MSC Mediterranean Shipping Co SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS "MSC Flaminia" [2025] UKSC 14

The limits of limitation of liability

In The MSC Flaminia the UK Supreme Court considered the scope of article 2 of the Convention on Limitation of Liability for Maritime Claims 1976 as amended. The court rejected the "insiders" and "outsiders" analysis. Focusing on the nature of claims, the court held that the charterer was permitted to limit liability in relation to claims by the shipowner, but only those claims eligible to be limited on a close reading of article 2(1).