MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors [2022] EWHC 2476 – 2 November 2022 (Baker J)

The MSC Flaminia suffered a cargo fire and explosion (originating in laden containers) causing, sadly, loss of life and personal injury and giving rise to numerous claims including for cargo damage.  Time Charterers (MSC) sought to limit their liability viz a viz Owners for damage to the Vessel, pursuant to Art.2.1 of the Amended 1976 Convention on Limitation of Liability: “Claims in respect of … loss or damage to property…occurring on board….and consequential loss”. MSC argued that Vessel damage was “consequential loss” flowing from cargo damage thus entitling them to limit under Art. 2.1. The Court disagreed:  Owners’ claim was for Vessel damage, not cargo damage.  MSC were solely time charterers, not cargo owners.  Owners’ claim was not, therefore, limitable.