Carnival Cruise Line Incorporated v. The owners of the ship Capitan San Luis - Q.B.D. (Adm.Ct.) (Clarke J.) - 30 July 1993

Limitation of liability - Principle to be adopted relating to award of costs when determining limitation issues under 1976 Convention

On 10 February 1989 the defendants’ vessel Captain San Luis and the plaintiffs’ cruise liner Celebration collided off the coast of Cuba. The plaintiffs issued a writ in rem and a statement of claim. The defendants served a defence and counterclaim. In the defence and counterclaim the defendants asserted that they were entitled (if necessary) to limit their liability pursuant to the Merchant Shipping Act 1979 and the Convention on Limitation of Liability 1976, and counterclaimed a declaration that they were entitled to limit their liability.