Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors [2020]

Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors [2020] EWHC 1294— 22 May 2020 (Teare J)

“Further to €55 M damage caused to RTE's underwater electricity cable by the anchor of the barge STEMA BARGE II, three related companies, respectively her Owners, Charterers and Operators, claimed to limit their liabilities to £5.5 M based on tonnage. Disputes arose as to Stema UK's qualification as "operator of the ship" and its entitlement to limitation pursuant to the Limitation Convention 1976. in the absence of authority on the meaning of operator or manager and taking into account the difference between conventional merchant ships and dumb barges, the Court was satisfied with the evidence that the limited services (typical of managers) offered by Stema UK were sufficient to make it appropriate to describe it as the "operator" of the barge. The company was therefore entitled to limit its liability.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
27th May 2020