Note Protest and Port of Refuge

Question 1

When would you note Protest?

Answer 1

After every case of general Average
On entering a port of refuge
After encountering Wind or Sea conditions which may have damaged cargo.
After encountering Wind or Sea conditions which caused failure to make a cancelling date.
After the ship is damaged from any cause.

• Cargo is shipped in a condition likely to deteriorate during the voyage.
• Refusal to accept Bills of lading after signing because of clausing by the Master.
• Sending vessel to an unsafe port.
• Consignee fails to discharge or take delivery of the cargo or fails to pay freight.
• Shipper refuses to pay demurrage.

Question 2

How would you note protest?

Answer 2

Note protest in front of a public Notary or the Commissioner of Oaths.

The master along with a witness, OLB, deck log and all pertaining information surrounding the case.

Always Reserve the Right to Extend.

Question 3

Why reserve right to extend?

Answer 3

Not all relevant facts may have come to light at time of noting protest.

Question 4

How soon would you note protest?

Answer 4

Within 24hrs of arriving in port.

Question 5

What is Note of Protest?

Answer 5

It’s a sworn statement by the master before a public notary, stating all the facts.

Question 6

What would be the procedure as Master on Entering a Port of Refuge?

Answer 6

Carry out a Risk assessment. (Contingency port per Passage Plan)
Brief the Crew.
Test Equipment.

Inform the Owners.
Inform Charterers -Deviation clause allows for it.
Inform the agent at the port of refuge.
Obtain Free Pratique.
Note Protest (and reserve right to extend)

Call for a Class surveyor. He would issue a Interim Cert of Class.