Decision ID: 003270

In February 1996 the 1971 Fund Executive Committee noted that according to two decisions by the Spanish Supreme Court relating to the 1957 Convention relating to the limitation of liability of owners of sea-going ships and a statement in a decision by the Spanish Supreme Court regarding the 1976 Convention on limitation of liability for maritime claims, the shipowner was not entitled to limit his liability if the master had been guilty of a criminal act. The Committee drew attention to the fact that under the 1969 Civil Liability Convention, the shipowner could be deprived of the right to limit his liability only if the incident occurred as a result of the actual fault or privity of the owner (Article V.2), and that no claims for compensation could be brought against the owner otherwise than in accordance with the Convention.

Date: 01.02.1996
Categories: Application of the Conventions, Financial limits, limitation proceedings and indemnification, Legal actions
Subjects: Channelling provisions under Article III.4 of the 1969 and 1992 Civil Liability Conventions, Shipowner's right of limitation of liability, Shipowner's right of limitation liability