Introduction

8.1 The basic concept of limitation of liability for maritime claims is simple. It is that a shipowner or some other person connected to the operation of a ship (including a charterer or manager1) is entitled to limit his liability in respect of certain maritime claims arising out of an occurrence to a particular amount, irrespective of the total amount of such claims.2 The rationale usually cited in English case law and commentaries for the right to limit liability is the public policy in encouraging shipping and trade.3 This is said to override the competing public policy in compensating the victims of wrongdoing in full. So, for example, Lord Denning MR in The “Bramley Moore” 4 said5: