www.bifa.org


Robert Keen’s Column


BIFAlink


BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 Web site: www.bifa.org E-mail: bifa@bifa.org (A company limited by guarantee. Registered in England: 391973. VAT Registration: 216476363)


Director General Robert Keen r.keen@bifa.org Executive Director Robert Windsor r.windsor@bifa.org Executive Director Spencer Stevenson s.stevenson@bifa.org Policy & Compliance Advisor Mike Jones m.jones@bifa.org Policy & Compliance Advisor Pawel Jarza p.jarza@bifa.org Training Development Manager Carl Hobbis c.hobbis@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org Administration Controller Jane Robinson j.robinson@bifa.org


Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Robert Keen, Robert Windsor, Mike Jones, Spencer Stevenson, Carl Hobbis, Sharon Hammond, Pawel Jarza


Regional Consultants to BIFA Scotland and the Borders Len Hobbs: bifa.scot@gmail.com Northern Ireland Carson McMullan: carsonconluce@aol.com Midlands and the North Paul Young: youngyes@aol.com London West and the South West Colin Young: young_colin.t21@btinternet.com Anglia, London East and the South East Paul Newman: paul@pnauk.com


Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.


January 2019


A tribute to Derek O’Brien


I am changing my usual column format this month to pay tribute to Derek O’Brien, who passed away in November 2018. Derek joined World Transport Agency (WTA) from school in 1950 and, apart from a


short break for National Service, stayed with WTA, first as a full-time employee and then as a retained consultant until mid-2017. It is uncommon for someone to spend their entire career with one employer, and to extend service to almost 67 years is quite rare. Derek was a great friend to BIFA, and before 1988 to the Institute of Freight


Forwarders. He was a stalwart of the BIFA Legal and Insurance Policy Group for many years. He had a huge archive of legal material linked to freight forwarding and an


encyclopaedic memory. It was common for us to be debating a topic at the policy group and then a few days later receive a cross-referenced history of the subject. Another memorable trait was Derek’s ability to remember statements made by a judge and the particular case it referred to. When dealing with the incorrect releasing of a container, I often heard Derek say: “It is perfectly clear in law that a shipowner who delivers without production of the bill of lading does so at his peril.” Lord Denning – Sze Hai Tong v Rambler Cycle [1959]. Derek undertook professional development into his 70s and although he was a modest man, I remember his


pride when he told me he had passed a qualification and could add yet another post nominal, which we duly did on his BIFA book ‘Know your Standard Trading Conditions – a layman’s guide’. In January 2011, Derek was presented with a BIFA lifetime achievement award at the Annual Lunch and


Awards Ceremony – see photo on page 6. In my speech at the time, I introduced Derek to the assembled guests with the following words: “At these lunches we sometimes get the opportunity to give thanks to somebody who has given a lifetime of service to the industry. “Today we have among us a man who during his career has been a great friend to the Association. In


September 1950 he started work as the office junior at World Transport Agency in London earning a salary of two pounds and ten shillings a week. That is £2.50 to those of you born in the 1970s! “His career in freight forwarding covered many aspects including, whilst on National Service, handling


shipping in the RAF, before he returned to WTA.” I have often heard at a funeral the tribute, “we will not see his like again”. This certainly applies to Derek and


we will miss him both as a friend and for his incredible knowledge. However, Derek’s legacy continues and within this issue of BIFAlink we write again of the importance of


ensuring that the BIFA Standard Trading Conditions are properly and effectively incorporated into all of your dealings with your customers – see pages 10-11 for guidance. Additionally, on page 7 you will find further reference to the BIFA STC, and their relevance when invoicing for


a customer is handled by a factoring company. In late November, I was fortunate to attend the 20th anniversary celebrations for Transaid, together with the


charity’s Patron HRH The Princess Royal. BIFA has long been a corporate supporter of Transaid and will once again be promoting the charity at the BIFA Freight Service Awards luncheon later this month. At the start of a new year I cannot end my column without reference to the challenges ahead for the country


as a whole, and particularly for those of us at the sharp end of the international logistics industry as we grapple with the implementation of CDS and Brexit. At the time of writing there is still much to do on both fronts, but my colleagues and I will continue to represent your interests at all levels of government at home and through our contacts within CLECAT and FIATA.


Robert Keen Director General


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