Merchant Shipping Act 1995, section 187

Damage or loss: apportionment of liability

Part VII Liability of Shipowners and Others

(1)Where, by the fault of two or more ships, damage or loss is caused to one or more of those ships, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was in fault.

(2)If, in any such case, having regard to all the circumstances, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.

(3)This section applies to persons other than the owners of a ship who are responsible for the fault of the ships, as well as to the owners of a ship and where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the ship, this section applies to the charterers or other persons for the time being so responsible instead of the owners.

(4)Nothing in this section shall operate so as to render any ship liable for any loss or damage to which the fault of the ship has not contributed.

(5)Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.

(6) In this section “freight” includes passage money and hire.

(7)In this section references to damage or loss caused by the fault of a ship include references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.

Definitions used in section 187 1

ship

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

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

Cases considering section 187 13

Evergreen Marine (UK) Ltd v Nautical Challenge Ltd (Rev 1)

[2018] EWCA Civ 2173 · 5 October 2018Interprets

Interprets the statutory apportionment scheme as requiring liability to be assessed by reference to each vessel’s degree of fault, including culpability and causative potency. (see paras [111]-[124]) Applies the proportional-liability rule where damage or loss is caused by the fault of two or more ships. The court assessed the relative fault of both vessels. (see paras [112]; [123]-[125]) Confirms that apportionment is not restricted to an equal division where different degrees of fault can be established. The court rejected any rule excluding the extent and severity of damage from causative potency. (see paras [112]; [116]; [123]-[125])

The Owners of the “X-Press Mahanada” v The Owners of the “Burgan”

[2025] EWHC 721 (Admlty) · 26 March 2025

The court applied section 187(1) to apportion liability for damage caused by the fault of two or more vessels in proportion to the degree in which each vessel was at fault. The provision supported assessing the absent vessel’s contribution and allocating 65% to BURGAN and 35% to SHAKTI SANCHAR. (see paras [133]-[150])

Denver Maritime Limited v Belpareil AS

[2024] EWHC 362 (Admlty) · 26 February 2024

Applies section 187 to apportion responsibility for a collision between vessels at fault on both sides. The court assessed the parties’ respective blameworthiness and causative potency, concluding that liability should be apportioned 70% to Belpareil and 30% to Kiran Australia (see paras [8]; [139]-[145]).

What each judgment says about section 187 is in the case-law panel in the full Act.