Holyhead Marina Ltd v Farrer

Subject Matter

ADMIRALTY — Dock owners — Limitation of liability — Provision allowing dock owners to limit liability for loss or damage to vessel — Definition of “dock” including “piers, stages, landing places and jetties” — Quantum of limit assessed by reference to tonnage of largest ship in area over which dock owners discharging functions — Claimant lessee of marina made up of floating pontoon seeking to limit liability following storm damage to craft moored in marina — Whether marina constituting pier, stage, landing place or jetty and therefore within statutory definition of “dock” — Whether claimant discharging functions over harbour in which marina situated — Whether liability limited by reference to tonnage of largest ship using harbour — Merchant Shipping Act 1995 (c 21), s 191(2)(4)(9)

[2020] EWHC 1750 (Admlty); [2021] Bus LR 75; [2021] 2 Lloyd's Rep 221; [2020] WLR(D) 395, QBD

ADMIRALTY — Dock owners — Limitation of liability — Provision allowing dock owners to limit liability for loss or damage to vessel — Definition of “dock” including “stages, landing places and jetties” — Whether marina made up of floating pontoons within definition — Merchant Shipping Act 1995 (c 21), s 191(9)

[2021] EWCA Civ 1585; [2021] Bus LR 1874; [2022] 2 All ER (Comm) 979; [2022] 1 Lloyd's Rep 463; [2021] WLR(D) 554, CA

Appellate History