Bahamas Oil Refining Co International Ltd v The Owners of the Cape Bari Tankschiffahrtsgesellschaft mbH & Co KG (The “Cape Bari”) [2016] UKPC 20 – 19 July 2016

Limitation of liability – Contracting out – Whether shipowners entitled to contract out of statutory right of limitation under 1976 Convention – Whether parties did in fact agree to exclude owners’ right to limit liability

On 25 May 2012, during a berthing operation, the vessel Cape Bari collided with Sea Berth no 10 at Freeport in Grand Bahama. The owner of Sea Berth no 10 (BORCO) claimed damages from the owners of the vessel in the amount of US$22 million, plus interest.