On 1 February 2014 the Ocean Dragon, a vessel owned and operated by ConCo Enterprises, runs aground five miles outside the port of Southampton. Salvage services are rendered by a local company, Tawe Marine Solutions Ltd, and the Ocean Dragon arrives in Southampton for repairs on 5 February 2014. On 1 March 2014 a salvage award of £60,000 is ordered by arbitrators.
Steve and Tony are two members of the crew of the Ocean Dragon, and have worked for ConCo Enterprises for a number of years. On 1 March 2014 they sue ConCo Enterprises for four months of unpaid wages. On 28 March 2014, summary judgment is ordered against ConCo, which is required to pay Steve and Tony the sum of £8,000 each.
ConCo Ltd has been experiencing significant cash-flow problems for a number of years. It decides to adjust its business interests and sells the Ocean Dragon to Rosa Ltd, a shipping company based in London. Rosa Ltd takes formal ownership of the Ocean Dragon on 31 March 2014 and immediately renames and registers the vessel as the Rising Tide. Unknown to Rosa Ltd, ConCo has refused to date to pay either Marine Solutions Ltd or Steve and Tony.
Please advise the parties of their possible options.
Question 1: To what extent does the current international and regional legal framework provide clear and effective protection for the rights of seafarers?