i-law

Litigation Letter

Limitation of damage

Seismic Shipping Inc and another v Total E & P UK plc QBD TLR 4 May

The claimants were respectively the owners and charterers of a survey vessel which they admitted had caused damage to a well head installation owned by the defendants. Although there were no underlying legal or arbitral proceedings commenced in London, nevertheless the English court did have jurisdiction to entertain the claimants’ application to limit their liability by reference to the vessel’s tonnage and to give all necessary and proper directions for ascertaining liability and discharging that liability.

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