TODD AND OTHERS v. ADAMS AND CHOPE (T/A TRELAWNEY FISHING CO.) (THE “MARAGETHA MARIA”) [2002] EWCA Civ 509

[2002] 2 Lloyd's Rep. 293

COURT OF APPEAL

Before Lord Justice Thorpe, Lord Justice Manceand Mr. Justice Neuberger

Damages - Personal injury - Breach of statutory duty - Share fisherman - Fishing vessel capsized and sank with loss of all crew - Crew of vessel worked as share fishermen - Claimants alleged breach of statutory duty by owners of vessel - Whether Fishing Vessel (Safety Provisions) Rules, 1975 imposed civil liability on owners if rules breached - Whether share fishermen were engaged under contracts of service - Whether owners entitled to limit liability