Tortious liability for collisions involving uncrewed and autonomous marine surface ships in English law and the resulting implications for protection and indemnity insurance cover

Abstract

The thesis explores the critical subject of liability and insurance in the context of collisions involving uncrewed Maritime Autonomous Surface Ships (MASS), addressing the increasing prevalence of MASS concepts, sea trials, and their gradual integration into maritime operations. This importance is emphasised by ongoing efforts by the International Maritime Organization (IMO) to establish a dedicated MASS Code. Simultaneously, the continuous technological advancements in autonomous operations not only within the maritime domain but also across land and air further emphasise the urgency and relevance of the research.

The research adopts a comprehensive approach, utilising doctrinal methodology complemented by socio-legal perspectives. This includes interviews with experienced legal practitioners familiar with MASS and a survey involving senior underwriters from 13 major Protection and Indemnity (P&I) clubs.

Key research findings indicate that while uncrewed MASS will continue to incorporate a human element, either through remote operation or supervision, the existing collision liability regime can effectively channel liability to MASS owners. However, challenges will arise when these owners seek recourse claims in tort, particularly against other entities within the wider supply chain, such as MASS manufacturers or programmers, due to complexities in establishing causation, among other issues.

Notably, the research reveals that the current P&I structure may not be conducive to pooling MASS on a mutual basis alongside traditional crewed vessels. Additionally, the existing P&I insurance framework may be inherently unsuitable for MASS, particularly concerning cyber risks, given the existing non-affirmative approach in this aspect.

The significance of these findings lies in the identification of a potential hurdle for the widespread adoption of uncrewed autonomous ships - the availability of comprehensive and affordable liability insurance. This insight shifts the focus from concerns primarily about liability itself to the crucial role of accessible and cost-effective insurance, offering valuable perspectives for maritime MASS stakeholders, policymakers, and insurers alike.

Date of Award	23 May 2024
Original language	English
Awarding Institution	Northumbria University
Supervisor	Craig Laverick (Supervisor)