Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors [2021] EWCA Civ 1880 (15 December 2021)

Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors [2021] EWCA Civ 1880 (15 December 2021)

Stema UK was not the operator or manager of the barge within the meaning of article 1(2) of the Limitation Convention, as its role was limited to providing personnel and assistance under the direction and control of Stema A/S, the actual operator; mere physical operation does not suffice for operator status.

Citation
[2021] EWCA Civ 1880
Parties
Claimant: Splitt Chartering APS; Claimant: Stema Shipping AS; Claimant: Mibau Baustoffhandel GmbH; Respondent/fourth Claimant: Stema Shipping (UK) Limited; Appellant/first Defendant: Saga Shipholding Norway AS; Appellant/second Defendant: RTE, Réseau de Transport d'Électricité SA; Third Defendant: All other persons claiming or being entitled to claim damages by reason of the drifting and/or dragging of anchor of the unpowered barge 'Stema Barge II' on 20 November 2016 and/or any consequent collisions or allisions
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Stema UK's claim for declaration of limitation of liability dismissed.
Legal Topics
Limitation of Liability, Definition of Shipowner, Operator and Manager Distinction, Interpretation of Limitation Convention
Admiralty Maritime Law International Law Limitation of Liability Definition of Shipowner Operator and Manager Distinction Interpretation of Limitation Convention

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Parties

Splitt Chartering APS

Claimant

Stema Shipping AS

Claimant

Mibau Baustoffhandel GmbH

Claimant

Stema Shipping (UK) Limited

Respondent/fourth Claimant

Saga Shipholding Norway AS

Appellant/first Defendant

RTE, Réseau de Transport d'Électricité SA

Appellant/second Defendant

All other persons claiming or being entitled to claim damages by reason of the drifting and/or dragging of anchor of the unpowered barge 'Stema Barge II' on 20 November 2016 and/or any consequent collisions or allisions

Third Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Stema UK was 'the manager or operator' of the STEMA BARGE II under article 1(2) of the Limitation Convention
  2. 2 Whether Stema UK is entitled to limit its liability for damage caused by the barge's anchor dragging

Ratio Decidendi

Stema UK was not the operator or manager of the barge within the meaning of article 1(2) of the Limitation Convention, as its role was limited to providing personnel and assistance under the direction and control of Stema A/S, the actual operator; mere physical operation does not suffice for operator status.

Court Disposition

Appeal allowed; Stema UK's claim for declaration of limitation of liability dismissed.

Orders

  • Stema UK's claim for declaration that it is entitled to limit its liability is dismissed.