ABSTRACT

In 1681 a provision was introduced into French law providing for limitation by abandonment. The development of limitation for the benefit of shipowners under English law occurred by means of a series of ad hoc reactive legislative measures. One oddity of the English system of limitation was that it was not overseen and regulated by the Admiralty Court. English law rules of statutory construction apply. By contrast, because the limitation provisions enacted into English law by means of section 185 originate in an international treaty a different approach to interpretation is required for limitation cases. The 1957 conference held in Brussels led to a new convention which achieved a far greater degree of international acceptance than the 1924 Convention. The limits in the 1996 Protocol were significantly increased by the International Maritime Organisation by a resolution of its Legal Committee at its 99th session in London on 19 April 2012.