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England and Wales decisions
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The High Court struck out Stema UK’s attempt to advance an Article 1(4) limitation defence, holding it was barred by finality and abuse of process.
Reseau De Transport D'electricite v Costain Ltd [2025] EWHC 73 (Admlty) (20 January 2025)
The High Court struck out Stema UK’s attempt to raise an Article 1(4) limitation defence, holding it was barred by res judicata, estoppel, and abuse of process.
A charterer is not entitled to limit its liability to the shipowner under the 1976 Convention for losses suffered by the owner itself, as such claims are not within the scope of Article 2 and the Convention does not contemplate limitation for inter-insider claims; the appeal is dismissed on this basis.
Source excerpt
MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors (Re "MSC Flaminia" (No. 2)) [2023] EWCA Civ 1007 (01 September 2023)
The Court of Appeal held MSC could not limit liability under the 1976 Convention for Conti’s ship-damage-related claims arising from the MSC Flaminia explosion.
The High Court held that Conti’s claim against MSC was not subject to tonnage limitation because it was properly characterised as a claim for ship damage, not cargo damage.
MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors [2022] EWHC 2746 (Admlty) (02 November 2022)
High Court Admiralty decision on whether Conti’s casualty-related claims against MSC were subject to tonnage limitation under the Amended 1976 Convention.
MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors [2022] EWHC 835 (Admlty) (12 April 2022)
The High Court held that an arbitration award created issue estoppel preventing Conti from alleging MSC’s recklessness under Article 4 of the limitation convention.
The High Court held that an arbitration award estopped Conti from advancing an Article 4 limitation defence, dismissed that defence, and refused an anti-suit injunction and related declarations.
The court held that a Limitation Fund under English law could not be constituted by a P&I Club guarantee absent specific statutory provision, and maintained but reduced freezing relief.
Seismic Shipping Inc & Anor v Total E & P UK Plc [2005] EWCA Civ 985 (29 July 2005)
The Court of Appeal held that English courts could entertain a free-standing limitation claim under the 1976 Convention, and refused an anti-suit injunction against Texas proceedings.
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