A look into the Convention on Limitation of Liability for Maritime Claims. 19/03/ Ahead of LLMC Increases ICS Supports IMO Agreement. 20/04/ Convention on limitation of liability for maritime claims, (with final act). Concluded at London on 19 November. Authentic texts: English, French. International Convention relating to the Limitation of the Liability of Owners of LLMC Convention on Limitation of Liability for Maritime Claims,
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Steamship Mutual – Yacht Claims and the Limitation of Liability for Maritime Claims Conventions
The limits provided by the LLMC are determined by the tonnage of the vessel and there can be large disparities between the quantum of a claim and the level of limitation. The limits are reviewed periodically by the Legal Committee of the International Maritime Organization and adjusted as deemed necessary.
Under English law, secondary legislation incorporating the increases came into effect on 30 November Despite the significant recent increase in the limits, the LLMC can still be important when handling superyacht claims where the tonnage and, therefore, limitation is typically much lower than commercial ships.
Under the latest convetion, liability for property damage claims for any vessel under 2,gt will be limited to SDR 1. A large number of superyachts and most if not all of their toys, rigid inflatable boats “RIB” and tenders, fall within this 2,gt limit.
Sheen J contrasted the construction vonvention a jet ski with that of a boat, which conveyed an idea of a concave structure that could be boarded. The fact that a vessel was capable of being used in navigation was sufficient to fall within the definition of ship, even if, at the time of the incident, it was not being used in that way. A collision took place between two jet skis in Weymouth harbour cinvention one rider was seriously injured.
The defendant was accused of criminal offences under the Merchant Shipping Act.
Crafts that were used simply for fun and with no objective of going anywhere were not considered to be ships. If the Athens Convention did not apply, the three year personal injury time bar applied.
The effect of limitation can be surprising.
Be that as it may, it can be a valuable tool if faced with a significant property damage or personal injury claim. The facts of each case need to be carefully examined before seeking to rely on the limits of the LLMC, particularly if the claim involves a yacht, its tender or toys.
So if a claim arose on a tender used solely for pleasure purposes, might this bring about a different outcome than if that same tender were used to ferry crew or passengers to and from the shore? The answer, we think, is far from clear. Latest Limits The limits provided by the LLMC are determined by the tonnage of the vessel and there can be large disparities between the quantum of a claim and the level of limitation.
Conclusion The effect of limitation can be surprising. September PDF Version.