As of 8 June 2015, the Amendments to the 1996 Protocol of the 1976 Limitation Convention are in force.
The 1976 Limitation Convention, the 1996 Protocol and the recent Amendments govern the liability of shipowners, managers, charterers and operators for loss of property and loss of life. They do not cover pollution claims (which are subject to separate conventions) or claims for salvage and General Average.
The limits for loss of property and loss of life are now increased. The table below shows the new limits for property claims and compares them to the old limits under the 1996 Protocol.
| 1996 Protocol Limit | 2015 New Limit | ||
|---|---|---|---|
| GRT | Limit (SDR) | GRT | Limit (SDR) |
| Up to 2000 | 1,000,000 | Up to 2000 | 1,510,000 |
| 2,001-30,000 | Add 400 per GRT | 2,001-30,000 | Add 604 per GRT |
| 30,001-70,000 | Add 300 per GRT | 30,001-70,000 | Add 453 per GRT |
| 70,001 and above | Add 200 per GRT | 70,001 and above | Add 302 per GRT |
The amendments and new limits apply to only those countries which have ratified the 1996 Protocol. This includes Australia, Denmark, Finland, Germany, Malta, Norway, Russia, Sierra Leone, Tonga and the U.K. Ratifying countries may, however, require national legislation to bring these amendments into force. Pending the enactment of national legislation, where required, there could be a transitional period during which the old 1996 Protocol limits will continue to apply.
Other countries may sign up to the new protocol and amendments over time. Countries are still permitted to set their own limits for vessels of less than 300 GRT.
The remaining 1976 Limitation countries will apply the older convention limits. Of course there are other countries which are still applying the 1957 limitation convention or other domestic legislation governing limitation.
In order to protect your interests it will be necessary to establish at the outset of the case the optimum jurisdiction for recovery claims. Therefore it is more important than ever that you inform us as soon as you are aware of a casualty in order that we can advise you on your options on jurisdiction to pursue your claims. We have extensive experience in selecting the best forum for our clients, and we can ensure your potential recovery is maximised.
Casualty & GA Department
