||All England Reporter
|| All ER (D) 418 (Nov)
|| EWHC 2452 (Admlty)
||Nicholas Saunders (instructed by Constant & Constant) for the claimants.
||Elizabeth Blackburn QC (instructed by Richards Butler) for the defendants.
||28 November 2002
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.
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.
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