CMA CGM S.A. v Classica Shipping Company Ltd. [2003] EWHC 641 (Comm) (27 March 2003)

CMA CGM S.A. v Classica Shipping Company Ltd. [2003] EWHC 641 (Comm) (27 March 2003)

Charterers are not entitled to limit their liability against owners under the Merchant Shipping Act 1995 and the 1976 Convention unless their liability arises qua owner; claims by owners against charterers for damage to the ship or recourse for cargo claims do not fall within the scope of limitation under the Convention.

Citation
[2003] EWHC 641 (Comm)
Parties
Appellant/charterer: CMA CGM S. A.; Respondent/owner: Classica Shipping Company Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2003
Procedural Posture
Appeal From Arbitration Award / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Liability, Charterparty, Dangerous Cargo, Interpretation of International Conventions
Maritime Law Commercial Law International Law Limitation of Liability Charterparty Dangerous Cargo Interpretation of International Conventions

Case Brief

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Parties

CMA CGM S. A.

Appellant/charterer

Classica Shipping Company Limited

Respondent/owner

Procedural Posture

Appeal From Arbitration Award / Judgment on Appeal

Legal Issues

  1. 1 Whether charterers are entitled to limit their liability against owners under the Merchant Shipping Act 1995 and the 1976 Convention on Limitation of Liability for Maritime Claims

Ratio Decidendi

Charterers are not entitled to limit their liability against owners under the Merchant Shipping Act 1995 and the 1976 Convention unless their liability arises qua owner; claims by owners against charterers for damage to the ship or recourse for cargo claims do not fall within the scope of limitation under the Convention.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; arbitration award stands