Todd v Adams (The "Margaretha Maria") - Court of Appeal (Thorpe and Mance LJJ and Neuberger J) - 18 April 2002

Tort - Whether contraventions of Fishing Vessel (Safety Provisions) Rules 1975 give rise to civil actions for breach of statutory duty Limitation - Whether owners of fishing vessels crewed by "share fishermen" entitled to limit liability under Merchant Shipping Act 1995 in respect of loss of life or personal injury

On 11 November 1997 the beam trawler Margaretha Maria capsized and sank with all hands off Lizard Point, Cornwall. The claimants were dependants and relatives of the crew members, and they brought proceedings against the owners of the vessel claiming damages under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934. The claimants alleged (1) that the defendants were in breach of statutory duty under Rule 16 of the Fishing Vessel (Safety Provisions) Rules 1975 ("the Rules"), which provided that vessels over 12 metres in length had to satisfy certain stability criteria, and (2) that the defendants negligently failed to provide a safe system of work on board the vessel. The defendants denied the breaches. They specifically denied that the Rules imposed any civil liability on the defendants if there was a breach of them that caused personal injury or death to crew members. Alternatively, they said that they were entitled to limit their liability for loss of life claims under section 185(1) and Part 1 of Schedule 7 to the Merchant Shipping Act 1995 ("the 1995 Act").