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What To Do Before You Consult a Lawyer on Maritime or Shipping Matters

What To Do Before You Consult a Lawyer on Maritime or Shipping Matters

Nigeria and international context: shipowners, charterers, cargo owners, P&I Clubs, freight forwarders, insurers, and agents.

Introduction: Why preparation matters

Maritime and shipping disputes are specialized and time sensitive. They involve cross border parties, technical evidence, and forum or arbitration clauses. Good preparation reduces legal spend, accelerates remedies like interim measures or ship arrest, and strengthens your position for cargo damage, demurrage, off hire, collision, salvage, crew injury, bunker quality, or unpaid freight.

Success insight Clients who arrive with a clear timeline, indexed documents, and early surveyor reports often secure faster settlements or stronger leverage in arbitration.

Steps you can take before seeing a lawyer

  1. Define the dispute type: cargo damage, shortage, contamination, delay, demurrage, detention, off hire, collision, crew injury, salvage, or lien issues.
  2. Identify all parties: shipowners, charterers, managers, P&I Club, H&M or cargo insurers, bunker suppliers, stevedores, port agents, and regulators.
  3. Review the contracts: charterparty, booking note, bills of lading, service contracts, insurance policies, port or stevedoring agreements.
  4. Extract jurisdiction and law clauses: arbitration seat, governing law, time bars, and notice requirements.
  5. Draft a clean timeline: loading, sailing, incident, notices, surveys, correspondence, and mitigation steps.
  6. Preserve evidence urgently: sea protest, ship log extracts, photos, videos, cargo tallies, EIRs, and quality certificates.
  7. Engage a surveyor early: early condition or damage surveys avoid spoliation allegations.
  8. Quantify exposure: losses, demurrage calculations, market hire, repair costs, mitigation, and any counterclaims.
  9. Avoid self help: do not detain cargo or refuse release without legal grounds. This can trigger counterclaims.
  10. Note urgent remedies: consider interim injunctions or ship arrest for security when appropriate.
Caution Many maritime claims have short time bars. A one year limit is common for cargo claims under carriage rules. Do not delay notices and protective steps.

Evidence and documents to gather

Create a simple index and bundle to enable quick action on letters before action, interim measures, or arbitration filings.

Core contracts

  • Charterparty and riders
  • Bills of lading or waybills
  • Booking notes and service contracts
  • Insurance policies and endorsements

Operational records

  • Sea protest, deck and engine log extracts
  • Mate’s receipts, tallies, EIRs
  • NOR, SOF, time sheets, laytime statements
  • Bunker delivery notes and test results

Evidence packs

  • Surveyor reports with photos and video
  • Quality and quantity certificates
  • Weather and routing data where relevant
  • Witness details for crew or port staff

Correspondence and filings

  • Emails, letters, and messaging app exports
  • NIMASA or NPA notices and port circulars
  • Customs documents and duty records
  • Insurer and P&I communications
Checklist tip Bundle files in date order with a one page index. Use clear filenames like 2025-07-15-Survey-Report.pdf.

Common mistakes clients make

  • Missing time bars: late notices or filings can extinguish claims.
  • Wrong forum: ignoring arbitration or jurisdiction clauses wastes resources.
  • Self help detention: withholding release without grounds can lead to counterclaims.
  • Delayed surveys: evidence is lost once cargo is moved or handled.
  • Poor records: no written confirmations for key agreements weakens your case.
  • No security plan: failing to consider arrest or interim relief can leave you unsecured.
Caution If a vessel is about to sail or a charter is ending, discuss security options quickly.

Common misconceptions

  • Nigerian law must always apply when a Nigerian port is involved. Contract clauses often select foreign law or arbitration.
  • Shipowners are automatically liable for cargo damage. Defenses and liability limits may apply.
  • Regulators can adjudicate private claims. Enforcement comes from courts or arbitration.
  • Any law firm can handle shipping cases. Admiralty, security, and maritime arbitration are niche skills.

Preparing for the consultation

Bring a succinct bundle and be ready for quick action items.

What to organize

  • One page incident summary with timeline
  • Copies of contracts and key emails
  • Survey reports and photo folders
  • Loss calculations and supporting documents

Questions to ask

  • Which law and forum apply and why
  • Urgent steps: security, arrest, injunction
  • Evidence gaps and how to close them
  • Expected timelines and cost ranges
Preparation checklist
  • Incident timeline prepared and verified
  • Jurisdiction and time bar clauses extracted
  • Survey requested or completed
  • Evidence bundle indexed and named by date

Practical insights

Admiralty jurisdiction Expect urgent filings in the Federal High Court for ship arrest or interim relief when appropriate.
Arbitration ready Many charterparties select arbitration. Keep evidence in a format that is easy to export to an arbitral bundle.
Commercial realism Where relationships matter, consider early without prejudice settlement discussions alongside protective legal steps.

Frequently asked questions

Can I arrest a ship in Nigeria for unpaid freight or damages

Yes, where your claim qualifies under admiralty rules, you can apply to arrest a ship as security while the dispute proceeds in court or arbitration.

What if my charterparty says London arbitration but the ship is in Lagos

You may seek arrest in Lagos for security while the merits proceed in London. Timing and tactics are important.

How quickly should I involve a maritime lawyer

Immediately. Early notices, surveys, and security applications are often decisive.

Can regulators resolve my private cargo dispute

Regulators oversee compliance but do not adjudicate private liabilities. Enforceable outcomes come from courts or arbitration.

Are P&I Clubs relevant to my claim

Yes. P&I Clubs often coordinate defense and settlement for shipowners, and your lawyer may engage them early.

Final thoughts

Preparation is your advantage in maritime matters. A precise timeline, early surveys, and a complete evidence bundle allow your lawyer to secure assets, comply with time bars, and negotiate from strength.

Caution

This article is for informational purposes only and does not constitute legal advice. You should consult a qualified lawyer for advice specific to your situation.