The Smjeli Q.B.D. (Adm.Ct.) (Sheen J.) - 27 April 1982

Limitation action - Actual fault or privity - Quantum of limitation

The tug Smjeli was towing a dumb barge laden with steel oil rig sections from Rotterdam to Yugoslavia. The towing hawser parted off Dungeness and the barge, driven by a southerly gale, went aground near Folkestone. The defendant shipowners admitted that the master of the tug was negligent but claimed to limit their liability under section 503 of the Merchant Shipping Act 1894 as amended, to £23,602 - based on the tonnage of the tug Smjeli alone.