A jet ski is neither a boat nor a vessel. The maritime limitation rules did not therefore apply to an accident involving a jet ski. The applicant could therefore claim full damages. Citations: Gazette 06-May-1992 Statutes: Marine Conventions Act 1911 Jurisdiction: England and Wales Personal Injury, Damages, Transport Updated: 20 May 2022; Ref: scu.89518
Two ships had collided. A third itself ran aground trying to avoid them, and its ownes sought damages. Held: The unit approach to apportionment of damages was wrong.Lord Morris said of section 1 of the 1911 Act: ‘The section calls for inquiry as to fault, and inquiry as to damage or loss, and inquiry as … Continue reading The Miraflores and The Abadesa: PC 1967
Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977
