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Stema Shipping (UK) v RTE - The Stema Barge II

76 bytes added, 14:15, 7 March 2022
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'''Background'''
The fuller facts and background to the case can be found in the background section of the High Court case note, which can be found [[Link titlehttps://www.onlinedmc.co.uk/index.php/Splitt_Chartering_&_Ors_v_SAGA_Shipholding_&_Ors]]here.
In summary, the issue on this appeal was whether, on 20 November 2016, Stema UK was "the manager or operator" of “STEMA BARGE II” ("the barge") within the meaning of article 1(2) of the Convention for the Limitation of Maritime Claims 1976 (the “Limitation Convention” – fn.1). Early that morning, whilst off Dover, the barge's anchor dragged during a storm and damaged an underwater cable owned by the RTE. The issue arose because Stema UK was the receiver of the cargo on the unmanned barge and did not have any formal role in respect of the barge's management or operation, but its personnel did operate the machinery of the barge whilst off Dover and were involved in monitoring the weather and in the decision to leave the barge at anchor during the storm.