Holyhead Marina Ltd v Farrer & Ors (Emma)

Holyhead Marina Ltd v Farrer & Ors (Emma)

The pontoons making up the Marina are landing places, jetties, or stages within the statutory definition of 'dock', entitling the Claimant to limit liability. The Defendants' pleading on loss of right to limit, as amended, just meets the threshold for a real prospect of success and is not struck out. The quantum of limitation is to be calculated by reference to the largest vessel in the Marina, not the harbour, and the Defendants' argument to the contrary is struck out.

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
Admiralty Limitation Action / Application for Strike Out And/or Summary Judgment
Outcome
Application allowed in part; certain defences struck out; permission to amend granted; conditional order for security for costs made; summary judgment refused.
Legal Topics
Limitation of Liability, Definition of Dock, Personal Act or Omission, Statutory Interpretation
Admiralty Maritime Law Limitation of Liability Definition of Dock Personal Act or Omission Statutory Interpretation

Case Brief

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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

Admiralty Limitation Action / 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 with knowledge that damage would probably result
  3. 3 How the quantum of the limitation should be calculated

Ratio Decidendi

The pontoons making up the Marina are landing places, jetties, or stages within the statutory definition of 'dock', entitling the Claimant to limit liability. The Defendants' pleading on loss of right to limit, as amended, just meets the threshold for a real prospect of success and is not struck out. The quantum of limitation is to be calculated by reference to the largest vessel in the Marina, not the harbour, and the Defendants' argument to the contrary is struck out.

Court Disposition

Application allowed in part; certain defences struck out; permission to amend granted; conditional order for security for costs made; summary judgment refused.

Orders

  • Defence that the Claimant is not the owner of a dock and that limitation quantum should be based on the largest ferry struck out.
  • Permission to amend Defence regarding personal act or omission granted, subject to conditions.