ConsultISM Ltd. provides expertise and consultancy in maritime safety and operational risk management – primarily providing technical advice to lawyers and their clients in legal claims, prosecutions and disputes around the world.
Established in 2005 ConsultISM has been appointed as Expert Witnesses or Consultants in nearly 150 maritime casualty incidents in numerous different jurisdictions. Sometimes the appointments are made by legal teams defending Ship Operators and / or their staff against claims, prosecutions or disputes; sometimes by claimants and prosecutors bringing actions against Ship Operators and / or their staff.
Drawing upon the vast experience gained whilst investigating and advising on nearly 150 maritime accidents ConsultISM can also provide a wide range of services to the maritime and marine insurance industries as well as Governmental and Intergovernmental organisations – and others involved in maritime operations – specifically with regard to accident prevention and management of operational risk.
Dr. Phil Anderson is the founder of ConsultISM Ltd. and principal consultant and Expert Witness. He brings nearly 50 years’ experience of working in the maritime industry and related sectors – with a special emphasis on the management of safety, operational risk and human factors in maritime accidents.
Additional Consultants with a wide range of relevant experience and specialisations are available to provide support to Dr Anderson as necessary and appropriate.
ConsultISM Core Business
The categories of legal cases in which ConsultISM has been appointed include contractual claims and disputes, civil actions / tortuous liability claims and criminal prosecutions. The following are typical of the types of legal cases in which ConsultISM has provided advice and has provided Expert Evidence since 2005:
- Groundings and standings
- Cargo loss and damage
- General Average and Salvage incidents
- Charterparty disputes – including delays – off-hire disputes – questions regarding seaworthiness
- Personal injuries
- Port State Control detentions
- Disputes with H&M Insurers with regard to cover
- Disputes with P&I Insurers with regard to cover
- Disputes between Ship Owners and Ship Managers under a Ship Management Contract
Whatever the nature of the incident – a claimant or prosecuting authority will frequently allege that the Ship Operator failed to exercise due diligence to make the vessel seaworthy or failed to exercise adequate care and attention and that those failures were causative of the loss or damage suffered. Invariably those failures by the Ship Operator can be traced back to compliance with mandatory rules and regulations and the way in which the Ship Operator managed safety and operational risk. That in turn will focus on the way in which the Ship Operator had developed, implemented and had been monitoring its Safety Management System as required by the ISM Code.
The specialist expertise of ConsultISM is in investigating maritime incidents and analysing the evidence which will – in due course – be presented to a Court, Formal Inquiry or Arbitration Tribunal. The investigation goes beyond understanding and explaining ‘what’ happened but concentrates on ‘why’ the accident or incident happened – and specifically on human factors and why the Safety Management System might not have prevented the incident on that particular occasion.
ConsultISM adheres strictly with the fundamental requirement of advice provided by an Expert Witness and gives honest, impartial advice based upon the available evidence with the view in mind that the Expert Opinion will be to assist and guide the Court in its deliberations.
Research and Consultancy
ConsultISM has been involved in research and consultancy on a wide range of subjects relevant to our areas of specialisation – i.e. maritime safety, operational risk management and the ISM Code. Since 2005 ConsultISM has been commissioned by the following organisations to undertake research and / or provided consultancy:
- The United Nations (UN)
- The International Maritime Organisation (IMO)
- The Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC)
- The European Union / European Commission
- The European Bank
- The United Kingdom – Maritime and Coastguard Agency
Please contact us to discuss your requirements and to consider how we might help your organisation.
Education and Training
ConsultISM has provided education and training in the area of maritime safety, operational risk management and human factors in maritime accidents to Universities, Maritime Colleges as well as Ship Operators and their staff – on-board and ashore – around the world. The wide range of practical experience derived from having been involved in nearly 150 different legal cases puts ConsultISM in a unique position to pass on lessons learned in order to prevent repeats of mistakes of others and thus reduce considerably the probability of accidents occurring within your Company.
Please contact us to discuss your requirements and consider how we might assist your organisation.