Search Results for: Convention on Limitation of Liability for Maritime Claims 1976

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Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

Caspian Basin Specialised Emergency Salvage Administration and Another v Bouygues Offshore Sa and Others; Ultisol et Cetera v Same (4): AdCt 3 Jul 1997

Liability under a claim can be limited by the court under the Act even before liability has itself been decided. Shipping – declaration limiting liability – prior to admission of liability -permissible – article 2.1 – scope – misrepresentation – monetary claims – declaration of limitation – no admission of liability – stay – prejudice … Continue reading Caspian Basin Specialised Emergency Salvage Administration and Another v Bouygues Offshore Sa and Others; Ultisol et Cetera v Same (4): AdCt 3 Jul 1997

Splitt Chartering Aps and Others v Saga Shipholding Norway As and Others: AdCt 22 May 2020

The anchor of a dumb barge riding out a storm, damaged an underwater cable. The claimants including the fourth, a company that placed men on board with instructions to operate the barge’s machinery whilst it was at anchor off Dover, sought to limit their liability using the 1995 Act and the Convention. Held: The declaration … Continue reading Splitt Chartering Aps and Others v Saga Shipholding Norway As and Others: AdCt 22 May 2020

CMA CGM Sa v Classica Shipping Co Ltd ‘The CMA Djakarta’: CA 12 Feb 2004

The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The charterers had established a compensation limitation fund in France. Held: The liability of the charterers was defined by the type of claim brought, not by the capacity in which he acted. The charterers appeal … Continue reading CMA CGM Sa v Classica Shipping Co Ltd ‘The CMA Djakarta’: CA 12 Feb 2004

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005