As of the 13th May 2004, the 1996 protocol of the 1976 limitation convention is in force.
The 1976 limitation convention, and the 1996 protocol governs the shipowners, managers & charterers? total liability for loss of property and loss of life. It does not cover pollution claims (which are subject to separate conventions) and claims for salvage and General Average.
The limits for loss of property and loss of life are now substantially increased. The table below shows the new limits and compares them to the old 1976 limits.
| 1976 Limit | 1996 Protocol Limit | ||
|---|---|---|---|
| GRT | Limit (SDR) | GRT | Limit (SDR) |
| Less than 500 | 167,000 | Up to 2000 | 1,000,000 |
| 501-30,000 | Add 167 per GRT | 2,001-30,000 | Add 400 per GRT |
| 30,001-70,000 | Add 125 per GRT | 30,001-70,000 | Add 300 per GRT |
| 70,001 and above | Add 83 per GRT | 70,001 and above | Add 200 per GRT |
The 1996 protocol has been ratified by Australia, Denmark, Finland, Germany, Malta, Norway, Russia, Sierra Leone, Tonga and the U.K. and is therefore now in force in those countries. Other countries may sign up to the new protocol 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 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
