Lloyd's Maritime and Commercial Law Quarterly
NEW LIMITS FOR PASSENGERS AND OTHERS IN THE UNITED KINGDOM
Nicholas Gaskell*
The aim of this article
1
is to discuss two separate, but related, issues. These are (i) the changes which will be introduced by the 1996 Protocol to the 1976 Limitation Convention (as it will be enacted in the United Kingdom), in particular the increases in limits of liability, and (ii) the relationship between the changes made by the 1996 Protocol in respect of passenger claims and the proposed revision of the Athens Convention 1974.
A. INTRODUCTION
1. Existing Conventions
There have been three attempts to achieve international uniformity of the law on limitation of liability for maritime claims with Conventions in 1924, 1957 and 1976, of which the 1957 Limitation Convention and the 1976 Limitation Convention are the most important. Although the Convention on Limitation of Liability for Maritime Claims 1976 (the 1976 Limitation Convention2) is in force, it has not replaced the 1957 Limitation Convention, which still has more States Parties.3 It took 10 years for the 1976 Limitation Convention to enter into force and even by then the limits of liability could be said to have become out of date. Within the International Maritime Organization (IMO) work was underway in the 1980s and 1990s to increase limits of liability in the pollution Conventions. This work saw the introduction of the 1992 Protocols to the International Convention on Civil Liability for Oil Pollution Damage 1969 (CLC 1969) and to the International Convention on the Establishment of a Fund for Compensation for Oil Pollution Damage 1971 (the Fund Convention 1971). These Conventions are now in force internationally and in the UK.4
2. HNS Convention 1996
From 1992 attention was paid to producing a new Convention on liability for hazardous and noxious substances other than oil. This work had started long before, but it proved
* Professor of Maritime and Commercial Law, Director of the Institute of Maritime Law, University of Southampton.
1. Based upon a paper delivered at “Limitation of Liability 1998”, a one-day Institute of Maritime Law conference, 11 March 1998.
2. Note that the official IMO abbreviation for this Convention is the “LLMC 1976”.
3. See, generally, Ratification of Maritime Conventions (LLP, London).
4. See the Merchant Shipping Act 1995, Part VI, Ch. III.
312