MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors [2022] EWHC 835 – 12 April 2022 (Baker J)

Following a deadly fire caused by dangerous cargo, the Tribunal issued a series of Awards, finding Time Charterers MSC liable to Owners, albeit not finding them negligent.  MSC sought to limit liability under MSA 1995 (the Amended 1976 Convention). Owners challenged the right to limit, relying, inter alia, on Art.4 (excluding losses resulting “from [MSC’s] …act or omission, committed… recklessly”), arguing the Tribunal’s finding of no negligence obiter. The Court disagreed, ruling that the finding formed part of the final relief given by the Tribunal.  Art.4 was not available to Owners and MSC could limit.