Tuesday 11 – Wednesday 12 July 2023
This is an appeal the Order of Baker J dated 2 November 2022 that declared that Article 2.1 does not entitle the Claimant to limit its liability under the Award.
On 14 July 2012, MSC Flaminia was in the middle of the Atlantic Ocean en route from Charleston, South Carolina, to Antwerp when an explosion occurred in her no.4 cargo hold leading to a large fire on board. Three of her crew lost their lives: one was never found, the other two were grievously injured and died of their injuries shortly afterwards. Hundreds of containers were destroyed and extensive damage was caused to the ship.
A matter in dispute was “did the explosion and the subsequent fire in the cargo both constitute “damage to property” for the purposes of Article 2(1)(a)?”