Splitt Chartering APS, RTE Réseau de Transport d'Electricité & Ors v Saga Shipholding Norway AS & Ors [2021] EWCA Civ 1880 – 15 December 2021

 The Respondent Receivers of cargo on board the unmanned Stema Barge II sought to limit their liability to RTE, owners of an underwater cable, damaged when the barge dragged anchor during a storm off Dover. The Receivers relied on their personnel’s operation of the barge’s machinery as rendering them “manager or operator”, entitling them to limit under Art.1(2) of the Limitation Convention. Reversing Teare J, the CA held the term “operator” must “entail more than mere operation of machinery” or provision of crew and a higher level of operation involving “management or control” was required for Receivers to avail themselves of the limitation. The appeal was allowed.