Caspian Basin Specialised Emergency Salvage Administration and Another v Bouygues Offshore SA and Others ; Ultisol Transport Contractors Ltd v Bouygues Offshore SA and Others
| Jurisdiction | England & Wales |
| Judge | Rix J |
| Judgment Date | 30 April 1997 |
| Court | Queen's Bench Division (Admiralty) |
| Date | 30 April 1997 |
Admiralty Court, Queen's Bench Division
Before Mr Justice Rix
Merchant shipping - limitation of damages - prior fixing of liability not required
It was not necessary for liability to be established or admitted before a limitation action under the Merchant Shipping Act 1995 could be commenced, or a declaration of limitation obtained.
Mr Justice Rix so held in the Admiralty Court of the Queen's Bench Division in a reserved judgment, inter alia, granting the plaintiffs' applications for declarations limiting their liability, if any, in connection with the loss of a barge owned by the first defendant, Bouygues Offshore SA.
The barge was being towed to Cape Town, South Africa, pursuant to a charterparty between Bouygues and Ultisol. The tug was owned by Caspian and chartered by Ultisol. The barge was lost off the coast of South Africa.
Bouygues had commenced proceedings against Caspian and Ultisol in South Africa and in England, alleging, inter alia, misrepresentation and claiming damages in excess of £50 million. Both Caspian and Ultisol had commenced limitation actions in England under what became the Merchant Shipping Act 1995, and had made applications for declarations...
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Aegean Sea Traders Corporation v Repsol Petroleo SA ('The Aegean Sea') [QBD (Admiralty)]
...2.1, “whatever the basis of the liability may be”. In Caspian Basin Specialised Emergency Salvage Administration v Bouygues Offshore SA[1997] CLC 1463, Rix J expressed the principle in these terms at p. 1483B: “this approach is confirmed by the convention's wording “whatever the basis of li......
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Herceg Novi (Owners) v Ming Galaxy (Owners)
... ... of the MING GALAXY are Yangming Marine Transport Corporation of Taiwan. The owners of each vessel ... Shipping (Liability of Shipowners and Others) Act 1958 those amounts were altered: £15 became ... 's preference for one Convention over another is a very complicated matter, very often dictated ... In Caspian Basin Specialised Emergency Salvage n v. Bouygues Offshore SA (1997) 2 Ll.R. 507 the contest was ... ...
- Bouygues Offshore SA v Caspian Shipping Company [QBD (Admiralty)]
- Bouygues Offshore S.A. v Caspian Shipping Company (No. 5)