Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors

Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors

Stema UK, by placing personnel on board and physically operating the barge off Dover with the owner's permission, qualifies as 'operator' under Article 1(2) of the Limitation Convention and is entitled to limit its alleged liability.

Source-derived case information.

Parties
Claimant: Splitt Chartering APS; Claimant: Stema Shipping A/S; Claimant: Mibau Baustoffhandel GmbH; Claimant: Stema Shipping (UK) Limited; Defendant: Saga Shipholding Norway AS; Defendant: RTE Reseau de Transport d’Electricitie SA; Defendant: All other persons claiming or being entitled to claim damages by reason of the drifting and/or dragging of the 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
22 May 2020
Procedural Posture
Limitation Action / Trial
Outcome
Stema Shipping (UK) Limited is entitled to limit its alleged liability under the 1976 Limitation Convention.
Legal Topics
Limitation of Liability, Interpretation of International Conventions, Definition of Operator and Manager, Damage to Property, Merchant Shipping
Maritime Law Admiralty Law Limitation of Liability Interpretation of International Conventions Definition of Operator and Manager Damage to Property Merchant Shipping

Source-derived case record

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Parties

Splitt Chartering APS

Claimant

Stema Shipping A/S

Claimant

Mibau Baustoffhandel GmbH

Claimant

Stema Shipping (UK) Limited

Claimant

Saga Shipholding Norway AS

Defendant

RTE Reseau de Transport d’Electricitie SA

Defendant

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

Defendant

Procedural Posture

Limitation Action / Trial

Legal Issues

  1. 1 Whether Stema Shipping (UK) Limited is entitled to limit its alleged liability under the 1976 Limitation Convention as 'operator' of the ship
  2. 2 Interpretation of 'operator' and 'manager' under Article 1(2) of the Limitation Convention
  3. 3 Application of limitation of liability to claims for damage to property

Ratio Decidendi

Stema UK, by placing personnel on board and physically operating the barge off Dover with the owner's permission, qualifies as 'operator' under Article 1(2) of the Limitation Convention and is entitled to limit its alleged liability.

Court Disposition

Stema Shipping (UK) Limited is entitled to limit its alleged liability under the 1976 Limitation Convention.

Orders

  • Declaration that Stema UK is entitled to limit its alleged liability.
  • Limitation of liability applies to all claimants as per the Convention.