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 Rep 46, [1998] 2 Lloyd’s Rep 461
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Georgian Maritime Corporation v Sealand Industries (Bermuda) Ltd ComC 18-Apr-1997
ComC Time charterparty – proper construction – cancellation clause – cancellation – non-delivery . .
Appeal from – Bouygues Offshore S.A. v Caspian Shipping Company and Others; Ultisol Transport Contractors Ltd [v[ Bouygues Offshore S.A. (No. 5) ComC 23-May-1997
Conflict of laws – English exclusive jurisdiction clause in Towcon contract – Proceedings in South Africa in breach of clause – whether anti-suit injunction previously granted by Clarke J (see [1996] 2 LI Rep 140) should be discharged . .
Cited by:
Cited – Donohue v Armco Inc and others HL 13-Dec-2001
The appellant had sought injunctions against the respondent US companies to restrain their commencing proceedings in the US against him. The parties had negotiated for the purchase of the run-off liabilities of a defunct insurance company. . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 19 November 2022; Ref: scu.144556