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2021 IN REVIEW | Casualty investigations In association with Ince
Time to get to grips with tech solutions Tchnology is beginning to transform marine casualty investigations, as its adoption has accelerated significantly during the pandemic. Christian Dwyer, (above) Global Head of Admiralty, and Donal Keaney, (below) Senior Marine Manager, both at Ince, one of the leading international law firms in the maritime sector, highlight that although it is early days for the technology, if used properly, it can accelerate progress in investigating marine casualties The casualty claims investigation process has evolved in recent years, a process that has been accelerated by the COVID-19 pandemic. Recent advances in technology have enabled investigators to access relevant information remotely, collate and process electronic navigational evidence, which allows interested parties to form an early view on the scale of the casualty and likely legal issues to arise. Although these solutions can make investigations faster, more streamlined, accurate and time and cost-effective, at best, they are still under-used and at worst, can be poorly applied. Several technological developments in the field of casualty investigation have played a key role in this shift, specifically Voyage Data Recorders (VDRs) and the Automatic Identification System (AIS). Since the IMO adopted Resolution MSC.333(90) to revise the performance standards for VDRs to assist in investigations into casualties back in 2012, VDR data has become far more comprehensive and reliable. All ships with VDRs fitted after 1 July 2014 now have a longterm recording medium, capable of storing a minimum of 30 days of continuous electronic data. As a result, the preservation of VDR data is no longer a matter of urgency, particularly in a large-scale casualty where VDR data can evidence the actions of crew to mitigate loss following an incident, as well as prior.
REMOTE INTERVIEWS Improvements in telecommunications allow investigators to The Marine Insurer | January 2022
interview witnesses and parties involved in a casualty, remotely. Whether because of travel restrictions or cost concerns, witness can now often be interviewed remotely using video calling facilities and locally sourced internet ‘dongles’. The ability to do this is especially significant, given the recent introduction of amended rules for the preparation of witness statements, discussed later in this article. Additionally, AIS has proven to be an important tool in improving casualty claims processes. It grants access to a comprehensive data bank of global information in use worldwide that allows specialised legal and casualty teams to create accurate ‘film clips’ of incidents. This helpful data - combined with evidence provided by owners, reports produced by local correspondents, and further input from the crew gathered via email or remote interviewing is instrumental in allowing legal teams to concisely advise clients on liability and propose the best steps for further handling. The ability to analyse electronic navigational evidence in all its forms properly and efficiently is the key to providing shipping companies affected by casualty claims with the most accurate advice and guidance. This advice is of relevance to groundings; ‘wash damage’ cases; unsafe port cases; collisions and allisions, irrespective of the value of the claim. The utilisation of AIS, VDR and other advanced electronic evidence analysis systems facilitates a triage approach to the early stages of a casualty, enabling vessel owners and their advisors to make early decisions on the
