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...
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Just maritime
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Siddharth Mahajan
- Feb 12, 2023
- 2 min
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...
280
Siddharth Mahajan
- Jul 31, 2022
- 1 min
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...
310
Siddharth Mahajan
- Jun 26, 2022
- 2 min
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...
230
Siddharth Mahajan
- Apr 15, 2022
- 2 min
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...
410
Siddharth Mahajan
- Jun 15, 2021
- 2 min
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...
30
Siddharth Mahajan
- Apr 24, 2021
- 1 min
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...
20
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
00
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
20
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
00
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
00
Siddharth Mahajan
- Aug 1, 2020
- 1 min
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...
60
Siddharth Mahajan
- Dec 31, 2019
- 1 min
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...
110
Siddharth Mahajan
- Dec 31, 2019
- 1 min
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...
30
Siddharth Mahajan
- Sep 8, 2019
- 1 min
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...
10
Siddharth Mahajan
- Dec 16, 2018
- 1 min
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...
20
Siddharth Mahajan
- Nov 25, 2018
- 1 min
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....
20
Siddharth Mahajan
- Sep 23, 2018
- 1 min
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...
10
Siddharth Mahajan
- Aug 12, 2018
- 1 min
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...
20
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