Slot charterers' right to tonnage limitation
Slot charterers' right to tonnage limitation
The MSC Napoli was a container ship that got into trouble in the English Channel and was intentionally beached on the shores of Devon in early 2007. Comical scenes ensued as containers floated ashore and looters discovered that motorcycles and Persian rugs were lying around on the beach ready for taking. A limitation fund was soon constituted in England under the Convention on Limitation of Liability for Maritime Claims, 1976. Like many container liners, the Napoli had its slot charterers who were quickly sued in Germany (one of few major jurisdictions where it is clear that slot charterers are not entitled to limit) under the bills of lading. In Metvale Ltd v Monsanto International Sarl and others [2008] EWHC 3002 (Admlty), in a judgment dated 9 December 2008 on two preliminary issues, Mr Justice Teare decided that slot charterers were entitled to limit liability under the Convention and that the limitation fund constituted by shipowners in London would be deemed to be constituted also by the slot charterers.
3-4
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
March 2009
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Hjalmarsson, Johanna
(2009)
Slot charterers' right to tonnage limitation.
Shipping & Trade Law, 9 (2), .
Abstract
The MSC Napoli was a container ship that got into trouble in the English Channel and was intentionally beached on the shores of Devon in early 2007. Comical scenes ensued as containers floated ashore and looters discovered that motorcycles and Persian rugs were lying around on the beach ready for taking. A limitation fund was soon constituted in England under the Convention on Limitation of Liability for Maritime Claims, 1976. Like many container liners, the Napoli had its slot charterers who were quickly sued in Germany (one of few major jurisdictions where it is clear that slot charterers are not entitled to limit) under the bills of lading. In Metvale Ltd v Monsanto International Sarl and others [2008] EWHC 3002 (Admlty), in a judgment dated 9 December 2008 on two preliminary issues, Mr Justice Teare decided that slot charterers were entitled to limit liability under the Convention and that the limitation fund constituted by shipowners in London would be deemed to be constituted also by the slot charterers.
This record has no associated files available for download.
More information
Published date: March 2009
Identifiers
Local EPrints ID: 73151
URI: http://eprints.soton.ac.uk/id/eprint/73151
ISSN: 1471-9614
PURE UUID: 05e8ae18-ab0a-4808-bfc8-7ffddda5a30c
Catalogue record
Date deposited: 02 Mar 2010
Last modified: 11 Dec 2021 04:01
Export record
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics
