|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 125 (Jul)|
|Neutral Citation:|| UKPC 20|
Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption and Lord Toulson
|Representation||Peter MacDonald Eggers QC, Oscar Johnson and Tara A Archer (instructed by Clyde & Co LLP) for the appellant.|
|Luke Parsons QC, Paul Henton and Kenra Parris-Whittaker (instructed by Reed Smith LLP) for the respondents.|
|Judgment Dates:||19 July 2016|
Shipping - Limitation of liability - Limitation by reference to tonnage of ship - Appellant seeking damages from respondent shipowners following collision between vessel and sea berth - Respondents contending limitation of liability by reference to Special Drawing Rights - Appellant contending respondents having waived right to do so by having signed conditions of use - Judge finding respondents not being entitled to limit liability having contracted out of right - Court of Appeal of Commonwealth of Bahamas allowing respondents' appeal on basis it not being permissible to contract out of right to limit - Whether it being permissible for owner of vessel to contract out of or waive statutory right of limitation - Whether, on true construction of conditions of use, parties having agreed to exclude respondents' right to limit liability - Merchant Shipping (Maritime Claims Limitation of Liability) Act 1989 of the Bahamas - 1969 Vienna Convention on the Law of Treaties, arts 31, 32 - Convention on Limitation of Liability for Maritime Claims 1976, arts 1, 2.1, 2.2.