Simon Daniels – författare

This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as:The liability towards passengers and employees The Prosecution of offendersComparative analysis of corporate manslaughter in the wider, global industry

The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.

The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.

Shipboard Management supports students undertaking qualification at all stages of maritime training, enhancing and developing knowledge and understanding of the key issues in the Merchant Shipping (Training and Certification) Regulations 1997, as subsequently amended by the 2015 Regulations and other legislation.Informed by real-world experience of commercial shipboard operations, Shipboard Management offers an essential study guide addressing the issues which are most frequently confronted in the context of ship management. It is designed to foster the ability to analyse and apply the dynamics of the legal and operational structures in which the shipboard management team must engage in merchant vessel operations. Students will progress through increasingly difficult levels of learning activity in order to develop problem-solving abilities. The text focuses on the application of skills and techniques that are fundamental to commercial shipping and that meet the demands of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations.This will be essential reading for all students and candidates on MCA-accredited Deck training courses, and for seafarers wishing to apply for Certificates of Equivalent Competency. It is also a key reference for professionals in ship-owning and management companies, and for maritime lawyers.

Shipboard Management supports students undertaking qualification at all stages of maritime training, enhancing and developing knowledge and understanding of the key issues in the Merchant Shipping (Training and Certification) Regulations 1997, as subsequently amended by the 2015 Regulations and other legislation.Informed by real-world experience of commercial shipboard operations, Shipboard Management offers an essential study guide addressing the issues which are most frequently confronted in the context of ship management. It is designed to foster the ability to analyse and apply the dynamics of the legal and operational structures in which the shipboard management team must engage in merchant vessel operations. Students will progress through increasingly difficult levels of learning activity in order to develop problem-solving abilities. The text focuses on the application of skills and techniques that are fundamental to commercial shipping and that meet the demands of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations.This will be essential reading for all students and candidates on MCA-accredited Deck training courses, and for seafarers wishing to apply for Certificates of Equivalent Competency. It is also a key reference for professionals in ship-owning and management companies, and for maritime lawyers.

Just Culture and the Criminalisation of Air Accidents equips the reader with the tools to understand the meaning of criminalisation in the civil aviation industry. It enables them to resolve problems that arise in risk management within the context of their professional employment.By examining the priorities of pilots, air traffic controllers and prosecutors, this book analyses the anatomy of criminalisation in civil aviation and works towards constructing solutions that protect the professionals’ human rights and the Just Culture concept within the framework of criminal law and practice. It covers the duty of an air traffic controller to take the standard of care to guard against acts or omissions which might cause loss and give rise to a claim in negligence. The book illustrates the critical features discussed with numerous case studies from States and jurisdictions around the world.The book will benefit airline operators, pilots, air traffic controllers or managers, and aviation business managers.

Just Culture and the Criminalisation of Air Accidents equips the reader with the tools to understand the meaning of criminalisation in the civil aviation industry. It enables them to resolve problems that arise in risk management within the context of their professional employment.By examining the priorities of pilots, air traffic controllers and prosecutors, this book analyses the anatomy of criminalisation in civil aviation and works towards constructing solutions that protect the professionals’ human rights and the Just Culture concept within the framework of criminal law and practice. It covers the duty of an air traffic controller to take the standard of care to guard against acts or omissions which might cause loss and give rise to a claim in negligence. The book illustrates the critical features discussed with numerous case studies from States and jurisdictions around the world.The book will benefit airline operators, pilots, air traffic controllers or managers, and aviation business managers.