2,051
edits
Changes
From DMC
no edit summary
'''Comment'''
This case clearly explains that the “Single Liability Principle” presupposes the existence of valid claims and counterclaims as described and applied in The Khedive. The decision in the present case confirms that the “Single Liability Principle” is not applicable in cases where a party’s counterclaim is time-barred under s.8 MCA 1911. In the event of a ship collision where both vessels are at fault, shipowners who wish to seek a legal remedy should take care to issue their counterclaim against the other party before the time limit expires, else they will not be able to bring or maintain proceedings due to the effect of s.8 MCA 1911.
(1) No action shall be maintainable to enforce any claim or lien against a ship or her owners in respect of
(a) any damage or loss to another ship, her cargo or freight, or any property on board her, or damages for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former ship, whether such ship be wholly or partly in fault; or
(b) any salvage services
