Charterers by demise are ‘owners’ within the meaning of section 3 of the Merchant Shipping Act 1894, and can, therefore, under that section, claim the benefit of limitation of liability, conferred by sections 503 and 504, in respect of loss or damage caused by the improper navigation of the ship by their servants. [ Cf. section 71 of the Merchant Shipping Act 1906].
Judgment of Court of Appeal reversed.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten, Robertson, Atkinson, and Collins
Citations:
[1908] UKHL 984, 45 SLR 984
Links:
Statutes:
Merchant Shipping Act 1894 503
Jurisdiction:
England and Wales
Citing:
At First Instance – The Hopper No 66 1906
. .
At CA – The Hopper No 66 CA 1907
Affirmed . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 05 August 2022; Ref: scu.621498
