BMT Marine and Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011] EWHC 32 (Comm) (24 January 2011)

BMT Marine and Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011] EWHC 32 (Comm) (24 January 2011)

On subjective and objective interpretation under German law, Owners contractually waived/surrendered right to claim against LWB for negligence except where insurance withdrawn due to LWB management's fault; thus, LWB has no liability to Owners for fire damage and BMT cannot claim contribution/indemnity against LWB under the 1978 Act.

Citation
[2011] EWHC 32 (Comm)
Parties
Part 20 Claimant: BMT Marine and Offshore Survey Ltd (formerly BMT Salvage Ltd, t/a The Salvage Association); Part 20 Defendant: Lloyd Werft Bremerhaven GmbH
Jurisdiction
England and Wales
Judgment Date
24 January 2011
Procedural Posture
Part 20 Claim for Contribution/indemnity / Judgment on Preliminary Issues
Outcome
Part 20 Claim dismissed; preliminary issues determined in favour of LWB.
Legal Topics
Exclusion of Liability, Co Assurance, Contribution Under Civil Liability (contribution) Act 1978, Interpretation of Contracts Under German Law, Duty of Care in Ship Repair Contracts
Contract Law Insurance Law Tort Law Private International Law Exclusion of Liability Co Assurance Contribution Under Civil Liability (contribution) Act 1978 Interpretation of Contracts Under German Law +1 more

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Parties

BMT Marine and Offshore Survey Ltd (formerly BMT Salvage Ltd, t/a The Salvage Association)

Part 20 Claimant

Lloyd Werft Bremerhaven GmbH

Part 20 Defendant

Procedural Posture

Part 20 Claim for Contribution/indemnity / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether Owners contractually waived/surrendered right to claim against LWB except as per Article XI.7
  2. 2 Whether LWB can have any liability to Owners for fire damage under German law
  3. 3 Whether BMT can claim contribution/indemnity against LWB under the 1978 Act

Ratio Decidendi

On subjective and objective interpretation under German law, Owners contractually waived/surrendered right to claim against LWB for negligence except where insurance withdrawn due to LWB management's fault; thus, LWB has no liability to Owners for fire damage and BMT cannot claim contribution/indemnity against LWB under the 1978 Act.

Court Disposition

Part 20 Claim dismissed; preliminary issues determined in favour of LWB.

Orders

  • BMT's claim for contribution/indemnity against LWB dismissed.
  • No liability for LWB except as per Article XI.7 of Conversion Contract.