Source: All England Reporter
Publisher Citation: [2002] All ER (D) 418 (Nov)
Neutral Citation: [2002] EWHC 2452 (Admlty)
Court: Admiralty Court
Judge:

Gross J

Representation Nicholas Saunders (instructed by Constant & Constant) for the claimants.
  Elizabeth Blackburn QC (instructed by Richards Butler) for the defendants.
Judgment Dates: 28 November 2002

Catchwords

Shipping and navigation - Merchant shipping - Civil liability - Limitation of liability - Real prospect of successfully challenging limitation - Convention on Limitation of Liability for Maritime Claims 1976, art 4.

The Case

Although only truly exceptional cases would give rise to any real prospect, under art4 of the Convention on Limitation of Liability for Maritime Claims 1976, of defeating a ship owner's right to limit his liability in damages, in all the circumstances, the instant case was one. However, the mere intention to cross-examine a witness should he attend at trial was insufficient to disclose a real prospect of success under art4 given the burden of proof on the first defendant.

Practice Areas

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