The Judge noted that the textbooks and commentaries indicated the decision in The “Limnos” was not altogether satisfactory and somewhat anomalous and did not provide him with any ready solution. As such, the Judge had to decide the case on the basis of the arguments that had been addressed to him.

In view of the above construction of Article IV r.5 (a), the liability of the Defendant Contractual Carriers in respect of the Claimant Cargo Interests’ liability to the Salvors was limited to 2 SDRs per kilogramme of the whole cargo. Likewise, the liability of the Defendant in respect of the on-shipment costs incurred by the Claimant was limited to 2 SDRs per kilogramme of the whole cargo.