Summary

• The Court of Appeal has dismissed MSC's appeal, holding that it was not entitled to limit its liability for claims brought by owners Conti in respect of damage to the MSC Flaminia.
• The High Court had made a number of factual findings, with the result that the only claims remaining in issue were those based on costs which could be categorised as being incurred for the purpose of returning the Vessel to service under the charterparty, specifically those costs: (a) of discharging and decontaminating the cargo at Wilhemshaven; (b) of removing the contaminated water and burnt waste material from the Vessel; and (c) in relation to payments made to national authorities in respect of pollution prevention measures.
• The Court held that MSC, as charterer, was only entitled to limit its liability in respect of claims that originate with an entity which does not fall within the extended definition of "shipowner" in the 1976 Convention on Limitation of Liability for Maritime Claims.

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