Splitt Chartering APS and Others v Saga Shipholding Norway AS and Others (The “Stema Barge II”) – Court of Appeal (Phillips LJ, Sir David Richards and Sir Launcelot Henderson) [2021] EWCA Civ 1880 – 15 December 2021

Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability under Limitation Convention 1976

In November 2016 repairs were being carried out to support the railway line on the seafront above Shakespeare Beach between Dover and Folkestone. The repairs required the provision of rocks (rock armour) to support the line. Network Rail contracted with a consortium of contractors, one of which contracted with Stema Shipping (UK) Ltd (Stema UK) for the provision of the rock armour.