ABSTRACT

This chapter analyses the impact of notable developments on law and practice. Limitation of liability remains a very important issue in the context of maritime law as it has implications for the availability and pricing of liability insurance and the concept is likely to be with us for a foreseeable period of time. The UK is a party to the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims 1976. The Protocol increased the limits that were specified by the 1976 Convention by approximately 250 per cent and also specified that the limits could be increased in future pursuant to the "tacit acceptance" procedure. The owners of The Eleni commenced a limitation action in Hong Kong and constituted a limitation fund following the issuance of a limitation decree by the Hong Kong court. Perhaps surprisingly, the issue does not seem to have been considered by the Canadian Supreme Court.