Reseau De Transport D'electricite v Costain Ltd [2025] EWHC 73 (Admlty) (20 January 2025)

Reseau De Transport D'electricite v Costain Ltd [2025] EWHC 73 (Admlty) (20 January 2025)

Stema UK is barred by res judicata and cause of action estoppel from raising a limitation of liability defence under Article 1(4) of the Limitation Convention in these proceedings. The Court of Appeal's order in the Limitation Proceedings was clear, final, and unambiguous in declaring that Stema UK is not entitled to limit its liability under section 185 of the Merchant Shipping Act 1995 or the Convention. The attempt to relitigate the limitation issue, including under Article 1(4), is an impermissible contradiction of that order. Even if not, the claim is barred by cause of action estoppel as the right to limitation was the subject of the previous proceedings and determined against Stema...

Citation
[2025] EWHC 73 (Admlty)
Parties
Claimant/second Applicant: RÉSEAU DE TRANSPORT D'ÉLECTRICITÉ; Defendant/first Applicant: COSTAIN LIMITED; Defendant/first Applicant: NETWORK RAIL INFRASTRUCTURE LIMITED; Third Party/respondent: STEMA SHIPPING (UK) LIMITED; Fourth Party: STEMA SHIPPING; Fifth Party: SPLITT CHARTERING APS; Sixth Party: MIBAU DEUTSCHLAND GMBH; Seventh Party: AHT BREMEN FIGHTER GMBH & CO. KG (in Liquidation); Eighth Party: HALCROW GROUP LIMITED; Ninth Party: MARINE MANAGEMENT ORGANISATION; Tenth Party: MARITIME AND COASTGUARD AGENCY
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Admiralty/commercial / Strike Out/summary Judgment Application on Limitation of Liability Defence
Outcome
Application granted. Stema UK is barred from raising limitation under Article 1(4).
Legal Topics
Limitation of Liability for Maritime Claims, Res Judicata, Cause of Action Estoppel, Issue Estoppel, Abuse of Process, Henderson V Henderson, Merchant Shipping Act 1995, International Conventions
Admiralty Commercial Law Civil Procedure Limitation of Liability for Maritime Claims Res Judicata Cause of Action Estoppel Issue Estoppel Abuse of Process +3 more

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Parties

RÉSEAU DE TRANSPORT D'ÉLECTRICITÉ

Claimant/second Applicant

COSTAIN LIMITED

Defendant/first Applicant

NETWORK RAIL INFRASTRUCTURE LIMITED

Defendant/first Applicant

STEMA SHIPPING (UK) LIMITED

Third Party/respondent

STEMA SHIPPING

Fourth Party

SPLITT CHARTERING APS

Fifth Party

MIBAU DEUTSCHLAND GMBH

Sixth Party

AHT BREMEN FIGHTER GMBH & CO. KG (in Liquidation)

Seventh Party

HALCROW GROUP LIMITED

Eighth Party

MARINE MANAGEMENT ORGANISATION

Ninth Party

MARITIME AND COASTGUARD AGENCY

Tenth Party

Procedural Posture

Admiralty/commercial / Strike Out/summary Judgment Application on Limitation of Liability Defence

Legal Issues

  1. 1 Whether Stema UK is barred by res judicata, cause of action estoppel, issue estoppel, or abuse of process from raising a limitation of liability defence under Article 1(4) of the Limitation Convention in these proceedings.

Ratio Decidendi

Stema UK is barred by res judicata and cause of action estoppel from raising a limitation of liability defence under Article 1(4) of the Limitation Convention in these proceedings. The Court of Appeal's order in the Limitation Proceedings was clear, final, and unambiguous in declaring that Stema UK is not entitled to limit its liability under section 185 of the Merchant Shipping Act 1995 or the Convention. The attempt to relitigate the limitation issue, including under Article 1(4), is an impermissible contradiction of that order. Even if not, the claim is barred by cause of action estoppel as the right to limitation was the subject of the previous proceedings and determined against Stema...

Court Disposition

Application granted. Stema UK is barred from raising limitation under Article 1(4).

Orders

  • Stema UK's Article 1(4) limitation defence is struck out and/or summary judgment is granted against it on that issue.