ABSTRACT
The ISM and ISPS Codes were not intended to create new inter party liabilities: both codes were formulated with the clear purpose of improving and extending standards of maritime safety and security. Though in force for six years and more and two years or so, no cases have come to the courts which have turned on their implementation; this is, it may be rightly surmised, evidence suggestive of new liabilities evolving as a result of the Codes. The BIMCO drafting sub-committee reported that the Code was perceived to have no significant bearing on the balance of liabilities between the two parties, but that it was important to clarify which of the two the managers should assume direct responsibilities under the Code. Finally, on this topic of the DPA’s knowledge imparted to the highest level of management, some mention ought to be made of the possible impact on the assured’s duty of disclosure under section 18 of the Marine Insurance Act.
