The contemporary perception of classification societies from a legal perspective

• Main Author: Okere, B. Obinna
• Published: Swansea University 2007
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.752087

The thesis focuses on classification societies in all facets of their relationships with different categories of clients. The particular clients here are the ship-owners and ship-yards with whom they contract in a private capacity; and there are the flag-states, on whose behalf they undertake certification duties, in a public capacity. These contracts have their unique features and at the same time share some similarities. Further, there are the third-parties, mostly comprising cargo-owners, who have resorted to suing class due to the limitation clauses in the contract with the ship-owners. This thesis analyses this position as well. A library-based research on court decisions and scholarly articles will be conducted for this thesis. There will be Interviews with personnel in the industry and attendance at seminars relating to the subject. The trend of the nature of the relationships with classification societies across different jurisdictions, with emphasis on England and America, will be analysed The thesis intends to arrive at some conclusion with recommendations on the direction classification societies should take, regarding the current position they find themselves in with all parties, especially third-parties up in arms against them for the alleged notion that they are owed a duty of care in the course of their operations. Resolution by way of enacting a statutory provision to govern their liability or their ability to limit it, with both sets of clients will be analysed as well as the suggestion that has been touted by a couple of maritime States that classification societies should concentrate on a particular role to dispel any notion of a conflict of interest.