10 Limitation of Liability for Maritime Claims
Sarah C. Derrington, James M. Turner
Sarah Derrington, James M Turner QC
10.01 ‘Ships are different …’. The ‘difference’ addressed in the articles which bear that title1 is the privilege afforded to a shipowner (and others) in certain circumstances to limit liability arising out of a single occurrence in accordance with the tonnage of his ship. In all of the jurisdictions covered in this work, this can be achieved either by way of defence (binding only on the parties to the particular action) or by way of action for a decree (to ‘bind the world’),2 which may or may not (depending on the law of the country in question and/or the...