Letter of protest vs note of protest: who issues which

A letter of protest is a written reservation that one party hands another about something specific: a shortage, contamination, a delay or a refused sample. A note of protest is the master's own declaration about events on the voyage, made before a notary or consular officer where local law requires it. The first reserves rights in port; the second puts the voyage on record.

Letter of protest and note of protest side by side

	Letter of protest	Note of protest
Made by	the master, or a receiver or its surveyor	the master
Addressed to	the other party, usually the master or the ship's agent, with copies to those affected	a notary, consular officer or other competent authority
About	an irregularity seen in port or on the quay	events at sea: heavy weather, damage to ship or cargo, anything out of the ordinary
When	as soon as the irregularity is seen	after arrival, within a time limit where local law sets one
Result	a signed letter with the other side's receipt	a formal declaration that can later be extended

Both end up in the claim file. The letter says we objected, to this, at this time; the note says this is what the master reported about the voyage.

When to issue a letter of protest

Issue it while the irregularity can still be checked. Guidance from the P&I clubs, the shipowners' liability insurers, names the typical occasions:

• Figures that disagree. Britannia P&I (2025) advises a letter of protest on short loading or where the shore figure and the survey figures differ, if possible signed by cargo interests.
• A doubtful survey. Britannia also advises one when a draft survey is read in open or choppy water. The American Club (2022) says draft readings should not be taken in seas above about 1 metre, and that a protest should be issued if they are.
• Handling and stowage. The American Club names irregular draft or tally figures (the count of cargo units), rough handling, improper stowage and pilfering as reasons for the master to protest.
• Time lost. Steamship Mutual (2024) lists the master's letter of protest among the documents that generally support a demurrage claim.
• A disputed statement of facts. Skuld's advice is to write the objection on the statement itself, and otherwise in the log book or a protest letter; see the statement of facts.

For a receiver and its cargo surveyor, the usual case is a shortage on discharge beyond the threshold in the contract or house rules; how that is calculated is in the outturn report and cargo shortage.

The terms are used loosely. FOSFA's Code of Practice for Member Superintendents (revised November 2022) tells superintendents in its checklists to lodge "notes of protest" for loss, damage, delays and stoppages: in substance, what this article calls a letter of protest. Read the content, not the heading.

What goes into a letter of protest

For the master's letter, the American Club lists the vessel with its IMO number and flag; the voyage and the date of the event; the cargo and its quantity; the reason for the protest and a description of what was seen and its consequences; an estimate of the damage where one can be made; a statement reserving the right to extend the protest later; and the signatures of the master and any witnesses.

A receiver's shortage protest needs the figures as well: the bill of lading (B/L) quantity, the outturn, the method that produced the outturn, and the difference in tonnes and as a percentage. The worked example in our template: B/L 33,400.000 MT, provisional outturn by shore tank gauging 33,198.420 MT, a difference of −201.580 MT or −0.604%, beyond the example threshold of 0.50%.

Who receives it, and by when

The American Club has the master's letter sent to the party the owner designates, such as the ship's agent, with copies to those affected. A receiver's letter goes to the master, copied to owners and agents.

Where the bill of lading is subject to the Hague-Visby Rules, written notice of loss or damage and its general nature has to reach the carrier or its agent at the port of discharge before or at removal of the goods, or within three days if the loss is not apparent. Without it, removal counts as prima facie evidence that the goods were delivered as described. Draft the letter so it can serve that purpose too: addressed to the master and the agent, naming the loss. Other regimes are compared in cargo claims in bulk shipping.

"For receipt only" and the master's reply

West of England's guidelines for ships' personnel (2025) tell the ship how to acknowledge a protest it receives: "received without prejudice and without admission of liability", or "received without prejudice and for receipt only". Such a signature shows that the letter arrived and admits nothing else; our template asks for the date and time of receipt and prints the same point under the signature line.

The master can also answer with a protest of his own, for instance setting the ship's figures against the shore figure or recording doubts about the shore measurement. We call such a reply a counter-protest here. It does not cancel the first letter; both go into the file.

The note of protest: the master's declaration

According to West of England, the value of notes and letters of protest differs around the world, but noting protest is still the better course, reserving the right to extend it or note further protest. Some jurisdictions require a note of protest to be notarised; the club's local correspondent can advise the master.

Dutch law codifies it. Under the Commercial Code (Wetboek van Koophandel, art. 353), the master may have a notary draw up a declaration on the voyage after arrival. Where the ship or anything on board has been damaged, or something extraordinary has happened, he must have at least a provisional declaration made within 48 hours of arrival, followed by a full one within eight days; outside the Kingdom he goes to the Dutch consular officer or, failing one, the competent authority. The notary gives a copy to anyone who asks and pays the costs, and article 356 leaves the evidential weight to the court in each case.

Why cargo interests should care: under the Hague-Visby Rules the carrier is not liable for loss or damage arising from perils of the sea, among other exceptions (Art. IV r. 2(c)). A declaration made at the time is part of the evidence for such a defence, so ask for a copy early.

Based on the working practice of our sector specialist: 25 years in the port, 20 of them as a cargo surveyor. A protest states the weight at the loading port, the weight on arrival and the difference, with the B/L figures and the calculation. The surveyor is no party and usually does not sign a protest himself or herself.

Our letter of protest template

The free template on this page is addressed to the Master or Chief Officer and states four grounds: B/L against arrival, loading against arrival, B/L against provisional outturn, and a temperature that does not follow the heating instructions. It is signed by the Master and the surveyor. Its Excel file calculates the difference in tonnes and as a percentage and compares it with a threshold you set; the usual starting points are 0.5% for vegetable oils and 0.3% for chemicals, and some clients work with 0.3%, so check the contract and the client's own limit. FOSS is software for inspection companies and the port, with a sector specialist at the table: measurements entered once, outturn per medium against the B/L weight, and an automatic protest flag above a 0.5% shortage. The person on the quay decides whether to protest. Get in touch to see it with your own figures.