For as long as maritime claims exist, issues of limitation of liability will remain front and centre in the disputes that follow. The shipping industry is no stranger to developments in the law surrounding limitation, but a series of English Court decisions in the recent past have shed fresh light on some important questions which maritime lawyers have sometimes found difficult to answer.
In this seminar, our speakers will examine three recent decisions concerning key aspects of limitation in the maritime context, focusing on the who, what, and where of a party’s right to limit, and offering their own perspectives on the practical relevance of the cases.
Who?
What do the words “manager or operator” in art 1(2) of the 1976 Limitation Convention mean? What role must a party play in the life of the ship to qualify as its “operator”? The Court of Appeal’s decision in The Stema Barge II explained.
What?
What’s sauce for the goose… The reciprocal right of dock owners to limit: a contextual consideration of the Holyhead Marina case.
Where?
Well, I do declare! Declarations; anti-suit injunctions; and, in passing, breaking limit – the MSC Flaminia [2022] reviewed.