Splitt Chartering APS & Ors. v Stema Shipping (UK) Limited & Ors.

Splitt Chartering APS & Ors. v Stema Shipping (UK) Limited & Ors.

Stema UK was not the operator or manager of the barge within the meaning of Article 1(2) of the Limitation Convention. Its role was limited to providing personnel and assistance under the direction and control of Stema A/S, the actual operator. The term 'operator' requires management and control, not mere physical operation. Therefore, Stema UK is not entitled to limit its liability under the Convention.

Parties
Claimant: Splitt Chartering APS; Claimant: Stema Shipping AS; Claimant: Mibau Baustoffhandel GmbH; Claimant/respondent: Stema Shipping (UK) Limited; Defendant: Saga Shipholding Norway AS; Defendant/appellant: RTE, Réseau de Transport d’Électricité SA; 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 and/or any consequent collisions or allisions
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Civil Appeal (admiralty) / Appeal From High Court Judgment
Outcome
Appeal allowed; Stema UK's claim for a declaration of entitlement to limit liability dismissed.
Legal Topics
Limitation of Liability, Definition of Shipowner, Operator and Manager Under Limitation Convention
Admiralty Maritime Law Limitation of Liability Definition of Shipowner Operator and Manager Under Limitation Convention

Case Brief

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Parties

Splitt Chartering APS

Claimant

Stema Shipping AS

Claimant

Mibau Baustoffhandel GmbH

Claimant

Stema Shipping (UK) Limited

Claimant/respondent

Saga Shipholding Norway AS

Defendant

RTE, Réseau de Transport d’Électricité SA

Defendant/appellant

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 and/or any consequent collisions or allisions

Defendant

Procedural Posture

Civil Appeal (admiralty) / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Stema UK was the 'operator' or 'manager' 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 under the Limitation Convention

Ratio Decidendi

Stema UK was not the operator or manager of the barge within the meaning of Article 1(2) of the Limitation Convention. Its role was limited to providing personnel and assistance under the direction and control of Stema A/S, the actual operator. The term 'operator' requires management and control, not mere physical operation. Therefore, Stema UK is not entitled to limit its liability under the Convention.

Court Disposition

Appeal allowed; Stema UK's claim for a declaration of entitlement to limit liability dismissed.

Orders

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