Holyhead Marina Ltd v Farrer (Storm Emma) [2021] EWCA Civ 1585 (03 November 2021)

Holyhead Marina Ltd v Farrer (Storm Emma) [2021] EWCA Civ 1585 (03 November 2021)

The pontoons making up Holyhead Marina, and the Marina as a whole, fall within the statutory definition of 'dock' as 'landing places', 'stages', and 'jetties' under section 191(9) of the Merchant Shipping Act 1995. The limitation of liability applies to marinas, regardless of whether they are used for pleasure or commercial craft. The appeal is dismissed.

Citation
[2021] EWCA Civ 1585
Parties
Claimant / Respondent: Holyhead Marina Ltd; Defendants / Appellants: 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
03 November 2021
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (admiralty Court)
Outcome
Appeal dismissed
Legal Topics
Limitation of Liability, Definition of Dock, Merchant Shipping Act 1995, Interpretation of Statutory Terms, Marina Liability, Reciprocal Limitation Rights
Admiralty Law Maritime Law Tort Law Limitation of Liability Definition of Dock Merchant Shipping Act 1995 Interpretation of Statutory Terms Marina Liability +1 more

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Parties

Holyhead Marina Ltd

Claimant / Respondent

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 / Appellants

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (admiralty Court)

Legal Issues

  1. 1 Whether Holyhead Marina is a 'dock' within the meaning of section 191(1) of the Merchant Shipping Act 1995
  2. 2 Whether the pontoons making up the marina are 'landing places', 'jetties', or 'stages' under section 191(9)
  3. 3 Whether limitation of liability applies to marinas used for pleasure craft

Ratio Decidendi

The pontoons making up Holyhead Marina, and the Marina as a whole, fall within the statutory definition of 'dock' as 'landing places', 'stages', and 'jetties' under section 191(9) of the Merchant Shipping Act 1995. The limitation of liability applies to marinas, regardless of whether they are used for pleasure or commercial craft. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the judgment of the High Court is upheld.