Philippine Legal 'Garnishment' Heightens Shipowner Concerns

By George Backwell
Monday, June 30, 2014
Safety at work: File photo

'Garnishment' is the legal term relating to the collection of a monetary judgement on behalf of a claimant from a defendant. In the Philippines, this routinely occurs before the case has concluded and is central to the UK P&I Club Members' many concerns relating to crew claims in this jurisdiction.

The International Group Personal Injury Sub-Committee's - Philippine Working Group (on which the UK P&I Club's Tony Nicholson sits), has been monitoring the prejudice caused to owners & employers for a number of years, in addition to seeking to educate all interested stakeholders about the need for an equitable solution, to this continuing problem.

The UK Club says it is acutely aware of Members' concerns in relation to various problems faced when handling Filipino crew claims, particularly if a Writ / Summons is pursued before the NLRC or NCMB. At the heart of these concerns, is the need for a fair / equitable legal system, and as importantly, changes in the system which addresses the alarmingly increase in the number of Claimant lawyers being attracted to "handle" seafarers claims, Claimant lawyers that have diverse backgrounds, and in some instances, concerning links, both directly and indirectly, with the Labor Court.



The UK Club, amongst others, have ensured these concerns are raised and dealt with at International Group level, giving consideration to the significant number of Filipino seafarers deployed across the world fleet, every year.



At the heart of the problems faced by employers, which also attracts an increasing number of Claimant lawyers to "handle" seafarers claims, or those of their next of kin, is the issue of "Garnishment", namely the enforcement of the NLRC / NCMB's decisions, notwithstanding the ability to elevate the case to the Court of Appeals and Supreme Court thereafter.


The UK Club issued a series of 3 LP Bulletins in 2009, which included an overview of "Garnishment". At that time, the International Group recognised that significant and unquantifiable damage was being caused to our Members, through Garnishment, with the likelihood that the situation would deteriorate significantly going forward.

For that reason, the IG started to closely monitor the situation, in addition to meeting with key stakeholders in Manila, on a regular basis. This is also an issue which has been communicated to various Shipowner Representative Bodies and the UK Club says it is particularly grateful for the support the IG has received from IMEC (International Maritime Employers' Council).


More information on this issue at: http://bit.ly/1nVsZhl

Source: UK P&I Club

Maritime Reporter May 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

WCI Applauds Increased USACE Funding

Today WCI applauded the leadership of Senate Appropriations Committee Chairman Thad Cochran (R-MS) and Senate Energy & Water Development (E&WD) Appropriations Subcommittee

SoCal Beach Cleanup Could Take Months

The U.S. Coast Guard captain overseeing cleanup of oil spilled from a pipeline rupture that closed two California state beaches and fouled offshore waters near

MPC Honors Crowley for Tank Vessel Safety

Crowley Maritime Corporation’s petroleum services division has once again been honored by Marathon Petroleum Company (MPC) with its annual Elite Vessel Award, which

Legal

Myanmar Finds 200 Bangladeshis in Offshore Boat

Myanmar's navy found a boat carrying more than 200 Bangladeshis, the government said on Friday, after the military chief said some migrants landing in Malaysia

Two ASC Kalmar Cranes for DP World Brisbane

Kalmar, part of Cargotec, has received an order from DP World Australia to deliver two new Kalmar automatic stacking cranes (ASCs) for its semi-automated terminal in Brisbane.

DP World Extends Title Sponsorship Until 2020

Dubai is set to remain at the epicenter of golf on The European Tour for the foreseeable future after global port operator DP World announced today that it will

Finance

US Funding for Air Emissions/Alternative Energy Projects

The U.S. Maritime Administration (MARAD) announced that up to $1.3 million in Federal funding is now available through cooperative agreements for projects supporting

WCI Applauds Increased USACE Funding

Today WCI applauded the leadership of Senate Appropriations Committee Chairman Thad Cochran (R-MS) and Senate Energy & Water Development (E&WD) Appropriations Subcommittee

Shipping Freight Rates Drop Amidst Overcapacity

Shipping freight rates on the world's busiest route, from Asia to Northern Europe, fell by the largest percentage amount since 2008, reflecting wild volatility

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Navigation Offshore Oil Pipelines Port Authority Ship Electronics Ship Repair Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1722 sec (6 req/sec)