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 to proceedings in foreign jurisdiction.

Citations:

Times 03-Jul-1997, Gazette 17-Sep-1997, [1997] 2 Lloyd’s Rep 507, [1997] CLC 1463

Statutes:

Merchant Shipping Act 1995, Merchant Shipping Act 1979, Convention on Limitation of liability for Maritime Claims 1976 A2.1

Jurisdiction:

England and Wales

Transport

Updated: 19 May 2022; Ref: scu.78938