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High Court Louise Glover High Court Louise Glover

Sea Consortium Pte Ltd (t/a X-Press Feeders) & Ors v Bengal Tiger Line Pte Ltd & Ors [2024] EWHC 3174 (Admlty) (12 December 2024)

Disputes arose following the fire and subsequent sinking of the container vessel “X-press Pearl”. The Vessel was subject to various contractual arrangements at the time of the sinking including a bareboat and a time-charter. Time charterers had made further contractual arrangements including (i) a transport services agreement with Maersk (ii) a slot contract with BTL and (iii) a connecting carrier agreement with MSC. Time charterers had constituted a limitation fund under the 1976 Convention. Maersk, BTL and MSC sought, and the Court granted, a declaration that they too were entitled to limit liability under the Convention, as each was a ‘shipowner’ within Article 1(2) of the Convention.

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