The issue on this appeal is whether the respondent (‘Stema UK’) was ‘the manager or operator’ of the STEMA BARGE II within the meaning of article 1(2) of the Limitation Convention[1]. Early that morning, whilst off Dover, the barge’s anchor dragged during a storm and damaged an underwater cable owned by the appellant, RTE. The issue arises because Stema UK was the receiver of the cargo on the unmanned barge and did not have any formal role in respect of the barge’s management or operation, but its personnel did operate the machinery of the barge whilst off Dover and were involved in monitoring the weather and in the decision to leave the barge at anchor during the storm.
Lord Justice Phillips,
Sir David Richards,
And,
Sir Launcelot Henderson
[2021] EWCA Civ 1880, [2021] WLR(D) 625
Bailii, WLRD
England and Wales
Transport
Updated: 30 December 2021; Ref: scu.670463