UKDC in Action : Loss Prevention
Loss Prevention: Better than Cure
Loss prevention is not only a P&I issue. It is important for Defence too.
Of course, the old saying that "prevention is better than cure" has been much used to good effect in the P&I world over recent years. Ship owners and operators appreciate that some potential P&I claims can be avoided altogether by paying greater attention to some aspects of the ship's operation.
Applying the same principle to some commercial matters can help to avoid commercial disputes - and potential Defence claims.
Check clauses
Fortunately, many Members pay much attention to the terms and conditions of their contracts.
Failing to do so may lead to an out of date or inappropriate clause being included in a contract, which greatly increases the risk of a dispute arising.
Keep up to date
Even though a Member's commercial arrangements and contractual terms may not change, a court decision may change the law, so that the effect of a particular term is changed. This means the Member's commercial position is affected.
It is important for Members to be kept up to date with court decisions that may affect their day-to-day operations. As well as dealing on a regular basis with enquiries from individual Members, the Club keeps the membership generally advised of important legal developments by issuing SOUNDINGS.