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CHAPTER 8 Limitation claims

Admiralty Jurisdiction and Practice

Page 287 CHAPTER 8 Limitation claims Introduction 8.1 The concept of limitation of liability is simple. It is that a shipowner or some other person connected to the operation of a ship (such as a charterer or manager 1 ) is entitled to limit his liability in respect of certain maritime claims arising out of an occurrence to a particular amount, irrespective of the total amount of such claims. 2 The rationale usually cited in English case law and commentaries for the right to limit liability is the public policy in encouraging shipping and trade. 3 This is said to override the competing public policy in compensating the victims of wrongdoing in full. So, for example, Lord Denning MR in The “Bramley Moore” 4 said 5 :

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