MSC Mediterranean Shipping Co SA v Delumar and Ors (The ‘MSC Rosa M’) - QBD (Admlty Ct)(David Steel J) - 13 July 2000

Limitation action - Whether cargo interests raised arguable case that shipowners precluded from obtaining decree of limitation

The issue in this limitation action was whether the defendant cargo interests had raised an arguable case that the claimant shipowners were not entitled to a decree of limitation. It was common ground that the shipowners were entitled to a decree unless the cargo interests were able to invoke Article 4 of the 1976 Convention on Limitation of Liability for Maritime Claims, and that the burden of proof on that issue lay upon the cargo interests. Article 4 provided: