Maritime Transport Act 1994

87 Calculation of limits of liability

• (1) Subject to subsection (4), the limit of liability for the purposes of this Part in respect of claims for loss of life or personal injury (other than claims specified in subsection (2)) shall be as follows:

  • (a) in the case of a ship of not more than 300 gross tons, 166 677 units of account:

  • (b) in the case of a ship of more than 300 gross tons, but not more than 500 gross tons, 333 000 units of account:

  • (c) in the case of a ship of more than 500 gross tons, 333 000 units of account plus a further number of units of account calculated as follows:

    • (i) for each gross ton of the ship from 501 to 3 000 tons, 500 units of account; and

    • (ii) for each gross ton of the ship from 3 001 to 30 000 tons, 333 units of account; and

    • (iii) for each gross ton of the ship from 30 001 to 70 000 tons, 250 units of account; and

    • (iv) for each gross ton of the ship in excess of 70 000 tons, 167 units of account.

  (2) The limit of liability of the owner of a ship (including any person for whom that owner is responsible) in respect of claims for the loss of life of, or injury to, passengers of that ship, shall be 46 666 units of account multiplied by the number of passengers which the ship is authorised to carry, up to a maximum limit of 25 000 000 units of account.

  (3) The limit of liability in respect of any claim other than a claim for which a limit is set under subsection (1) or subsection (2) shall be—

  • (a) in the case of a ship of not more than 300 gross tons, 83 333 units of account:

  • (b) in the case of a ship of more than 300 gross tons, but not more than 500 gross tons, 167 000 units of account:

  • (c) in the case of a ship of more than 500 gross tons, 167 000 units of account plus a further number of units of account calculated as follows:

    • (i) for each gross ton of the ship from 501 to 30 000 tons, 167 units of account; and

    • (ii) for each gross ton of the ship from 30 001 to 70 000 tons, 125 units of account; and

    • (iii) for each gross ton of the ship in excess of 70 000 tons, 83 units of account.

  (4) Where the amount available under the limit of liability calculated in accordance with subsection (1) is insufficient to pay all relevant claims under that subsection in full,—

  • (a) the amount available under the limit calculated in accordance with subsection (3) shall also be available for payment of the unpaid balance of any such claims; and

  • (b) that unpaid balance shall rank rateably with claims under subsection (3).

  (5) For the purposes of this section,—

  • (a) the limits of liability for any salvor not operating from any ship, or for any salvor operating solely on the ship to or in respect of which the salvor is rendering salvage services, shall be calculated as if the salvor were operating from a ship of 1 500 gross tons:

  • (b) the tonnage of a ship shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships 1969, and regulations and maritime rules made under this Act:

  • (c) where the gross tonnage of a ship is unable to be ascertained,—

    • (i) the Director, on receiving from or by the direction of the court hearing the case in which the tonnage of the ship is in question such evidence of the dimensions of the ship as is available, shall estimate what the gross tonnage of the ship would have been if the ship had been duly measured in accordance with the relevant tonnage measurement rules, and give a certificate of the tonnage as estimated by the Director; and

    • (ii) the tonnage so estimated shall be taken to be the gross tonnage of the ship:

  • (d) the reference in subsection (2) to claims for the loss of life of, or personal injury to, passengers of a ship refers to claims brought by, through, or on behalf of any person carried in that ship—

    • (i) under a contract of passenger carriage; or

    • (ii) who, with the consent of the carrier, was accompanying a vehicle or live animals carried under a contract for the carriage of goods.

  Compare: 1952 No 49 s 462; 1987 No 184 s 22(1)