Search Results for: Merchant Shipping Act 1995

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Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998

A court need not first decide liability before applying grant of limitation of liability decree under the Act. That different Conventions were applied by UK and South Africa did not stop the establishment of a limitation fund for payment of damages allowing a ship release. Citations: Times 07-Aug-1998, [1998] EWCA Civ 1077, [1998] 2 Lloyd’s … Continue reading Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998

R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship ‘Sea Empress’), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971: CA 7 Feb 2003

The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make recompense if the loss could be said to be ‘damage caused by contamination … Continue reading R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship ‘Sea Empress’), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971: CA 7 Feb 2003

CNA CGM S A v Classica Shipping Company Ltd: ComC 27 Mar 2003

Citations: [2003] EWHC 641 (Comm) Links: Bailii Statutes: Merchant Shipping Act 1995 Jurisdiction: England and Wales Cited by: Appeal from – 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 … Continue reading CNA CGM S A v Classica Shipping Company Ltd: ComC 27 Mar 2003

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

Alegrete Shipping Co Inc (Owners of the Ship “Sea Empress”) and Another v The International Oil Pollution Compensation Fund 1971 and others: AdCt 29 May 2002

The claimants sought recovery of their loss profits under an insurance policy, after the loss of the Sea Empress. Held: Their claim for loss of profits did not constitute ‘damage caused . . by contamination resulting from the discharge or escape’ of oil from the Sea Empress within the meaning of the section. Judges: David … Continue reading Alegrete Shipping Co Inc (Owners of the Ship “Sea Empress”) and Another v The International Oil Pollution Compensation Fund 1971 and others: AdCt 29 May 2002

Schiffahrtsgesellschaft MS Merkur Sky MbH and Co KG v MS Leerort NTH Schiffahrts GmbH and Co KG: CA 27 Jun 2001

Collision in harbour – limitation of liability under the 199 Act Judges: Lord Phillips MR, Henry LJ, Brooke LJ Citations: [2001] EWCA Civ 1055, [2001] 2 Lloyd’s Rep 291, [2001] 2 LLR 291 Links: Bailii Statutes: Merchant Shipping Act 1995 Jurisdiction: England and Wales Transport Updated: 06 December 2022; Ref: scu.375987

Dawkins v Carnival Plc (T/A P and O Cruises): CA 27 Oct 2011

Appeal against dismissal of claim for personal injuries aboard cruise ship in international waters. Judges: Pill, Moore-Bick, Aikens LJJ Citations: [2011] EWCA Civ 1237 Links: Bailii Statutes: Merchant Shipping Act 1995 183, Athens Convention on Carriage of Passengers and their Luggage by Sea (1974) Jurisdiction: England and Wales Personal Injury Updated: 25 September 2022; Ref: … Continue reading Dawkins v Carnival Plc (T/A P and O Cruises): CA 27 Oct 2011

Theresa Libra, The Owners of The Ship v Ship MSC Pamela, The Owners of The Ship: AdCt 19 Sep 2013

The parties had entered into an agreement apportioning liability after a collision between two ships, but without settling the sums involved. The defendanats now asserted that the claim was out of time under the 1995 Act. Judges: Teare J Citations: [2013] EWHC 2792 (Admlty) Links: Bailii Statutes: Merchant Shipping Act 1995 190 Jurisdiction: England and … Continue reading Theresa Libra, The Owners of The Ship v Ship MSC Pamela, The Owners of The Ship: AdCt 19 Sep 2013

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

Ayliffe And Others v United Kingdom: ECHR 6 May 2008

The applicants are employees of or volunteers for Greenpeace. They boarded a cargo ship, preventing it continuing its voyage to harbour. They did so because they believed the cargo contained unlicensed animal feed and thus the importation was in breach of domestic criminal law. They were arrested the following day and tried for an offence … Continue reading Ayliffe And Others v United Kingdom: ECHR 6 May 2008

Sweet v Owners of Blyth Lifeboat; The Edward Duke of Windsor: QBD 22 Jan 2002

A claim which was covered by the Act for damages for psychiatric injury arose not at the date of the accident, but from when the claimant first developed a recognised psychiatric injury. The two year period of limitation under the Act ran accordingly from the later date. Had parliament wished another result, it could easily … Continue reading Sweet v Owners of Blyth Lifeboat; The Edward Duke of Windsor: QBD 22 Jan 2002

Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

Banque Worms v Owners of the Ship Or Vessel Maule and others: PC 24 Feb 1997

(Hong Kong) The ship-owners challenged the arrest of the ship under a mortgage in favour of the bank. They said no instalment was due. Held: The plaintiffs were not obliged to give notice accelerating repayment of the loan before exercising their express power of sale under that clause. It follows that the writ, though defective … Continue reading Banque Worms v Owners of the Ship Or Vessel Maule and others: PC 24 Feb 1997

Todd and Others v Adams and Another: QBD 5 Jun 2001

The claimants were the relatives of fishermen who had died at sea when their vessel capsized. They alleged that the ship filed to meet the statutory criteria for stability, and that the defendants were negligent and in breach of statutory duty to them. The court held that the statute and regulations provided clear remedies by … Continue reading Todd and Others v Adams and Another: QBD 5 Jun 2001

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

In Re M/V Derbyshire: QBD 28 Oct 1999

The hearing which is to take place after an order for a re-hearing made under the Act, is a complete re-hearing of the whole case, including all matters defined under the Acts, and is not to be restricted to dealing only with the issues surrounding the casualties. Citations: Times 28-Oct-1999 Statutes: Merchant Shipping Act 1970, … Continue reading In Re M/V Derbyshire: QBD 28 Oct 1999

Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016

The cruise operator appealed against a finding that it was liable to the several claimants who had succumbed to the norovirus whilst on a cruise with them. Held: The appeal failed. Lord Dyson MR, Gross, Christopher Clarke LJJ [2016] EWCA Civ 785 Bailii Convention Relating to the Carriage of Passengers and Their Luggage by Sea, … Continue reading Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016

Holyhead Marina Ltd v Farrer (Storm Emma): CA 3 Nov 2021

Provision allowing dock owners to limit liability for loss or damage to vessel- Definition of ‘dock’ including ‘stages, landing places and jetties’ Sir Geoffrey Vos, Master of the Rolls [2021] EWCA Civ 1585, [2021] Bus LR 1874 Bailii Merchant Shipping Act 1995 191(9) England and Wales Citing: Appeal from – Holyhead Marina Ltd v Farrer … Continue reading Holyhead Marina Ltd v Farrer (Storm Emma): CA 3 Nov 2021

Holyhead Marina Ltd v Farrer and Others (Emma): AdCt 7 Jul 2020

Moorings in harbour were dock – limited liability Several small vessels were moored in a marina, secured to floating pontoons. They were damaged in a bad storm. The claimants operated the marina under a lease, and now sought a declaration so as to limit their liability under s191 of the 1995 Act. The defendants said … Continue reading Holyhead Marina Ltd v Farrer and Others (Emma): AdCt 7 Jul 2020

Tekem Sea Abyss Ltd v Brandston Ltd; ‘The Ocean Enterprise’: AdCt 9 Jan 1997

ComC Shipping – registration of ships – – no statutory power to expunge the register – inherent – sale of ship to company in which seller held interest – fiduciary duty – breach – voidable contract – classification as ‘goods’ – Sale of Goods Act 1979 – goods – passing of voidable title – good … Continue reading Tekem Sea Abyss Ltd v Brandston Ltd; ‘The Ocean Enterprise’: AdCt 9 Jan 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

Todd and Others v Adams and Another: CA 18 Apr 2002

The boat owners had failed to comply with the 1975 safety rules, and seamen died. The boat owners relied upon the restriction on damages in the 1995 Act, and the seamen’s families argued that the failure to apply the safety rules removed that limitation. Held: A breach of the safety rules did not give rise … Continue reading Todd and Others v Adams and Another: CA 18 Apr 2002

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003

A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations. Held: Groves v Wimborne clearly established that parliament was to be taken to have intended to proivide a remedy in damages for breach … Continue reading Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003

Harding v Wealands: CA 17 Dec 2004

The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004

D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009

The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed was for economic loss. The number of people who would be brought within the … Continue reading D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009