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Lloyd's Maritime and Commercial Law Quarterly

LIABILITY FOR PILOT’S NEGLIGENCE UNDER BELGIAN LAW

In the Belgian Moniteur (official gazette) of 17 September 1988, the Ministry of Communications published the law dated 30 August 1988 which amends the existing law on the pilotage of sea-going vessels (the law of 3 November 1967). Paragraph 2 of the single article of the new law provides that the new law “has a retrospective effect in time for a period of 30 years starting from today”. Briefly, para. 1 of the law provides that those who organize pilotage services cannot, directly or indirectly, be held liable for any damage sustained or caused by vessels under pilotage, not can they be held responsible for damage resulting from any incorrect information or instruction given to sea-going vessels such as radar assistance, soundings, buoys, etc. The pilots themselves are only responsible for damage caused by their intentional fault or gross negligence, and in the latter case only up to a limit of B.F. 500,000 (about £7,500).
In countries with a democratic tradition, retrospective legislation has never been considered as consistent with sound and fair law-making. It is interesting to exam

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