Merchant Shipping Act 1995, section 185

Limitation of liability for maritime claims

Part VII Liability of Shipowners and Others

(1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976 as set out in Part I of Schedule 7 (in this section and Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

(2)The provisions of Part II of that Schedule shall have effect in connection with the Convention, and subsection (1) above shall have effect subject to the provisions of that Part.

F242[F242 (2A) Her Majesty may by Order in Council make such modifications of Parts I and II of Schedule 7 as She considers appropriate in consequence of the revision of the Convention by the Protocol of 1996 amending the Convention (in this section referred to as “the 1996 Protocol”).

F242(2B)If it appears to Her Majesty in Council that the Government of the United Kingdom has agreed to any further revision of the Convention or to any revision of article 8 of the 1996 Protocol, She may by Order in Council make such modifications of Parts I and II of Schedule 7 and subsections (2C) and (2D) below as She considers appropriate in consequence of the revision.

F242(2C)The Secretary of State may by order make such amendments of Parts I and II of Schedule 7 as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 8 of the 1996 Protocol.

F242 (2D) In subsection (2C) above “a relevant limit” means any of the limits for the time being specified in either of the following provisions of the Convention—

(a)article 6, paragraph 1, and

(b)article 7, paragraph 1.

F242(2E)No modification made by virtue of subsection (2A), (2B) or (2C) above shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the modification comes into force.F242]

(3)The provisions having the force of law under this section shall apply in relation to Her Majesty’s ships as they apply in relation to other ships.

(4)The provisions having the force of law under this section shall not apply to any liability in respect of loss of life or personal injury caused to, or loss of or damage to any property of, a person who is on board the ship in question or employed in connection with that ship or with the salvage operations in question if—

(a)he is so on board or employed under a contract of service governed by the law of any part of the United Kingdom; and

(b)the liability arises from an occurrence which took place after the commencement of this Act.

In this subsection,

“ship” and “salvage operations” have the same meaning as in the Convention.

F243 (5)A draft of an Order in Council proposed to be made by virtue of subsection (2A) or (2B) above shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.

Definitions used in section 185 2

the Convention

1 In this Part of this Schedule “the Convention” means the Convention as set out in Part I of this Schedule and any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Defined in Sch.11 Pt.II · see it in the full Act

(1) The provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea as set out in Part I of Schedule 6 (hereafter in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

Defined in s.183(1) · see it in the full Act
ship

“ship” includes every description of vessel used in navigation;

Defined in s.313(1) · see it in the full Act

Cases considering section 185 15

Kairos Shipping Ltd & Anor v Enka & Co LLC & Ors

[2014] EWCA Civ 217 · 6 March 2014

Section 185 was treated as primary law which CPR provisions could not override if they excluded Article 11.2 guarantees (see paras [42]; [47]). Section 185(1) was treated as giving the Convention force of law in the United Kingdom, allowing Article 11.2 to confer the guarantee option domestically (see paras [10]; [24]).

Seismic Shipping Inc & Anor v Total E & P UK Plc

[2005] EWCA Civ 985 · 29 July 2005

The provision gives the 1976 Convention, as reproduced in Schedule 7, the force of law in the United Kingdom. The jurisdictional issue therefore depended upon the proper construction of that Convention (see paras [5]-[6]).

CMA CGM S.A. v Classica Shipping Co Ltd.

[2004] EWCA Civ 114 · 12 February 2004

Section 185 gives the 1976 Convention force of law in the United Kingdom. The Court therefore construed the Convention as an international instrument rather than through domestic-law preconceptions (see paras [3]; [9]).

1 more judgment, and what each says about section 185, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F242S. 185(2A)-(2E) inserted (17.7.1997) by 1997 c. 28, s. 15(1); S.I. 1997/1539, art. 2, Sch.
  2. F243S. 185(5) inserted (17.7.1997) by 1997 c. 28, s. 15(2); S.I. 1997/1539, art. 2, Sch.

Modifications

  1. C211S. 185 extended (with modifications) to specified colonies (30.11.1997) by S.I. 1997/2579, art. 2, Schs. 1, 2