In day-to-day shipping operations, issues can arise quickly: unsafe berth conditions, cargo concerns, delays, terminal inefficiencies, stevedore damage, or pressure to comply with questionable instructions. In such situations, one simple but valuable protective tool is often overlooked: the Letter of Protest (LOP).
An LOP is a formal written notice issued by the Master or Owners to record objections or events that may later become relevant in a dispute. Whilst it does not determine liability by itself, it can become important supporting evidence if matters escalate.
Shipping disputes are often resolved long after the relevant events. By then, recollections may differ, personnel may have changed, and documentation may be incomplete. A timely LOP helps establish a contemporaneous record and demonstrates that Owners did not accept the circumstances without objection.
Whilst not conclusive evidence on its own, an LOP may strengthen Owners’ position when supported by vessel logs, Statements of Facts, photographs, survey reports, or correspondence.
When should Owners consider issuing an LOP?
There is no strict rule, but an LOP should be considered whenever circumstances may expose Owners to operational, legal, or financial risk.
Examples include:
- Unsafe berth, terminal, or cargo operation conditions;
- Stevedore damage to the vessel;
- Damaged, wet, contaminated, or questionable cargo condition;
- Improper loading, stowage, or discharge methods;
- Delays caused by congestion, terminal inefficiency, strikes, or equipment failures;
- Pressure to sign inaccurate documents;
- Unsafe or unreasonable instructions from charterers, terminals, or third parties;
- Situations where the vessel proceeds under protest.
In short: if a situation may later become contentious, it is often prudent to document it.
What should be included?
An LOP should be factual, concise, and professional. Avoid emotional language or lengthy legal argument.
Key elements include:
- Date, time, and location;
- Relevant parties;
- Clear factual description of the event;
- Nature of the objection;
- Actual or anticipated consequences (delay, damage, costs, safety concerns);
- Reservation of rights.
For example:
“Owners reserve all rights in respect of any losses, damages, delays, costs and consequences arising from the above circumstances.”
Practical recommendations
- Timing matters. A delayed protest may carry less evidential weight. Supporting documentation should also be preserved where possible.
- LOPs should not be overused for routine operational matters, as this may reduce their impact.
- A Letter of Protest is simple, inexpensive, and quick to issue—but in the right circumstances, it can make a meaningful difference in protecting Owners’ position.
- The legal validity of an LOP may be subject to local requirements, including legalization. This should be confirmed in the jurisdiction in which the issue arises.
For any questions or assistance, members are welcome to contact the NNPC claims team at claims@nnpc-marine.com.
