Statement of facts vs deck log: when the records disagree

Two records of the same port call

Most port calls produce two running records of events. One is written ashore by the agent. The other is written on board by the ship's officers. They overlap on many entries: arrival, berthing, start and end of cargo work, stoppages, hatch opening and closing, departure. They are kept for different purposes and by different people, so small differences between them are normal.

The statement of facts

The statement of facts is a chronological record of a port call, usually prepared by the vessel's agent and countersigned by the master. It lists events with dates and times: notice of readiness, berthing, commencement and completion of loading or discharge, interruptions for weather, shifting, waiting and documents on board. BIMCO and FONASBA recommend a standard form, but in practice layouts still vary by port and by agent. Depending on the charterparty, the terminal, shippers or receivers may also sign.

The deck log

The deck log is the vessel's own record, kept by the officers of the watch and reviewed by the master. In port it records cargo operations by hold, weather, draft readings, hatch movements, shore and ship personnel on board, and any incident. Entries are made by the people on watch at the time, from the ship's position on the berth.

What each record is used for

The statement of facts is the factual basis of the laytime calculation. The time sheet takes its events and applies the charterparty: which periods count, which are excepted, and whether laytime was exceeded and demurrage is due. A stoppage for rain, for example, may or may not count, depending on the laytime terms. Under some charterparty terms, a demurrage claim must include a signed statement of facts or, if signature was not possible, the master's letter of protest.

In a cargo claim, the same entries are read for a different question: what happened to the cargo and when. If a claim alleges wet damage after loading in rain, the time the rain started, the time cargo work stopped and the time each hatch was closed all become relevant. The deck log, the statement of facts and the remarks on the Mate's Receipt are then read together with the Survey Report. For the wider document set, see the documents of a marine cargo claim.

Why times and events differ

A difference between the two records does not by itself show an error in either. Before treating it as a conflict, check the ordinary causes.

• Time basis. The statement of facts normally uses local port time. The deck log uses ship's time, which may differ if the clocks have not yet been set to local time, or if some entries are kept in UTC. Check which basis each document states, if any.
• Rounding. One record may give the minute, the other the nearest five or fifteen minutes, or the start of the next watch entry.
• Who observed. The agent may record the time a stoppage was reported by the stevedores or the terminal. The officer on watch records what was seen on deck. The two may refer to different moments of the same event.
• Event wording. "Hatches closed" can mean the first hatch closed, the last hatch closed, or all hatches closed and secured. Read the exact wording and whether it refers to one hold or all of them.
• When the entry was written. A statement of facts is often finalised after the call from notes and terminal records. Deck log entries are usually written during or shortly after the watch.
• Later amendments. Look for corrected entries, added lines, or a revised version of the statement of facts. Note who made the change and when, and whether the original entry is still legible.
• Remarks and signatures. A master may sign the statement of facts with a remark such as "signed under protest" or "subject to", or issue a separate letter of protest. A signature with such a remark is not an agreement with every entry.

An invented example: claim 26-0417

This case is invented for illustration. The vessel, the claim number, the documents and the page references do not refer to any real claim.

MV Corvina loads soybean meal in bulk at Santos for discharge at Ravenna. Loading is interrupted by rain. At discharge, wet and caked cargo is found in one hold. Receivers notify a claim, and the file contains a statement of facts from the load port agent, extracts of the deck log, the Mate's Receipt and a Survey Report from the discharge port. Two points do not match.

Neither difference is resolved in this guide. The 30 minutes may come from a different time basis, from "first hatch" against "all hatches", or from a genuine difference in what was observed. The one-day gap may reflect the crew noting wet cargo during discharge and the surveyor attending the next day, or a different reading of "first found". Each explanation has to be tested against the documents, and the answer may stay open.

How to compare the two records line by line

1. Collect the full documents, not extracts: every page of the statement of facts with its signatures, and the deck log pages for the whole port call, including the pages before and after the event.
2. Note the time basis of each document. If neither states it, record that fact rather than assuming one.
3. Build one timeline with a column for each record. Put each entry on its own line, with the document, page and exact wording.
4. Mark the lines that match, the lines that differ, and the events that appear in only one record.
5. For each difference, check the ordinary causes listed above before treating it as a conflict.
6. Look at signatures, remarks, letters of protest and visible amendments on the pages concerned.
7. Search the rest of the file for independent records of the same moment.
8. Record the result neutrally, as shown below, and keep the question open until the evidence answers it.

Corroborating evidence

Where the two records disagree, other documents written by other people often settle the timeline, or at least narrow it.

• Mate's Receipt remarks. Remarks on cargo condition at loading, or their absence. A clean Mate's Receipt should not be issued if the cargo shows observable defects on loading.
• Weather records. Data from a local weather station or the port authority, which can be used to test the times of rain recorded in either document.
• Port and terminal logs. Berth logs, terminal operation reports and port authority records of the same call.
• Tally sheets and stevedore reports. Times of stoppage and resumption per hatch, often kept by an independent party.
• Photographs and video. Images with reliable time stamps from the crew, surveyors or the terminal. Check that the camera clock was correct.
• Survey Report. The surveyor's attendance times, findings and the documents the surveyor relied on. Check whether the report quotes the statement of facts or the deck log as its source.
• Letters of protest and correspondence. Messages exchanged during the call often carry their own time stamps.

Evidential weight of each record

A signed statement of facts is persuasive evidence, but it is not binding. A party may rebut it with other evidence, for example readings from a local weather station. Owners who doubt the accuracy of the statement of facts sometimes appoint a protective agent to check it. Log entries are also strong evidence and can also be challenged. How much weight each record carries depends on the governing law, the contract and the facts of the case.

Not legal advice. This section describes general practice. The evidential weight of a statement of facts or a deck log depends on the jurisdiction, the charterparty or bill of lading terms and the forum. Take legal advice on the specific claim.

Recording a discrepancy neutrally

A discrepancy note should let any later reader see both entries and check them without asking you. It states what each document says and where. It does not state which one is correct.

• Event: hatches closed for rain, Santos, loading.
• Statement of facts (agent): 14:10, p. 2, line "Rain. Loading stopped. Hatches closed."
• Deck log (vessel): 14:40, p. 47, entry of the afternoon watch.
• Difference: 30 minutes. Time basis stated in neither document.
• Signatures and remarks: statement of facts signed by the master without remark.
• Other evidence checked: weather station data requested; tally sheets not yet received.
• Status: open.

Keep the wording of the source. Avoid words such as "wrong", "false" or "correct" in the note itself. The assessment belongs to the professional handling the claim and should be recorded separately, with its reasons.

Checklist for comparing the two records

Time bars

Comparing records takes time, and the claim's time bar keeps running while you do it. Confirm the applicable time bar for each claim. See time bars in cargo claims.

Dossima places the statement of facts and the deck log entry side by side, each with its page. The decision stays with you.

Sources

Public sources this guide relies on. Check the current text before you rely on a rule.

• West P&I: Defence Guide, Interruptions and exceptions to laytime
• Steamship Mutual: Ocean Neptune, demurrage claims and statement of facts requirements
• BIMCO: Standard Statement of Facts
• The Swedish Club: Charterparty and Bill of Lading issues
• Marine Insight: What is a statement of facts in shipping

More guides

• Marine cargo claim documents: the checklist
• Time bars in marine cargo claims: notice, suit and extensions
• Hull and machinery claim documents: the checklist