Holyhead Marina Ltd v Farrer & Ors (Emma) [2020] EWHC 1750 (Admlty) (07 July 2020)

Holyhead Marina Ltd v Farrer & Ors (Emma) [2020] EWHC 1750 (Admlty) (07 July 2020)

The pontoons comprising the Marina are 'landing places', 'jetties', or 'stages' within the statutory definition of 'dock' under section 191 of the Merchant Shipping Act 1995. The Claimant, as owner of the Marina, is in principle entitled to limit liability. The Defendants' arguments that the Marina is not a dock and that the quantum should be based on the tonnage of a ferry in the wider harbour have no real prospect of success and are struck out. The allegation that the Claimant has lost the right to limit due to personal acts or omissions is weak but just passes the threshold for a real prospect of success and is not struck out.

Citation
[2020] EWHC 1750 (Admlty)
Parties
Claimant: Holyhead Marina Limited; Defendants: Mr Peter Farrer and all other persons claiming or being entitled to claim damages in connection with Storm 'Emma' striking Holyhead Marina on 1 and 2 March 2018
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Limitation of Liability Action (admiralty) / Application for Strike Out And/or Summary Judgment
Outcome
Application granted in part; certain defences struck out; permission to amend defence granted; summary judgment refused.
Legal Topics
Limitation of Liability, Interpretation of 'dock' Under Merchant Shipping Act 1995, Personal Act or Omission Barring Limitation, Quantum of Limitation Fund, Summary Judgment and Strike Out Applications
Admiralty Law Maritime Law Civil Procedure Limitation of Liability Interpretation of 'dock' Under Merchant Shipping Act 1995 Personal Act or Omission Barring Limitation Quantum of Limitation Fund Summary Judgment and Strike Out Applications

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Parties

Holyhead Marina Limited

Claimant

Mr Peter Farrer and all other persons claiming or being entitled to claim damages in connection with Storm 'Emma' striking Holyhead Marina on 1 and 2 March 2018

Defendants

Procedural Posture

Limitation of Liability Action (admiralty) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the Marina is a 'dock' within the meaning of section 191 of the Merchant Shipping Act 1995
  2. 2 Whether the Claimant has lost the right to limit liability due to personal act or omission committed recklessly and with knowledge that damage would probably result
  3. 3 How the quantum of the limitation fund should be calculated (relevant area and largest vessel)

Ratio Decidendi

The pontoons comprising the Marina are 'landing places', 'jetties', or 'stages' within the statutory definition of 'dock' under section 191 of the Merchant Shipping Act 1995. The Claimant, as owner of the Marina, is in principle entitled to limit liability. The Defendants' arguments that the Marina is not a dock and that the quantum should be based on the tonnage of a ferry in the wider harbour have no real prospect of success and are struck out. The allegation that the Claimant has lost the right to limit due to personal acts or omissions is weak but just passes the threshold for a real prospect of success and is not struck out.

Court Disposition

Application granted in part; certain defences struck out; permission to amend defence granted; summary judgment refused.

Orders

  • Defence that the Marina is not a dock struck out.
  • Defence that the quantum should be based on the tonnage of a ferry struck out.