Consultants and Expert Witness Services
The ISM Code - Implications Today
Once there was a time that the ISM Code was looked at as simply a code of practice that had to be followed by shipping companies. Some adopted the Code’s principles well while others merely wrote various manuals and procedures in order to “satisfy” the various administrations and obtain the certificates necessary for their ships to trade. The significance of safety management and the legal implications of not embracing the ISM Code, even today, have not been fully appreciated by many companies.
We live in a world where the shipping industry is under the microscope. Relatives of injured crew, environmentalists, insurers, flag administrations and the public all strive for answers and invariably want to see results after an incident. Some cases may end up in the criminal courts but the majority are handled as commercial or civil cases.
Regardless of the type of case however, many claimants and their lawyers now focus their attention onto finding fault with the safety management of the vessel. This can be a fault with the safety management system itself, the way it has been implemented, the way that it has been controlled, failures by those who run it, especially the DPA, or a combination of all of these. In the worst cases of a failure of ISM, those that are held responsible (ashore or afloat) can face heavy penalties including jail sentences.
It doesn’t matter if the incident was an injury, a collision, cargo damage or resulted in a failure of bridge team management, all eyes are now on the way in which the ISM Code has been used by the ship and the operating company.
Consultants
Our international team of consultants include many with wide industry experience of matters relating to safety management and the ISM Code. These persons have been involved in writing systems, auditing companies and ships for compliance as well as having been actively involved at the sharp end of ship management. It is by having this experience behind us that places ConsultISM Ltd in a position where we can offer our Clients an unrivalled platform of experience and advice in relation to determining whether or not a failure in safety management has been a factor in an incident.
Expert Witnesses 
If an amicable resolution of a claim or dispute cannot be achieved the matter becomes the subject of a court or arbitration hearing. A high level of expertise and knowledge is essential in order that the Court is able to understand fully the issues involved and in turn will assist the Court or Arbitration Panel with their final decision. ConsultISM is able to supply expert witnesses with the desired level of expertise.
Our elite team of experts have many years of experience behind them and are a valuable asset to any Counsel that wishes the evidence of a case to be closely scrutinised by looking into safety management issues. Our expert witnesses are able to explain in full detail the circumstances surrounding the incident.
Clients using our consultants and expert witnesses in ISM and safety management related cases include:
• Lawyers
• P&I Clubs
• Hull Underwriters
• Cargo Underwriters
• Ship Operators
• Charterers
• Flag Administrations
