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 November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

WSC CEO Koch to Retire in 2015

Chris Koch, current president and CEO of the World Shipping Council (WSC), will retire from his position on July 31, 2015, and WSC Senior Vice-President and General Counsel,

Cecon Secures Finances to Complete Newbuild

Cecon ASA has petitioned for a debt restructuring agreement (in Norwegian: gjeldsforhandling). Certain funds managed by York Capital Management Global Advisors,

HII Board of Directors Elects Two VPs

Huntington Ingalls Industries’ (HII) board of directors has elected Kellye Walker to serve as corporate vice president and general counsel and Charles R. “Chuck” Monroe Jr.

Legal

US Shippers, West Coast Dockworkers Union Resume Contract Talks

Negotiators for shipping lines and terminal operators at 29 U.S. West Coast ports resumed contract talks with the union for dockworkers on Thursday, as cargo backups continued at the ports,

Report: Dire Conditions in Indian Shipbreaking Yards

Report by Indian research institute reveals poor enforcement of occupational health and safety provisions   The working and living conditions at the shipbreaking yards of Alang,

Italian Shipbuilder Pleads Guilty to Environmental Crimes

An Italian shipping firm based in Genoa, Italy, pleaded guilty to violating the Act to Prevent Pollution from Ships by falsifying required ships’ documents to hide

Finance

Cecon Secures Finances to Complete Newbuild

Cecon ASA has petitioned for a debt restructuring agreement (in Norwegian: gjeldsforhandling). Certain funds managed by York Capital Management Global Advisors,

Libyan State Oil Firm NOC Will Remain Independent

Libya's Tripoli-based state firm National Oil Corp (NOC) will remain independent, it said on Thursday, in an apparent attempt to reassure foreign oil buyers it will stay out of the country's conflict.

Oil Prices Retreat from Short-covering Rebound

Global crude prices fell more than $1 a barrel on Thursday, retreating from a short-covering charged rally as traders bet the market had not shaken off a six-month long rout on oversupply concerns.

P&I Clubs

Even 'Small' Vessels are Getting Bigger

The Shipowners’ Club is a mutual provider of P&I insurance that has throughout its 160 year history been dedicated to serving owners of small and specialist ships.

Danish Investors Investigating OW Bunker Collapse

A group of the largest Danish institutional investors has initiated an investigation of the collapse of ship fuel supplier OW Bunker, they said in a joint statement on Wednesday.

Mares Joins Guardian as Europe, U.S. Agent

Going from strength to strength, Guardian Maritime Ltd, producers of GUARDIAN anti-piracy barriers, has further expanded its worldwide coverage and distribution

 
 
Maritime Careers / Shipboard Positions Naval Architecture Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | 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: 0.1759 sec (6 req/sec)