Marine and Fisheries law
The leading chambers in maritime regulatory work, 3PB’s Marine and Fisheries team has unrivalled knowledge and experience in this specialist area, both prosecuting and defending.
The 3PB team prides itself on its authoritative and pragmatic approach. It appreciates the commercial realities attached to regulatory litigation involving business and commerce. We recognise the sensitivities that can be required during an investigation by the MCA, MMO or an IFCA. We also readily acknowledge that prompt and proper advice at an early stage is critical. It is for that reason that the Team makes a point of being available to advise and assist clients at a moments notice, 24/7, with one barrister even interrupting his honeymoon to attend upon the Master of a tug at the request of the owners, Svitzer!
The team has experience of the following:
- Advising owners, operators, Masters and seaman on marine collisions (pursuant to section 58 & 100
- Merchant Shipping Act 1985 and the International Regulations for Preventing Collisions at Sea 1972
- Advising owners, operators, Masters and seaman about MCA investigations and prosecutions (covering pollution, breaches of the Merchant Shipping Act 1995 and attendant subsidiary regulations and when appropriate, health and safety legislation)
- Advising owners, Masters and seaman in respect of MMO prosecutions and notices issued under the Marine and Coastal Access Act 2009
- Advising owners, charterers, Masters and other deck officers on MAIB investigations, including the declaration taking process part of the investigation, submission and review of MAIB reports
- Advising companies and Masters on the Sea Fish (Conservation) Act 1967, Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 and breaches of the European Common Fisheries Policy
- Breaches of harbour by-laws
- Fishing quota and licenses
- ISM Code application and compliance including advice on auditing and breaches
- Jurisdiction
- Piracy
- Restraint and confiscation under POCA 2002
- SOLAS and MARPOL : application and breaches, including relevant provisions pursuant to UNCLOS
- Wreck and salvage.
The team are accustomed to dealing with global clients and blue chip law firms. They are prepared to travel both nationally and internationally to undertake work and advise clients.
Our Public and Regulatory Barristers...
King's Counsel
Junior Counsel
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3PB crime and regulatory barrister David Richards prosecuted the first ever case of charges against the owner of an ocean rowing boat. SC, the owner of the Toby Wallace, recruited 6 novices to row the Atlantic in January/February 2016. With barely any training they set off. Tragically, on day 16 of the voyage one of the crew members MJ was washed overboard and lost at sea. When the case was referred to David Richards, pictured...
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Tom Horder (pictured here), who heads 3PB's crime team and is a member of chambers' 55-strong team of public and regulatory barristers, represented the MCA (Maritime and Coastguard Agency) in the prosecution of Svitzer Marine Ltd that resulted in Svitzer being fined £2m and ordered to pay costs of £136,000. The prosecution arose out of the tragic death of the Chief Engineer onboard the Liverpool based tug The Millgarth. The MCA’s subsequent investigation focused on...
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3PB's crime, regulatory and maritime barrister David Richards - pictured here - led by Christine Agnew KC, secured convictions against Michael Lawrence (skipper) and Michael Howley (owner) arising from a collision between the rib driven by Mr Lawrence and the Netley North West marker in Southampton Water on 22 August 2020. The firm Seadogz, owned by Mr Howley ran a rib experience ride for high thrills excursions on Southampton Water. On 22 August 2020 when...
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David Richards (pictured here), Head of 3PB Marine Group, together with Andrew Oliver, Marine Lawyer from Hull, are the Consultant Editors for volume 51 Halsbury’s Laws: Fisheries and Aquaculture 2022. The volume covers in great detail regulation of fishing and the environment at sea, inshore and in fresh water. It contains a detailed review of statute and subordinate legislation including Sea Fisheries Act 1968, Fisheries Act 1981, Merchant Shipping Act 1995, Marine and Coastal Access...
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Two of 3PB’s public and regulatory barristers, Sunyana Sharma and Dr Tagbo Ilozue, have published a review of Fisheries Act 2020 for legal publishers LexisNexis. To read an excerpt of the note from these two marine and fisheries law experts, please click here. If you wish to ask about the article, or to instruct them on a fisheries matter, please contact their clerk Gemma Faulkner on [email protected] or by calling him on 020 7583 8055....
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David Richards, Head of 3PB’s Marine Group, successfully prosecuted David Marr for failing to keep a proper lookout as master of the fishing vessel Vertrouwen, as a result of which three men, out for a night’s recreational fishing off the coast of Sussex, were killed. The incident happened just after midnight on 6 August 2017. Following a five-day retrial Mr Marr was convicted unanimously by the jury at Brighton Crown Court. He was sentenced to...
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In July 2013, barrister Sunyana Sharma started a whole new area of regulatory and disciplinary law when she took up a secondment as a Nursing and Midwifery Council (NMC) case presenter. For six months, she presented NMC cases up and down the country. The birth of her daughter in 2016 brought fresh challenges in returning to private practice and doing a three-week trial in Manchester at the Medical Practitioners Tribunal Service when still breastfeeding and...
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3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...
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David Richards and Dr Tagbo Ilozue discuss the implications for those in the maritime sector following the Covid-19 pandemic. The 60-minute webinar can be watched below and was originally broadcast on 2 July 2020.
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David Richards, head of the marine group at 3PB and pupil barrister Dr Tagbo Ilozue have reviewed national and international maritime responses to the Covid 19 crisis, looking in particular at the UK regulatory framework that may be used to police responses to the coronavirus beyond the current lockdown. The two maritime barristers and co-authors suggest that shipowners and employers of seafarers are best advised to take account of the special features of coronavirus and...
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3PB Barrister Sunyana Sharma secures a conviction and sentence for the Maritime Coastguard Agency against the Master, Daniel Wakefield and the Company, London Party Boats Ltd following a collision of the vessel ‘Jewel of London’, a passenger class V vessel on the River Thames. On 13 December 2018 the ‘Jewel of London’ collided with the Marine Policing Unit pontoon in Wapping when the Master of the vessel fell asleep at the wheel after passengers had...
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David Richards, head of 3PB’s maritime team, hosted a seminar exploring the implications of Brexit for the UK fisheries industry. Together with Andrew Oliver of Andrew Jackson and Co. they discussed future regulation following Brexit with representatives of the industry from across England and Wales and from both fishers, POs and regulators. Following presentations and a round table discussion the meeting concluded that areas of most concern looking forward are: Whether the Great repeal Bill...
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