What to do when things go wrong Making the most of a cable break
You have just had a report that one of your cables has been damaged. Although you might be able to establish where the damage occurred relatively quickly, it may be much harder to establish who the perpetrator of the damage was. However, if action is taken quickly it may be possible to identify the culprit and recover some of your costs from him. This article will look at: 1) finding the culprit; 2) proving your loss and expenditure; 3) proving the culprit’s liability; 4) applying pressure with the aim of inducing a favourable settlement; and 5) your duties as the injured party.
Identify the culprit vessel
By Marianne Murfett and Charlotte Winter Construction, Energy and Transportation Dispute Resolution Group, Norton Rose
The key ingredient is speed. Immediate action must be taken on notification of the damage to identify the vessels in the vicinity at the time of the break. Unless the vessel responsible for the damage is identified quickly (within 24 hours), it will prove extremely difficult even to draw up a list of suspects, let alone pin the blame on one vessel. Cable or pipeline operators should have an emergency response system with a reporting line clearly set out so that the investigation, and any other action which needs to be taken after the incident, is not delayed. The first step in any investigation is to contact the port and harbour authorities. In areas where traffic volumes are high, the au25