Limitation of liability

Nov 102 min read

Fatigue and Fault: The Yochow Allision

In The Yochow [2024] , the helmsman made two steering errors in quick succession while under pilotage. The second error resulted in a...

Siddharth Mahajan

Apr 2, 20232 min read

Limitation of liability

Limiting liability and 'any distinction occasion' under LLMC'76

Whether a shipowner has to establish a single limitation fund or more to meet all claims arising following an incident depends on whether...

Siddharth Mahajan

Feb 12, 20232 min read

Limitation of liability

Is a claim by the shipowner against time charterer for damage to vessel limitable?

When there is a cargo fire and that consequently damages the vessel also, then can the time charterer limit its liability towards the...

Siddharth Mahajan

Jul 31, 20221 min read

Seaworthiness

Savage & vicious nature of a crew member, and owner's liability for unseaworthiness

Can a vessel be deemed unseaworthy due to the violent nature of a crew member? In The Captain Billy Haver [2021], first mate was murdered...

Siddharth Mahajan

Jun 26, 20222 min read

Limitation of liability

Aware of deficient bridge watchkeeping practices? Act or loose the right to limit liability (in US)

Many may recall the collision between U.S.S. John S. Mccain and Alnic in Singapore Straits. Liability was apportioned 80-20 in favour of...

Siddharth Mahajan

Apr 15, 20222 min read

Limitation of liability

If staying at berth in heavy weather, then vessel's mooring analysis better be accurate

If a hurricane is about to hit the port, it is safer for vessels to unberth. If the decision is made to stay alongside then the managers...

Siddharth Mahajan

Jun 15, 20212 min read

Limitation of liability

Error by crew / owner & Limitation of Liability in US

Sluggish response to engine orders can get a ship into trouble, especially when there is a strong current. In the case of The American...

Siddharth Mahajan

Apr 24, 20211 min read

Limitation of liability

Limitation fund - where to constitute it?

Ship owners and certain other parties are entitled to limit their liability for maritime claims basis the vessel’s tonnage. In which...

Siddharth Mahajan

Dec 31, 20201 min read

Limitation of liability

Do duck boats & paddle boards have a close enough nexus to 'maritime'?

One of the hallmarks [and peculiarities] of maritime law is the right accorded to ship owners, charterers, operators etc. to limit their...

Siddharth Mahajan

Dec 31, 20201 min read

Limitation of liability

Who is the ‘operator of the ship’ for purposes of LLMC'76?

Rooted in antiquity is limitation of liability, a distinctive feature of maritime law that allows certain persons or entities to limit...

Siddharth Mahajan

Dec 31, 20201 min read

Admiralty

Can floating pontoons be considered 'a dock'?

Certain states such as UK allow dock owners too to limit their liability, just as ship owners, charterers etc. Questions can arise on...

Siddharth Mahajan

Dec 31, 20201 min read

Limitation of liability

Limitation of liability & forum shopping

Cap on liability can vary considerably depending on where proceedings are commenced. In collision cases where the damage to one of the...

Siddharth Mahajan

Aug 1, 20201 min read

Limitation of liability

LLMC'76 and its '96 protocol - damage caused by Wakashio in Mauritius

Damage done by the spill of 1200+mt of bunker oil from Wakashio off the Mauritius coast is no doubt an environmental catastrophe. Costs...

Siddharth Mahajan

Dec 31, 20191 min read

Hague Visby

Package limitation in Hague (Visby) Rules & Himalaya clause

Containers are used to ship goods worth millions. Cargo owners may find it harsh that often they might not be able to recover more than...

Siddharth Mahajan

Dec 31, 20191 min read

Limitation of liability

Suppliers & contractual limitation of liability

Can suppliers of marine spare parts rely on the contractual limitation of liability? Well, it depends a lot on the law of the place where...

Siddharth Mahajan

Sep 8, 20191 min read

Limitation of liability

Ultra wide limitation clauses - absolves repairers of all liabilities?

Every commercial contract is bound to have some sort of a limitation cl. incorporated. Some are quite wide as in The Triumphant Lady...

Siddharth Mahajan

Dec 16, 20181 min read

MARPOL / pollution

The Prestige sage - criminalization of seafarers & little regard for int'l compensation regimes

The recent Spanish top court's ruling in one of the many legal proceedings which followed after the sinking of 'Prestige' in 2002 has...

Siddharth Mahajan

Nov 25, 20181 min read

Limitation of liability

Forum shopping for limitation following a collision - Sanchi & CF Crystal

There is no natural forum for a collision case and this can lead to multiplicity in proceedings as was seen most recently in The Sanchi....

Siddharth Mahajan

Sep 23, 20181 min read

Athens convention

Passenger claims on cruise ships - most appropriate forum for brining disability claim (UK or China)

A few months ago, China got its first ever case concerning cruise passenger injury on high seas. In The Saphire Princess a Chinese...

Siddharth Mahajan

Aug 12, 20181 min read

Admiralty

Forum for bringing a collision claim - is the place of incident more appropriate?

Collisions and available forums for bringing claims – The Al Khattiya [2018] provides useful guidance. The defendant’s vessel collided...

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