Издание на английском языке
There are two main types of evidence: ‘factual evidence’, which is what a witness actually said or did or saw at the time of an incident and ‘opinion evidence’, which is what a witness thought about what happened.
This handbook is about collecting and preserving factual evidence, which is vital in establishing what really happened and how it did happen. It is intended to give guidance to mariners about the different types of factual evidence relevant to the more common incidents and accidents on board ships. This will help you collect and preserve the very best evidence.
Example lists of evidence for the more common incidents are included in this handbook. The lists are not exhaustive, but they provide comprehensive guidance to the nature and extent of evidence that may be required.
Contents
1. Collecting and preserving factual evidence
Factual evidence
Types of evidence
Visual evidence
Witness statements
Incident report forms
Legal privilege
Preserving evidence
2. Evidence required for most incidents
General evidence
3. Evidence for incidents involving people
People evidence
Personal injury
Personal illness
Disciplinary action
Industrial action
Stowaways
Persons in distress
Geographical diversions to save life
4. Evidence for incidents involving cargo
Defending cargo claims
Contractual responsibility
Incidents involving dry cargo
Incidents involving liquid cargo
Incidents involving containerised cargo
5. Evidence for pollution incidents caused by the vessel
Types of pollution incidents
Oil pollution
Noxious and harmful substance pollution
Sewage pollution
Garbage pollution
Air pollution
Ballast water pollution
6. Evidence for incidents caused by the vessel
Ship-related incidents
Collision
Damage to FFO
Non-contact damage
Grounding, stranding and sinking
Salvage and general average
7. Evidence for H&M incidents
H&M insurance claims
8. Evidence for commercial disputes
Commercial disputes
Newbuilding warranty disputes
Port delay disputes
Performance warranty disputes
Port and berth safety disputes
Bunker quality disputes
Bunker quantity disputes
Index