Bow Wave Issue 604–Riots Edition

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Contents in this issue:

1. Welcome
2. Summer Riots in England Prompt a Certain Introspection
3. Riot Damages Act
4. Book Review
5. HMRC in a Tonnage Tax Rethink?
6. And Finally…

Broadly Boats News

Broadly Risks

Firetrench Directory

1. Welcome

Poem of the Week

Oh the gallant Fishers life

Oh the gallant Fishers life,
It is the best of any,
‘Tis full of pleasure, void of strife,
And ’tis belov’d of many:
Other joyes
are but toyes,
only this
lawful is,
for our skill
breeds no ill,
but content and pleasure.

In a morning up we rise,
Ere Aurora’s peeping,
Drink a cup to wash our eyes,
Leave the sluggard sleeping:
Then we go
to and fro,
with our knacks
at our backs,
to such streams
as the Thames,
if we have the leasure.

When we pleas to walk abroad
For our recreation,
In the fields is our abode,
Full of delectation.
Where in a brook
with a book,
or a Lake,
fish we take;
there we sit,
for a bit,
till we fish intangle.

Izaak Walton, from The Compleat Angler.


New Readers this week include:-

Eyal Kimel in Jerusalem
Underwriter Paul Borner Ducane of Chartis Insurance in Philadelphia
Reporter Girija Shettar of IHS/Fairplay
Loss Control Engineer Jan Rietberg of Chartis Insurance in Rotterdam
Damian Mustard of Navigators P&I in London


FOB Update

Our most visited page by a country mile is the People Page, where a
slight resemblance to another well known social networking site is
apparent. Each person to register without supplying a photograph
receives a message from us encouraging them to do so. It is always
interesting to see how many rather senior networkers we welcome each week.

Newcomers to the site can always practise posting and commenting
by visiting the groups given over to books, videos or satire.
Fobbed Off and Pickled Gherkins are the more light hearted Groups.

Many interesting people are joining fob. To name a few:-

Dean of Canadian Freight Forwarding Chris Gillespie
Software man James Cole
Risk manager Neale Rodrigues
Naval architect Daria Cabai
Canadian marine insurance broker Rob Duggan
Danish marine lawyer Michael Villadsen
Logistics specialist Edward Evans
Marine insurance broker Peter.Boucher
Shipping regulatory expert Pierre Woinin


Registration is gratis for individuals. Businesses can take out a
page for a small supporting contribution and we welcome firms
prepared to sponsor Group pages or advertise with us. This helps
to keep FOB a going concern and puts a smile on the face of our
programmers and accountants..

FOB is a project designed to adapt the new ways of using the
internet for the sorts of people who read Bow Wave.

You are welcome to join


Note from the Editor

An exciting week past here in the UK full of civil unrest and
perhaps the dawning of the realisation that all is not so
rosey in the garden of England. The graphic below is courtesy
of Paul Vidler of Crown Salvage, dealers in damaged cargo.



2. Summer Riots in England Prompt a Certain Introspection

The astounding outbreak of civil disorder in the streets of
London and other English cities has prompted an outpouring
of writings about what has gone wrong in what is ordinarily
a rather civil and peacable society. One of the best pieces
which appeared in the Telegraph by Peter Oborne suggests
there is a certain rottenness in the echelons, high and low.
We are inclined to agree. Greed, materialism and a want of
simple human kindness have played formative parts in recent
decades in the diminution of the society. Here is the piece:-

One of the targets of the firesetters was a Sony Distribution
Warehouse in Enfield. This building contained the stock of many
small independent record producers. Here, courtesy of the IFW
is an account of the blaze there:-

BBC Pictures:-


3. Riot Damages Act

In the UK when twelve or more people gather together and
riot, damages are payable out of public (police) funds under
the Riot (Damages) Act of 1886. Here is a primer from the
Asociation of British Insurers:-


4. Book Review

Legal Issues in Bunkering: An Introduction to the Law Relating
to the Sale and Use of Marine Fuels by Trevor Harrison, Petrospot
Publishers, July 2011, £75/90 Euros/$125, ISBN 978-0-9548097-6-8

Llewellyn Bankes-Hughes, the publisher of this excellent
volume, and many others which display a certain aspiration,interupted
your editor’s August dreaming on the Isle of Wight by sending in this
oddly enjoyable work by Trevor Harrison, an industry legal man who has
lately been in the news by taking over the top job in the industry
association IBIA.

There are few books on this subject in particular and in general
the only work we can recall was by Chris Fisher and published
in the mid 1980s. We happy non-specialists should expect to be
amazed at the changing world of modern bunkers and reassured by
the timeless habits of the maritime world. On page 42 in the
helpful chapter on Charterparty relationships, we find the
following passage confirming our expectations:-


Raising Standards:

6.12 Some charterparty forms still in use include phrases such as:

_ capable of steaming about ____ knots in good weather and smooth
water on a consumption of about ____ tons best Welsh coal, or about
____ tons oil-fuel….

The trusted and familiar often lingers. Standard form charterparties
are invariably supplemented with a raft of additional clauses covering
a wide range of issues not covered adequately in the basic document.
Additional provisions relevant to bunkering of varying length and
complexity can be found in addition to the BIMCO clauses referred to
above. Although the position is improvinmg, it is surprising how
often poor or inadequate bunkering provisions are to be found
in charterparties; sometimes, incredibly, there is nothing more
than the basic requirment to supply ‘oil-fuel’.


This in a world when the basic sludgy stuff can be made up of
30 different refining products, all the bottom of the energy
barrel, for your typical bottom feeding marine propulsion unit.

We liked the sections dealing with quality and quantity disputes,
case reviews, arrests and limitations of liability. For those who have
a way to go understanding the notions of sulphur content, chrome
fines or clean fuels, the author has done the spadework to aid
comprehension. The author, presenting a fairly intractable stem
of information, has an adroit way with words, using a polite term
where a less skilled author would have resorted to a low hanging
sardonic term to describe some practise verging on the amoral in
an industry sometimes a little short on straight dealings.

The publisher reckons this is one of the company’s better
offerings in recent times. He is probably right. It is the
sort of book an aspiring P&I Club, trade body or classification
society ought to have brought out to help their clients or members,
but haven’t owing to the disciplines of cost accounting and
the dictates of lean management. We wish Mr Harrison and the
publishers well with this book and recommend it to our Readers
as a worthwhile primer for the legion who should know more and
for the cadre of executives whose grip on the subject has over
time slackened somewhat owing to pressure of work.


5. HMRC in a Tonnage Tax Rethink?

Certainly, there are some people hard at work in mid August.
Chris Hewer, for instance, who writes:-

Accounts Moore Stephens, say that Her Majesty’s Revenue &
Customs (HMRC) has agreed to re-examine, in consultation with
the shipping industry, its earlier intention to unilaterally
reinterpret the UK Tonnage Tax rules to the potential detriment
of many shipowners.

Widely disputed changes based on unspecified ‘legal advice’
were set out in HMRC’s tonnage tax manual in September 2009.
These focused in particular on a reinterpretation of the
strategic and commercial management tests that are fundamental
to qualification for the tonnage tax regime.

UK tonnage tax is widely credited with having helped increase
the UK fleet substantially since its introduction in 2000,
when it was regarded as a model of clarity and stability.
Then, as now, there was the need for a stable UK tax regime
to both support British business and to encourage international
businesses to operate and stay in the UK. Under the
reinterpretation of the rules, some groups would not
have qualified for the UK regime, despite having previously
received HMRC clearance, with the result that internationally
mobile shipping groups could consider leaving the UK.

Sue Bill, a tax partner with Moore Stephens, says, “HMRC’s
reinterpretation of the rules created a lack of certainty
and sent completely the wrong signals to international
shipowners who had relocated to the UK to take advantage
of its tonnage tax regime. It would therefore be excellent
news if, as we understand to be the case, HMRC decides to
consider the matter afresh, and to consult fully with the
shipping industry. This would be seen as an indication
that the government means to continue to act fairly and
reasonably, not least by protecting shipowners who elected
into the regime for a ten-year period based on the original
HMRC rules and clearances.

“While no formal change to HMRC’s position has yet been confirmed,
it is understood that any changes to the rules will now be
assessed carefully. HMRC has warned that this re-examination
may not result in any change in its position at all. But we
are hopeful that HMRC and the UK government will let us have
a more considered view.

“We have been working with the industry, and in particular the
Chamber of Shipping, in campaigning for some time, and we are
delighted at this positive development.”

[It can be a little dispiriting observing a modern Western
government’s incomprehension of the footloose shipping industry.
It puts one in mind of the efforts of the individual states of
the US who at one time attempted to apply an excise tax to the
airlines flying over their airspace–ed]


6. And Finally…

Paul Dixon’s Joke of the Day reports that these complaints
from housing tenants are genuine:-

My bush is really overgrown round the front and my back passage
has fungus growing in it.

He’s got this huge tool that vibrates the whole house and I
just can’t take it anymore.

It’s the dogs mess that I find hard to swallow.

I want some repairs done to my cooker as it has backfired and
burnt my knob off.

I wish to complain that my father hurt his ankle very badly when
he put his foot in the hole in his back passage.

And their 18 year old son is continually banging his balls
against my fence.

I wish to report that tiles are missing from the outside toilet
roof. I think it was bad wind the other night that blew them off.

My lavatory seat is cracked, where do I stand?

I am writing on behalf of my sink, which is coming away from the wall.

Will you please send someone to mend the garden path. My wife
tripped and fell on it yesterday and now she is pregnant.

I request permission to remove my drawers in the kitchen.

50% of the walls are damp, 50% have crumbling plaster and 50%
are plain filthy.

I am still having problems with smoke in my new drawers.

The toilet is blocked and we cannot bath the children until it is cleared.

Will you please send a man to look at my water, it is a funny
colour and not fit to drink.

Our lavatory seat is broken in half and is now in three pieces.

I want to complain about the farmer across the road; every morning at 6am
his cock wakes me up and its now getting too much for me.

The man next door has a large erection in the back garden, which is
unsightly and dangerous.

Our kitchen floor is damp. We have two children and would like a
third so please send someone round to do something about it.

I am a single woman living in a downstairs flat and would you please
do something about the noise made by the man on top of me every night.

Please send a man with the right tool to finish the job and satisfy my wife.

I have had the clerk of works down on the floor six times but I still
have no satisfaction.

This is to let you know that our lavatory seat is broke and we can’t get


P.S. Meanwhile in Heaven:-

St. Peter is very busy, so he leaves a sign by the Pearly Gates: “For
Service Ring Bell.”

Away he goes; he barely gets started when BING! the bell rings. He
rushes back to the gates, but no one’s there.

St. Peter goes back to work when suddenly BING! the bell rings again.
He rushes back to the gates, but no one’s there. A little annoyed,
St. Peter goes back to work.

Suddenly, BING! the bell rings again. St. Peter goes back; again,
no one’s there, and he’s now really, really irritated.

“Okay, that’s it,” he says. “I’m going to hide and watch to see
what’s going on.” So St. Peter hides, and a moment later, a little
old man walks up and rings the bell.

St. Peter jumps out and yells, “Aha! Are you the guy who keeps
ringing the bell?”

“Yes, that’s me,” the little old man says.

“Well, why do you keep ringing the bell and going away?” St. Peter asks.

“They keep resuscitating me.”


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