ABSTRACT
The right to limit is extended to ‘any persons for whose act, neglect or default the shipowner or salvor is responsible’.9 The purpose of this provision is to prevent claimants avoiding the limitation regime by proceeding against the servants or agents of the shipowner or salvor. Limitation is also possible in respect of undefended in rem claims10 and in respect of direct action claims against insurers. 11
Article 2 provides the following six headings of claim in respect of which limitation can be claimed:
(a) claims in respect of loss of life or personal injury or loss or damage to property
(including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
(b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;
(d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;
(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;
(f) claims of a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
