Newsdesk
The UKDC will co-host a seminar to be held on Thursday 27th October, 2011 at the Mina A'Salam Hotel Madinat Jumeirah, Dubai. Peter Harris of the UKDC will speak on the subject of Bunkers:an overview of quantity and quality claims. The seminar will run from 14:00-18:00hrs and will be followed by a cocktail reception in the hotel's Shimmers Beach Lounge.
The UKDC hosted a well attended seminar in Singapore on 28th September. Speakers included David Cotterell of OCIMF and Paul Sessions (Senior Claims Director, Thomas Miller Defence) who both spoke about the concept of "Virtual Arrival". Kenneth Lie (Director of Thomas Miller (SEA) Pte Ltd) gave a presentation about the FD&D issues that can arise from the carriage of nickel ore.
UKDC Anti-bribery policy
As a mutual insurer for ship operators we set great store by fairness between Members and probity when dealing on their behalf. In support of our commitment to maintaining the highest possible standards of business practice we hold a 'zero-tolerance' stance towards bribery. Bribery is illegal and as such has no place in our organisation.
The UK Bribery Act 2010 came into force on the 1st July, 2011. The Bribery Act reforms the criminal law to provide a new, modern and comprehensive scheme of bribery offences that will enable courts and prosecutors to respond more effectively to bribery at home or abroad.
Although the Act is from the UK, its implications can affect all our people, wherever in the world they are based.
In the UK “bribery” is used to describe a dishonest payment in money or in kind and “corruption” is used to describe the type of relationship brought about by bribery.
The principal offences under the Act are:
- two general offences covering the offering, promising or giving of a bribe (active bribery) and the requesting, agreeing to receive or accepting of a bribe (passive bribery);
- a discrete offence of bribing a foreign public official in order to obtain or retain business or an advantage in the conduct of business;
- an offence which can be committed by commercial organisations which fail to prevent bribery committed on their behalf;
Our Policy
Thomas Miller, are committed to our zero-tolerance regime in relation to any form of bribery and corruption. The Thomas Miller Group Anti-Bribery Policy for all its subsidiaries and managed businesses is set out below. Please take the time to read this policy carefully.
Thomas Miller Group Anti-Bribery Policy
The Bribery Act 2010 came into effect on 1st July, 2011 and has a worldwide impact upon the conduct of our businesses.
The Board of Thomas Miller Holdings Ltd is committed to zero-tolerance in relation to any form of Bribery and Corruption.
To achieve this objective Thomas Miller and all its associated businesses will work to identify and eliminate any form of bribery through a risk assessment process and ongoing monitoring and review.
All employees are prohibited from soliciting, arranging or accepting bribes intended for the business and or employee’s benefit or that of the employee’s family, associates or acquaintances.
This Policy extends to all the Group's business dealings and transactions in all countries, whether on its own behalf or on behalf of any business managed or operated, wholly or in part, by any Group company.
This Policy is given force in a detailed anti-bribery programme which will be regularly revised to capture changes in law, reputation demands and changes in the business.
Through the ‘Whistle Blowing Policy’ employees are encouraged to report any suspicion of bribery, safe in the knowledge that they are able to raise concerns and report violations in confidence and without risk of reprisal.
Preventing and reporting bribery
All management staff working on behalf of the Defence Club have a responsibility to prevent, detect and report bribery. We provide appropriate guidance to our staff in fulfilling this duty.
We expect similar standards from all suppliers, service providers and other third parties who act on behalf of the Defence Club.
Should you hold any suspicion of bribery or attempted bribery committed by or against an employee, agent or other party acting on behalf of the Defence Club, it must be reported immediately to the Compliance Officer of the Defence Club Managers, Thomas Miller.
The Compliance Officer is Kieran Halpenny Tel +44 20 7204 2547 or Email.
Interpreting the policy
If there is any doubt as to whether an action might constitute bribery the matter should be referred to the Compliance Officer for a decision.
Following the recent Board meeting in June Mr Michael Pateras succeeded Mr Panos Laskaridis as Chairman of the UKDC. Mr Laskaridis had come to the end of his three year tenure as Chairman however he remains on the Board. Mr Laskaridis thanked the Members, the Board and the Managers for their support and commented,
"We have all seen a lot in the past three years and although the business environment has changed, the fundamentals of the Association remain a constant. In this regard I extend my best wishes to my successor, Mr Michael Pateras. The years ahead will undoubtedly be filled with challenges, however, I am confident that the Association will meet these without difficulty and will continue to be a cornerstone of Members' operations for many, many years ahead."
The UKDC has today issued a Soundings Bulletin addressing some of the charterparty issues arising as a consequence of the Japanese earthquake and tsunami.
At their meeting on 4th November, 2010 the Board of the UKDC decided that there should be a 2.5% General Increase for the coming policy year. A copy of the Associations's circular can be found under Publications.
The UK Defence Club held a successful seminar and cocktail reception at the Conrad Hotel in Singapore on 28th September for its regional Members and their brokers.
Coming just after the Formula 1 race the weekend before, the seminar attracted over 50 participants together with overseas visitors from Thomas Miller including John Morris (Chairman of Thomas Miller Asia-Pacific) from Hong Kong, Daniel Evans (Club Manager, Thomas Miller Defence) and Paul Pelling (Senior Underwriting Director), Paul Sessions (UKDC Senior Claims Director) and Andrew Ward (Director Thomas Miller War Risks) who all travelled from London, and Motohiro Sugiura (the UK P&I Club’s representative) from Japan. Also present was Capt David Wright (one of the UK P&I Club’s ship inspectors) who is based in Singapore on a rotational basis with the other Club Inspectors.
The seminar covered topical subjects of interest to the Club’s Members in the region. Paul Sessions spoke about shipbuilding disputes in particular on the recent Court of Appeal decision in the case of the RAINY SKY, a case in which the UK Defence Club has supported the buyer Member and which is under appeal to the Supreme Court. Andrew Ward discussed a number of piracy related issues and Kenneth Lie (Director of Thomas Miller South East Asia) from Singapore outlined recent developments in Singapore Law.
A cocktail reception was held in the hotel’s atmospheric poolside rooms after the seminar that saw discussion of the various aspects of the presentations and regional developments until late in the evening. A raffle was also held which was won by Ms Li Jing of NOL.
28/9/10 UKDC seminar in Singapore
On 28th September from 1630 - 1830hrs, the UKDC will host a seminar at the Conrad Hotel, Singapore. The seminar will cover several topical issues - newbuilding contracts including refund guarantees, highlighting the recent Court of Appeal case of the Rainy Sky; recent developments in Singapore Law and the experience of the UK War Risks Club in relation to Somali ship piracy cases.
5/10/10 UKDC seminar in Piraeus
On 5th October from 1630 - 1830hrs, the UKDC will host a seminar at the Galaxy Room, Athens Hilton. The seminar will look at issues arising in different arbitration centres including London, New York and Singapore. Presentations will be given by UKDC, the president of the LMAA, Mr John Tsatsas, and Jim Textor of CCKV&T in New York.
New underwriter for Thomas Miller’s Greece team
Thomas Miller has appointed Mark Matthews to reinforce its underwriting team serving the Greek memberships of the UK P&I and UK Defence Clubs, with effect from 20th September.
Mark will join Senior Underwriting Director Paul Collier working with the Clubs’ claims staff in London and Piraeus. He has over 25 years’ experience in maritime insurance broking and underwriting in the P&I club sector.
Thomas Miller has a team of 26 claims handlers and underwriters supporting Greek Members of the UK Club and the UK Defence Club, located in London and Piraeus.
UKDC Seminar in Hamburg 20th May, 2010
Over 70 members of the local shipping community attended a recent seminar at the Atlantic Hotel in Hamburg hosted by the Managers of the UK Defence Club and UK P&I Club. A team from the Managers, joined by Julian Clark from Holman Fenwick Willan, enacted a role play to illustrate some of the charterparty issues that can arise when a ship is ordered to transit the Gulf Of Aden. The fictitious panamax bulk carrier the ATLANTIC was ordered to proceed on a voyage from Romania to China via the Gulf of Aden. The cast of characters explored the legal issues arising from this order and the rights of both owner and charterer. The role play then moved on to deal with the owner having agreed to undertake the voyage on a without prejudice basis and the charterer remitting hire into an escrow account. Matters did not rest there however as nearing the end of the fixture the charterer gave an approximate "wp" 30 day re-delivery notice which he subsequently revised intending to send the ship on a final voyage. After some discussion about the impact of the decision of the Court of Appeal in the ZENOVIA, the owner took the decision to terminate the charter as he was committed to a subsequent fixture.
Unable to reach an amicable solution to their dispute, arbitrators were appointed by the owner and the charterer however they agreed to put the arbitration on hold whilst they attempted to mediate. The role play then moved to the mediation where the parties discussed whether it was possible to find an appropriate compromise.
The owner of the ship was played very convincingly by Paul Kaye, with German market underwriter, Jason Riley, embracing the role of the charterer. Alison McClure, undertook the role as the owner's claims handler, with Philip Clacy, the owner's London solicitor. Tarja Saikkonen played the role of the charterer's London solicitor and Julian Clark, (an accredited CEDR mediator), played the role of mediator. Susanne Murphy as narrator ensured that the story flowed.
At the conclusion of the role play Andrew Ward of Thomas Miller War Risks outlined to the audience key issues affecting the industry when viewed from the perspective of a war risk underwriter.
The evening concluded with a drinks reception and the raffling of two of the props used during the seminar - congratulations to Rainer Lochbaum of Rudolf A Oetker who won the pirate and a bottle of his favourite beverage and also to Jan van Bocksen of ER Schiffahrt who won the pirate's parrot.
Bob Crawford calls time on his work
for Thomas Miller mutuals
Airports Limited (1986-1993). He was awarded a CBE in 1990 for services to Scottish aviation.
Bob was appointed a director of the UK Defence Club in 1976 and served as Chairman from 1987 to 1990. He was a Director of the UK P&I Club from 1980 to 1994 and Chairman from 1983 to 1990. He contributed to the formation of Jurinflot and chaired the Russian maritime legal organisation during its ownership by the London group of P&I clubs.
He became a Director of the UK War Risks Club in 1980 and Chairman two years later, a role discharged continuously for 28 years. His watch took in two Gulf wars and the Falklands conflict. Between 1987 and 1990, therefore, Bob Crawford was Chairman of three Thomas Miller-managed clubs.
He has lately been concerned with Somali piracy issues. Last year, he took a cruise through the Gulf of Aden which meant following the Somali "corridor."
Hugo Wynn-Williams maintained that the breadth and extent of Bob’s involvement in marine mutuals was almost certainly unmatched, having attended 286 board meetings across the three clubs. He had worked with Bob on a number of international cases and had greatly benefitted from his advice.
Bob Crawford has some broad comments on marine mutuals.
"During my chairmanship of the UK Club, we did not face the same regulatory and financial issues which confront today’s P&I boards. I was particularly keen to stimulate real contributions from such an international and culturally diverse set of directors. This could be quite a challenge with 30 people of 15 nationalities who, between them, ran a substantial part of the world maritime fleet. However, participation certainly improved. "The Defence Club was characterised by thoroughgoing debate and discussion over claims, enhanced by the extensive personal knowledge and experience of the owner and senior executive members of the board. They have also had to deal increasingly with EU regulatory requirements.
"In my 30 years on the board, the UK War Risks Club has enjoyed a relatively smooth ride with few heavy claims, costs kept in check and returns of call. This occurred in the context of exceptional growth from 70 entered vessels at the outset to well over 800 today. I anticipate that the incidence of piracy well off the Somali coast will increase, given the sophisticated nature of some operations. We need strong sanctions from the United Nations if we are to deal properly with piracy.
"The mutual concept is something that merchant fleets should be pleased exists. Clubs face a difficult battle with the commercial market in providing an insurance product. Having dealt with the P&I clubs since I was at Ince & Co, I have found a high standard of competence and a massive emphasis on personal service."
Outside marine matters, Bob once owned three cattle breeding farms in Scotland and still shoots. His first wife Rita, a Latvian whom he married in 1947, died a few years ago. He remarried earlier this year.
As a Director of Thomas Miller-managed mutuals, 86-year-old Bob Crawford has decided to call it a day, having notched up 78 years of service spread across three clubs. He has just retired as Chairman of the UK War Risks Club and as a Director of the UK Defence Club after meetings on April 14th and 15th. He is a former Chairman of the UK Defence and UK P&I Club boards and, from 1987 to 1990, presided over all three organisations.
He was presented with a sterling silver quaich, made in Glasgow in 1937 at Trinity House, London on April 14th, at a reception attended by directors and managers with whom he had worked and associates in shipping, transportation and related services. The presentation was made by Hugo Wynn-Williams, Chairman of Thomas Miller.
Bob Crawford was born on 20 March 1924 and brought up in north east Scotland, where he attended Robert Gordon’s College, Aberdeen. He was in the RAF from 1942-47, qualifying as a navigator and serving in South Africa and Germany.
After demobilisation, he became articled to Lewin Gregory Torr & Durnford in London, qualifying as a solicitor in 1950. He worked briefly for Thorold Brodie & Mason in Westminster before moving to Ince & Co to specialise in shipping and marine insurance work. He remained there for 22 years, becoming a partner and playing a major role in the growth of Ince’s business.
He was heavily involved with major Greek, Turkish and Asian ship owners and with leading personalities in international shipping, including Aristotle Onassis, C Y Tung and Boris Vlasov. His high profile cases included the Seawise University, formerly the Queen Elizabeth, destroyed by fire in Hong Kong; and the seizure of the Onassis whaling fleet by the Peruvian government.
In 1974, Bob was persuaded by Boris Vlasov to leave Ince and become, initially, Group Managing Director of Shipping Industrial Holdings Ltd on Vlasov’s takeover of the large shipping conglomerate. The role included the chairmanship of Silver Line Ltd, its principal ship owning company. Shortly after, Bob became President of the Vlasov group worldwide, based in Monte Carlo. He retired from active participation in 1983 but chaired the Silver Line pension fund until 18 months ago.
He held board and other appointments with Lloyds Register of Shipping (1982-2004) and was a trustee of their pension fund until 2008. Other board appointments have included the Civil Aviation Authority (1984-1993), the Port of London Authority (1985-1992) and Highlands and Islands