LO4 - Protest

• Noting Protest

• Letter of Protest
Noting Protest (or Sea Protest)
Solemn Declaration (made on oath) before a
Notary Public* of a loss, delay or damage
that has resulted due to circumstances
beyond his control.

Letter of Protest
Written communication expressing
dissatisfaction over, and holding another
party responsible for, an operational matter
that the other party has control over.

*public official – eg UK Solicitor, US Notary Public

Noting Protest (or Sea Protest)
1. After every case of General Average
2. After wind and/or sea conditions have been encountered which may have
damaged cargo
3. After wind and/or sea conditions have been encountered which caused
failure to make a cancelling date
4. After cargo is shipped in a condition likely to deteriorate during the
forthcoming voyage
5. After the ship has been damaged from any cause
6. After a serious breach of the charterparty by the charterer

• Master should attend the appropriate office with witness(es) and take the
OLB, relevant documents and make a sworn statement. [purchase at least 3
copies]
• Can Extend Protest in a similar manner when the extent of the loss or
damage caused exceeds that originally ascertained…
How to Note Protest
1. Ask agent (or P&I correspondent) to arrange a visit to notary
public/appointed lawyers
2. Take OLB, relevant logs/records, witness and cash (fee)
3. Make sworn statement of protest (on oath)
4. In writing ‘Reserve the right extend protest at time and place
convenient’.
5. Obtain copies as required by the Company
Extending Protest
6. When further information requires, eg survey report,
statements, go to the same or another notary/consul.
7. Submit additional testimony and pay fee
Letter of Protest
A formal letter over any matter that
the Master considers there may be a
legal dispute or claim.

He holds the recipient responsible for

any consequences of the matter being
complained about. Most commonly
used in while in port.

A copy should be retained on the ship

and a copy sent to the ship operator.
Letter of Protest
From Master:
1. Cargo Load or Discharge too fast or too slow.
2. Stevedores Damage
3. Dock workers misuse of ships equipment
4. Difference between ship/shore cargo figures
5. Cargo specification is wrong
6. Berth/Fendering conditions are inadequate
7. Passing vessel speed causes ranging, damage, etc https://www.chinarubberfender.com/cause-of-damage-to-rubber-fender /
Letter of Protest
Create original & copy.
‘Please be advised that…
…Add details of allegation (cargo temp, etc)…
I hereby lodge protest accordingly, and we, including my
disponent owners, hold you and/or Charterers responsible
for all delays and consequences.’
Protest lodged by ……Master (Signature & ship’s stamp)
Time & date
Signed for receipt ……(Position & company)
Time & date https://www.chinarubberfender.com/cause-of-damage-to-rubber-fender /

Ask agent to serve on addressee and obtain signed copy.

Letter of Protest
Received by Master: Sign as:
1. Cargo Load or Discharge too fast or too ‘For receipt only’
slow. or
2. Cargo quantity differs from Bill of Lading. ‘For receipt only
3. Cargo specification is wrong. without prejudice
4. Ship making smoke in port. to any liability’
5. Ship damage to berth or property
If on a time charter, sign as:
‘For and on behalf of
(charterer’s name)’
Questions

1. What is Noting Protest?

2. Under what circumstances may a Master note
protest?
3. How and to whom would a Master Note
Protest?
4. What is a Letter of Protest?
5. When might a Master use a Letter of Protest?
6. When might a Master receive a Letter of
Protest?

Kahoot: SMLB - Protest and General Average

Questions