ABSTRACT

The two most important international conventions relating to limitation have been the 1957 International Convention Relating to the Limitation of the Liability of Owners of Seagoing Ships , and the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC) . From 1 December 1986, UK law has applied the 1976 Convention, which was brought into effect by s 17, Sched 4 to the Merchant Shipping Act 1979 , now s 185 of the Merchant Shipping Act 1995 . This provides that the 1976 LLMC Convention shall have the force of law in the UK. The Convention’s provisions are set out in Sched 7 of the Act. Prior to that date, UK law applied the 1957 Convention, itself based on the structure of the limitation provisions contained in s 503 of the Merchant Shipping Act 1894 . The principal difference between the two conventions is that the 1976 Convention calculates limitation in a different manner from that adopted by the 1957 Convention and produces higher limitation fi gures. However, as a quid pro quo for shipowning interests, it has now become almost impossible for a shipowner to lose the right to limit on the basis of its misconduct. The 1957 Convention still applies in a great number of states.