05 August 2016
Bahamas Oil Refining Company International Ltd v Owners of the Cape Bari Tankschiffahrts GMBH & Co KG (Bahamas) [2016] UKPC 20, [2016] All ER (D) 125 (Jul)
The Privy Council advised that it was permissible for the owner of a vessel to contract out of or waive their statutory right of limitation under the Merchant Shipping (Maritime Claims Limitation of Liability) Act 1989 of the Bahamas and the Convention on Limitation of Liability for Maritime Claims 1976. In the present appeal, on the true construction of an agreement between the parties, the respondents had not contracted out of that Act and Convention.
