Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The “Atlantik Confidence”) – QBD (Admlty Ct) (Teare J) [2016] EWHC 2412 (Admlty) – 11 October 2016

Limitation of liability – Conduct barring limitation – Vessel catching fire in Gulf of Aden and subsequently flooding and sinking – Owners seeking limitation decree – Whether owners barred from limiting liability – Whether loss resulted from owners’ personal act or omission committed with the intent to cause loss – Convention on Limitation for Liability of Maritime Claims 1976, article 4

On 30 March 2013 the geared bulk carrier Atlantik Confidence was in the Gulf of Aden in the course of a laden voyage from Ukraine to Oman, via Turkey. At about 05.30 an alarm indicated a fire in the unmanned engine room. Attempts were made to fight the fire. Shortly afterwards the vessel listed to port and her master and crew abandoned her into two lifeboats.