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 the managing partner of the firm's Cape Town office and has been involved in major maritime litigation resulting from disasters and casualties since 1992, including all aspects of casualty investigations, dealing with access to crew, vessels and documents, taking evidence on commission, subsequent trial and arbitration work, and in courts of marine enquiry.

He also has extensive experience in all aspects of arrest work, having represented parties in relation to enforcement proceedings, obtaining of security, and both effecting and setting aside complex associated ship arrests. He has considerable experience in all port related work, and also in dealing with P&I Club matters, whether for owners or charterers. During his career, he has been involved in precedent-setting legal decisions and numerous judgments. He also has expertise in mortgage foreclosures, judicial ship sales, and related commercial work, as well as in marine and transport insurance and related cargo claims. He deals with loss of life and personal injuries matters in the marine context. He has experience in ship repair matters, including related arbitration work.

Gavin is currently the vice-president of the Maritime Law Association of South Africa ("MLA"). He chaired the Cape Chapter of the MLA from 2007 to 2017. He is an external examiner for the University of Cape Town's Admiralty Law Department. He is currently recognised by Legal 500 2017 and Who's Who Legal Transport: Shipping 2018, as well as being ranked in Band 1 in Chambers Global 2018.

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:
- Chambers Global 2017 - 2018 as a ranked lawyer (Shipping).
- Legal 500 2011 - 2018 as a leading individual (Shipping & Transport).
- Who's Who Legal 2015 as listed lawyer (Shipping and Maritime).

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.
- South Seas Driller judgment in relation to pure economic loss.
- 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:

Chaired the Cape Chapter of the Maritime Law Association of South Africa, from 2006 to 2017, and is currently the national Vice-President of the Maritime Law Association of South Africa
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, at Arniston in 2014 and at Kleinmond in 2016.
Chaired part of the African Ports Evolution Conference in Cape Town, 2012 and 2013.
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.