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    News

    NORMAN ATLANTIC: Stern garage doors now open

    Within the context of preparation of the vessel for the safe entry of the court appointed surveyors and the technical experts on 11 and 12 June 2015, the process of unlocking the stern doors/ramps of the vessel has now been finalized and the stern garage doors are now open.

    June 1, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: On June 11 2015 the experts appointed by the Judge will board the Norman Atlantic and start the on-site investigation

    On 22 May 2015 a preliminary session, part of the criminal proceedings for the fire onboard the NORMAN ATLANTIC, has been held in Bari, presided by the competent Italian Judge, Dr.ssa Piliego. During this session (a) the victims/passengers and bereaved families have been officially announced, as represented by their proxy lawyers, (b) the technical experts have been appointed and (c) they have been assigned with specific questions that have to be answered in the technical report on the causes and circumstances of the incident. Our team of lawyers has been present and participated with both Greek and Italian representatives in the court session and we have officially appointed our technical experts, who were also present from Italy and Norway. We have successfully suggested further issues to be assigned on the court experts. The Judge ordered that the technical experts board the vessel for the first time on the 11th June for on-site investigation. In preparation for this, the stern door/ramp will be unlocked by a company selected by the Judge starting from Monday the 25th of May. Our technical experts will participate at the 11th June session (and following days). Until that date the ship will remain in the port of Bari in the same exact conditions as it is since it arrived towed from Brindisi and as it remains since the accident. 

    Photo S. Pavlakis & Technical Expert - 230515

    There are indications that a number of vehicles stored in the lower garages of the ship (1 and 2) may have not sustained considerable damage. When the lower garages will be opened, which will happen later, in the course of the investigation by the court’s experts, these cars will have to be technically examined, before decisions can be made whether they are usable or not and whether their owners will decide to accept them back or treat them as total losses. Our team of lawyers has already selected one expert to serve such needs as soon as it will be permitted either by the Judge and by environmental situation.

     Any news and statements recently spread in the press or on the internet that cars have been already removed and are stored in the port of Bari, which caused great anxiety between our principals, are completely false and we wonder what purpose they were serving. All cars and trucks, burnt or not, are in the ship, as they have been since the fire.

    May 24, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Oath of Surveyors – Commencement of Technical Investigation – Status of Vehicles on Board

    Lawyers from our office are since 21/05/2015 in Bari, Italy and attend, on behalf of the passengers and families of missing passengers of NORMAN ATLANTIC represented by our office, the process of official appointment of the technical experts of the Italian investigation authorities who will perform the autopsy and investigation on the causes and circumstances of the marine casualty as well as of appointment of our technical advisers on behalf of our clients. Simultaneously there are meetings and discussions with the Prosecutor of Bari and the competent Italian investigating authorities on the next steps regarding the process of entering the ship and investigating the causes of the fire and the maritime tragedy.

     The Port Authorities of Bari provided the list of vehicles which are in the lower garage decks (levels 1 & 2), most of which have been reported as not having been damaged by the fire (the list is available here NORMAN ATLANTIC – VEHICLES – PONTE 1 & 2 Capitaneria Di Porto Di Bari – NORMAN ATLANTIC VEHICLES). These vehicles are expected to be moved out of NORMAN ATLANTIC after the investigators enter the upper garage decks and most likely after the burnt and destroyed vehicles have been removed from the other decks. In order to ensure that our clients’ rights are fully protected, before the initiation of any proceedings for the receipt and delivery of their vehicles, special technical advisors appointed by us will examine our clients’ vehicles for possible latent damages from the accident and their long stay on the carcass of the ship. Most vehicles at the upper garage decks of the ship (levels 3, 4 and 5), as it has already been revealed, are regarded as total loss.

    May 22, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Commencement of Official Technical Investigation

    The Court and the Public Prosecutor’s Office of Bari served us on 24/4 2015, on behalf of the passengers and families of missing passengers of NORMAN ATLANTIC represented by our office, a notice on the preliminary meeting to be held on May 22, 2015 in Bari. During this meeting, official appointment of the technical experts to perform inspection and investigation of the causes and circumstances of the maritime accident will take place, who will take oath. Lawyers from our office will attend the meeting.

    Following an unusually long for such serious maritime accidents waiting period, boarding on the damaged vessel and entry into its interiors will take place, for the purpose of: (a) thorough search for remains of still missing passengers, (b) performance of due technical inspection, surveys and investigations on the causes and circumstances of this unprecedented accident, and (c) determine and verify the condition of the vehicles on board the vessel and the extent of the damages.

    We are worried and sometimes appalled by the exchange, through social media and electronic or other press releases, of texts related to the NORMAL ATLANTIC case which are produced or reproduced as being announcements, updates, comments, observations, and often “legal advice”, relating the facts, causes, judicial and other procedures. Most of them lack credibility and gravity, and very often do not correspond to reality, but in fact spread inaccuracies and unsubstantiated rumors of persons who are unaware of the facts of the accident, the investigation proceedings and the legal procedures and developments. We urge the victims of this maritime tragedy to disregard such reports and publications, and turn only to their lawyers for responsible information and updating. The investigation of the marine accident on the one hand and the due prosecution of the victims’ rights will not be done by or through the media, but by qualified and experienced technical experts and lawyers, within the context of officially prescribed procedures.

    April 28, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Filing of Criminal Complaints with the Piraeus and Bari Public Prosecution Offices

    Criminal complaints have been filed before the competent Public Prosecutors of Piraeus and of Bari, Italy, on behalf of rescued passengers and the families of missing passengers whom we are representing requesting criminal charges to be brought against the master and the first officer of the ship NORMAN ATLANTIC, as well as against the legal representatives and members the board of directors of the Italian shipping company VISEMAR DI NAVIGAZIONE SRL and the Consortium ANEK – SUPERFAST ENDEKA HELLAS INC. & Co. and against any other person that might be found responsible for the fire on board NORMAN ATLANTIC. The victims of the maritime disaster accuse the aforementioned persons as liable for breach of fundamental national, european and international regulations set for the safety of ships and passengers, including fire detection and extinguishing systems and equipment, fire safety measures, lifesaving equipment and procedures, crew training and capacity etc..

    The technical investigation on the causes and circumstances of the accident has not yet started in Bari. The aft port of the ship has not yet been opened and entry is still not allowed to technical experts. There is no valid and verified information on passenger vehicles yet, neither for those that have most certainly been burnt and completely destroyed, nor for those located in the lower garages of the vessel, which, according to unofficial and unverified information, may not be a total loss. Unfortunately there are no further news in relation to the missing passengers. So far only two corpses have been recovered from the ship; the necessary tests are being conducted in hope that a positive identification is achieved, but still there are no results. We are monitoring this issue very closely.

    March 27, 2015/by Ioannis Pavlakis
    News

    Revisiting Rome II: National Developments – Seminar of British Institute of International and Comparative Law

    Silina Pavlakis participated as a speaker in the seminar of the British Institute of International and Comparative Law on Rome II Regulation, held in London on March 24, 2015. In this seminar, distinguished practitioners and academics from the UK and abroad gave an update on the application of the Regulation in different national courts and considered practical problems with its application and assessed the use of foreign law under Rome II. The seminar was sponsored by Legal Abroad©, a network of European Law Firms specializing in plaintiff cross-border personal injury litigation, to which Pavlakis – Moschos & Associates is a founding member.

     The presentation of Silina Pavlakis entitled “Rome II & International Conventions: A Case Study” is available on line in pdf and power point presentation formats.

    March 25, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Investigation by the European Comission on compliance with European Safety Legislation

    In response to a parliamentary question submitted on 20/01/2015 by the independent MEP Professor Notis Marias and eleven Italians MEPs asking the Commission to investigate the circumstances of the fire tragedy of Norman Atlantic on December 29, 2014 as well as whether the vessel complied with the respective EU safety legislation [E-000687-15], Commissioner Violeta Bulc on 03/10/2015 replied:

    “1. A safety investigation of the incident is ongoing. It is too early to conclude how the incident occurred or to what extent the minor deficiencies identified during the port state control inspection in Patras were relevant, as they were not considered to be serious enough to prevent the vessel departing the port. An interim investigation report should be published within 12 months from the incident. The periodic assessments the Commission carries out with the help of EMSA’s fact finding inspections have not revealed any systemic problems with the recognised organisation (RO) undertaking statutory and class tasks for this ship. Italy, as flag State, has to take the measures it deems appropriate to ensure that the ship in question complies with the applicable international rules and regulations. This also implies monitoring/reporting obligation of their authorised EU ROs, which is now subject to pre-infringement proceedings. Italy underwent an IMO audit in 2007, and its maritime authorities currently hold a valid quality management certificate.

    2. EMSA contributes to reducing the risk of maritime accidents. The Agency carries out visits to Member States helping the Commission to assess the effective implementation of relevant Union law. There are no plans currently to give the agency more control powers with respect to inspection procedures.

    3. The Commission and EMSA are at the disposal of the competent authorities for any assistance. Lessons from this accident need to be taken into account to improve passenger ship safety regulations both at EU and international level. The Commission is currently undertaking a Fitness Check of the EU legislation on passenger ship safety to assess if the current legislative framework is fit for purpose.”

    March 10, 2015/by Ioannis Pavlakis
    News

    Award of 2,5 million dollars as damages in Philadelphia for side effects of the antipsychotic drug Risperdal

    A Philadelphia jury decided Johnson & Johnson must pay $2.5 million in damages for failing to warn that its Risperdal antipsychotic) could cause abnormal development of breasts in males (gynecomastia). The lawsuit was brought by the family of an autistic boy who took the drug in 2002 and later developed size 46 DD breasts. A handful of other similar cases have been settled. J&J paid $2.2 billion two years ago to resolve criminal and civil allegations of illegally marketing Risperdal to children and the elderly.

    http://blogs.wsj.com/pharmalot/2015/02/24/johnson-johnson-loses-trial-over-risperdal-and-male-breasts/

    March 5, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Towed to Bari – Investigation of causes of accident about to begin

    On Saturday, February 14, 2015, NORMAN ATLANTIC was towed from Brindisi to the port of Bari. Within the next few days fire experts and other technical experts and forensics will enter the ship in order to begin the investigation on the causes of the fire and the maritime tragedy. Independent technical experts and advisors appointed on our part will participate in the investigation process in order to ensure that all details with regards to the fire and the causes of the disaster come to light and that the rights of our clients, rescued passengers and families of the missing passengers, are protected and pursued in the best possible way.

    February 16, 2015/by Ioannis Pavlakis
    News

    NORMAN ATLANTIC: Meeting with the Italian Public Prosecutors in Bari

    Lawyers from our office, on January 30, 2015, met with the Italian Prosecutors in Bari who are in charge of the investigation of the NORMAN ATLANTIC tragedy, and were updated, to the extent permitted by the procedural rules, on the progress and status of the investigation and the existing findings, primarily as far as the missing passengers are concerned, but also regarding vehicles, that are probably not considerably damaged in the lower decks/garages of the vessel. We officially notified the Prosecutors that our office intends to participate, in the name and on behalf of our principals, in all technical surveys and investigations, and have received confirmation that we shall be notified and invited accordingly, as soon as the vessel is towed to Bari in the next few days and before any action is initiated.

    February 2, 2015/by Ioannis Pavlakis
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