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Limitation, liabilities, Holyhead Marina, marinas, docks, Storm Emma Home Publications Articles Limitation of Liability – How does it apply to a marina? Limitation of Liability – How does it apply to a marina? Publications Danielle Southey Published: November 26, 2020 Contact author Download article pdf Holyhead Marina Ltd v. Peter Farrer & others  [2020] EWHC 1750 (Admlty) Image In a  previous article we considered what constituted a ‘vessel’ for the purpose of limitation of liability. The recent case of Holyhead Marina Ltd v Peter Farrer & Others has again put the spotlight on who or what can benefit from the limitation provisions – this time in considering whether a marina falls within the definition of a ‘dock’ and so benefit from the right to limit liability. Background On 1 and 2 March 2018, Holyhead Marina, Wales, was hit by the North Easterly gales of Storm Emma. The damage sustained to the marina and the 89 vessels moored there was described as catastrophic with the pontoons breaking up or becoming completely detached. Holyhead Marina Ltd, the lessee of the marina (the ‘Marina’), sought to limit liability for claims they faced from the vessel owners for damage worth approximately £5 million. The Marina contended liability should be limited to £550,000 pursuant to the rights afforded under the Merchant Shipping Act 1995 (“MSA”). Mr Justice Teare handed down the Admiralty Court’s judgment following an application by the Marina to strike out part of the vessel owners’ (“the Defendants”) defence arguing that the Marina was not entitled to limit liability. The Marina also sought to strike out the argument that it had lost any right to limit because the damage resulted from its recklessness and with knowledge that the damage would likely occur. Dockowners' Right to Limit  The concept of limiting a shipowner’s liability was introduced in 1733 in a bid to increase the number of ships and to encourage international trade by sea. Initially, lim
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pi_circular Steamship Mutual ·2020-11-26

Limitation of Liability – How does it apply to a marina?

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