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Splitt Chartering & Ors v SAGA Shipholding & Ors

7 bytes added, 21:13, 12 January 2021
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'''Summary'''
'''This was the trial of an action in which the third Claimant, Stema Shipping (UK) Limited (“Stema UK”), sought to limit its liability under Article 1(2) of the Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”) as the “operator” of an unmanned barge which, whilst it was at anchor off Dover in November 2016, dragged its anchor in a storm and damaged an undersea electricity cable. At issue was the meaning of “operator of a seagoing ship” under Article 1(2) and whether Stema (UK) fell within that class of persons.''' '''Teare J held that the ordinary meaning of “operator” of a ship extends beyond the manager of the ship and includes an entity which, with the permission of the owner, directs its employees – as in this case - to board an unmanned ship and operate her in the ordinary course of that ship’s business. In the light of the activities performed by Stema (UK), with the permission of the owner, the judge held that it fell within the definition of “operator” and was entitled to limit its liability accordingly.'''
The Case Note has been contributed by Candice Lau, BBA (Law), LLB (HKU), LLM (Cantab), a barrister at Alan Leong SC’s Chambers, Hong Kong.

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