of stevedoring contract – P&I Club paying death benefit and repatriation expenses – Ship operator suing terminal operator for breach of stevedoring contract – Whether ship operator suffered loss – Whether terminal operator entitled to rely on exclusion and limitation clauses in stevedoring contract – Unfair Contract Terms Act 1977
On 26 October 2005 Oleksiy Prutskoy (“the deceased”), the Ukrainian chief officer of the vessel Humber Way, was killed during cargo operations at Immingham, a port operated by the defendant. The deceased was hit by a tugmaster vehicle driven by an employee of a sub-contractor of the defendant. The claimant was the demise charterer of the Humber Way . Sums were paid by the vessel’s P & I Club in respect of the deceased’s death and of the cost of repatriating his body. The sums were paid on the basis that the claimant was the employer of the deceased.
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Michael Daiches, Barrister
Feb 29 2008
