Who we are

Gavin Fitzmaurice

Position:	Partner, Cape Town Managing Partner

Practice:	Dispute Resolution

Office:	Cape Town

Telephone:	Tel:+27 21 431 7279 Cell:+27 82 787 3920

Email:	gavin.fitzmaurice@webberwentzel.com

Gavin Fitzmaurice is a partner in the Dispute Resolution Practice at Webber Wentzel. He is also the managing partner of Webber Wentzel's Cape Town office.

He has been involved in major maritime litigation resulting from disasters and casualties on land and sea since 1992. He has also been involved in clarifying and extending the law in relation to orders for access including to masters and crew, ships and their equipment, cargo and documents.

Gavin has extensive experience in arrest work, having represented parties in relation to the enforcement of arbitration awards and judgments, obtaining of security for litigants and both effecting and setting aside associated ship arrests. During his career he has been involved in precedent-setting legal decisions and numerous judgments.

He also has experience in the commercial side of shipping including financing, mortgage foreclosures and related commercial work.

Gavin currently chairs the Cape Chapter of the Maritime Law Association of South Africa and has chaired portions of the African Ports Evolution Conference in 2013 and 2012. He is an accomplished international speaker.

His expertise has been recognised by various international research organisations including Legal 500 (Shipping) and Who's Who Legal (Transport - Shipping).

Gavin has BA and LLB degrees from the University of Cape Town, as well as a Postgraduate Diploma from the same institution.

Areas of expertise

Admiralty and maritime litigation
Marine insurance and shipping casualty work
General maritime and commercial litigation
Carriage of goods by land and sea
Insurance litigation

Highlights

Named by:
- Who's Who Legal 2015 (Transport - Shipping)
- Legal 500 2011 - 2017 as a legal expert (Shipping & Transport).
- Legal 500 2014 as highly recommended (Shipping).
- Legal 500 2013 as highly recommended (Shipping).
- Legal 500 2012 as highly recommended (Shipping).
- Legal 500 2011 as highly recommended (Shipping).

Member of the:
- Ex officio member of Maritime Law Association of South Africa's National Executive Committee (2006 to 2014).
- Elected member of the Maritime Law Association of South Africa's National Executive Committee (2014 to present).

Involved in numerous precedent-setting legal decisions:
- Kiani Satu judgment establishing a commission to take the evidence of the master and crew.
- F Elephant v Gulf Sheba Shipping Ltd judgment of the Western Cape High Court which extended the meaning of the associated ship arrest provision deeming charterers to be owners.
- Banglar Mookh judgment where the Appeal Court rejected a pilotage claim from owners upholding the pilot's indemnity.
- Snow Crystal judgment where the Appeal Court (confirmed by the Constitutional Court) examined the overlay of contractual and administrative issues related to the operation of the Port.
- Bos 400 (mt Tigr) judgments including in relation to access, attachments and forum non conveniens

Qualifications:

Postgraduate Diploma in Maritime Law, University of Cape Town, 1994
LLB, University of Cape Town, 1990
BA, University of Cape Town, 1989

Contributions to the Profession:

Currently chairs the Cape Chapter of the Maritime Law Association of South Africa, 2006 to present.
Organiser of the annual South African Maritime Law Association's Conferences at Gordon's Bay in 2006, at Riebeek West in 2008, at Franschhoek in 2010, at Shelley Point in 2012 and at Arniston in 2014.
Chaired part of the African Ports Evolution Conference in Cape Town, 2013.
Chaired part of the African Ports Evolution Conference in Cape Town, 2012.
Lectured at law firms and Protection and Indemnity Clubs in the United Kingdom in 2014, in the United Kingdom, Denmark and Norway in 2013, in Hong Kong and Singapore in 2012, in the United Kingdom in 2011, and in the United Kingdom, Scandinavia and the Netherlands in 2010.
Addressed the South African Maritime Industry Conference , 2012.
Represented South Africa as a voting delegate at the Comité Maritime International Conference in Dublin, 2013.
Represented South Africa as a voting delegate at the Comité Maritime International Conference in Beijing, 2012.
Has been involved in the drafting of maritime legislation as a member of the Maritime Law Association and its sub-committees.

Recent Publications:

Article: “Ship Arrests in South Africa on the Rise”, The Charterer, 2012.
Presentation: "Nairobi Convention and liability for wreck removal - a port's perspective", Maritime Law Association of South Africa Annual Conference, 2014.
Presentation: "South African Shipping Judgments Update", various law firms and P&I Clubs, in London and Newcastle, 2014.
Presentation: "Ports and Places of Refuge", Maritime Law Association of South Africa Annual Conference, 2012.
Lecture: "Enforcement and Security Measures in South Africa" (updated and revised), lecture delivered to various law firms and P&I Clubs, in London, Copenhagen, Oslo and Arendal 2013.
Lecture: "Enforcement and Security Measures in South Africa" (updated and revised), lecture delivered to various law firms and P&I Clubs, in Hong Kong and Singapore, 2012.
Lecture: "Enforcement and Security Measures in South Africa"(updated and revised), lecture delivered to various law firms and P&I Clubs, in London, 2011.
Lecture: “Enforcement and Security Measures in South Africa”, lecture delivered to various law firms and P&I Clubs, in London, Oslo, Arendal and Gothenburg, 2010.