Partner, Webber Wentel AREAS OF EXPERTISE • Admiralty and maritime litigation • Marine insurance • Carriage of goods by land and sea • Commercial litigation and client recoveries • Insurance litigation BACKGROUND Gavin is a partner and heads up the Shipping, Marine Insurance and Transport Practice at Webber Wentzel. He has 20 years' experience in the maritime legal field, including matters such as marine casualties, ship arrests, judicial ship sales, ship sale and purchase, cargo claims, hull claims, charter party disputes, bills of lading disputes, general average matters, freight forwarding, marine pollution, salvage claims, security matters, ship finance, mortgage foreclosures and related commercial work. Gavin has been involved in major maritime litigation resulting from disasters and casualties on land and sea since 1992. Recent casualty matters include the grounding of the Eihatsu Maru at Clifton Beach, the collision between the Sardauna and the Orionis near the Port of Cape Town in 2011, the Alina II in the Port of Saldanha in 2010, the grounding and wreck of the Seli 1 in Table Bay during 2009, and the Long Charity in Saldanha Bay in 2009. Major casualties in which Gavin has been involved in the past also include the South Seas Driller oil rig casualty in the Port of Cape Town in 1998, the epic eight years of BOS 400 litigation that followed the loss of the USD100 million barge while under tow near Sandy Bay in 1994, the 2002 sinking of the fishing vessel Meob Bay near Luderitz, the loss of the marine diamond mining vessel Shelf Explorer off Namibia in 2003, the stranding of the Sealand Express in Table Bay in 2003, and many others. Gavin has also been extensively involved in arrest work, having represented parties to numerous reported judgments including in relation to the enforcement of foreign and local arbitration awards and judgments and obtaining security for foreign and local litigants, including by way of associated ship arrests and also the arrest of bunkers. Gavin is the chairperson of the Cape Chapter of the Maritime Law Association, a position which he has held since 2006 and is a member of the national executive committee of the Association. As such, he is party to the drafting and consideration of all new maritime legislation, regulations and policies affecting the maritime industry. Gavin was a member of the Maritime Industry Development Council and participated in its tonnage tax sub-committee. He presently plays a leading role in advising the ports of Cape Town, Saldanha Bay and Mossel Bay in various respects. MAJOR & RECENT TRANSACTIONS Representing the time charterers of the Panos Earth, the stricken vessel which has been under arrest in False Bay since March 2012. Acting as an advisor to an interested party in relation to the recent grounding of the Eihatsu Maru at Clifton Beach. Represented Transnet Limited (The National Ports Authority of South Africa), in the Banglar Mookh matter in successfully resisting a pilotage related claim by the Bangladeshi Shipping Corporation, being that country's national shipping fleet, winning the trial in 2010 and the recent appeal in March 2012. Represented the Port of Cape Town in relation to the collision between the Sardauna and the Orionis near the entrance to the port in May 2011. Represented the owners of the F Elephant, which was under arrest in Saldanha Bay for a considerable period during 2011, at the instance of numerous creditors. Represents Celtic Link Ferries in the arrest of the Louis Dreyfus Lines' vessel Fairmount Fuji, winning a recent heavily contested security arrest application for a substantial sum. Represented the Harbour Master in relation to the Alina II casualty in the port of Saldanha Bay. Represented the Port of Cape Town in respect of the grounding and wreck of the Seli 1 in Table Bay, during 2009, the repercussions of which are ongoing. Advised Transnet in respect of the Long Charity casualty in Saldanha Bay, during 2009. Dealt with the eviction of the oil rig Neptune Finder from the port of Cape Town. Advised the port of Cape Town with regard to the proposed berthing of the passenger liner QE2 in the port during the football World Cup. v Handled the salvage matter Cleopatra Dream, recently concluded in the Appeal Court, clarify the meaning of the Salvage Convention in respect of a public authority's right to claim salvage in appropriate cases. Major matters in the past include acting for the Owners and underwriters of the South Seas Driller oil rig, acting for the Owners and underwriters of the barge BOS400, acting for the Owners of the marine diamond mining vessels Shelf Explorer and Lady S, acting for the hull underwriters of the Bonasia, acting for the Owners of the Snow Crystal, and many others. ACCOLADES • Head of the Mallinicks' maritime department for seven years. • Listed by Legal Experts EMEA 2012 as an expert in his field. • Listed as highly recommended by Legal 500 2011 (Shipping). Gavin is described as 'always approachable', 'lightning fast' with 'encyclopaedic knowledge'. • Legal 500 2012 describes Gavin as 'extremely easy to work with' and also 'exceptionally knowledgeable'." MEMBERSHIP OF PROFESSIONAL BODIES • Chairperson of the Cape Chapter of the Maritime Law Association • National Executive Committee of the Maritime Law Association • Cape Law Society CONTRIBUTIONS TO THE PROFESSION Involved in the drafting of maritime legislation, regulations and amendments, as part of the Maritime Law Association Involved in commenting upon the proposed tonnage tax, and government initiatives to promote a South African ships register Involved in numerous important legal decisions, for example the Banglar Mookh Appeal Court judgment (in which the Port was exonerated from blame in a pilotage collision case), the F Elephant / Gulf Sheba Shipping Limited judgment of the Western Cape High Court (which extended the meaning of the associated ship arrest provision deeming charterers to be owners), the Fairmount Fuji Western Cape High judgment (awarding Celtic Link Ferries substantial security from Louis Dreyfus Lines), the Cleopatra Dream Appeal Court judgment (clarifying a public authority's right to claim salvage), the Vogerunner Western Cape High Court judgment (dealing with the arrest of bunkers, and related ownership issues), the Lady S Appeal Court judgment (clarifying the requirements for judicial ship sales); the Bow Neptun judgment (establishing that a P&I Club letter is an acceptable form of security); the Gendor Holdings/City Fishing Appeal Court judgment relating to the Northern Phoenix (establishing that maritime claimants may seek to liquidate a party notwithstanding the existence of a maritime fund); the Snow Crystal Appeal Court judgment (regarding claims against the Port authorities based in contract); and numerous judgments relating generally to the field of ship arrests (including bunker arrests) inter alia to obtain security for local and foreign proceedings • Lectured to various law firms and P&I clubs in the United Kingdom, Scandinavia and the Netherlands in 2010 • 2011 - Lectured to law firms and P&I Clubs in London • 2012 - Lectured to law firms and P&I Clubs in Hong Kong and Singapore QUALIFICATIONS • BA & LLB (University of Cape Town) • Postgraduate Diploma in Maritime Law
