ABSTRACT
This chapter gives an overview of some of the recent cases and developments in six areas: conduct barring limitation, the timing of limitation proceedings, the combination of limitation funds, the place of constitution of the limitation fund, contracting out of the right to limit and salvage and wreck removal. Limitation of liability was refused because neither the carrier nor the barge’s master had performed the required stability calculations. The fact that the shipper had mis-declared the weight of the containers was considered irrelevant, as the barge’s stability would have been negative even if the calculation had been performed using the declared weights. Interpretation principle provides that the loss of entitlement to limit liability should begin where the level of culpability is such that insurability ends. The clause in the Cape Bari did not explicitly refer to limitation of liability or the LLMC Convention. The provision in the Rules of Navigation of the Suez Canal, by contrast, does.
