Tuesday 26th October 2021
This is an appeal by the Defendant of the orders made by Mr Justice Teare dated 7 and 31 July 2020
The claim arises from the events of Storm Emma which hit Holyhead from the North East in March 2018. The Marina in Holyhead harbour was damaged in that the pontoons forming the Marina broke up or became detached. Many craft moored in the Marina were damaged. There is evidence that 89 craft were damaged. It is said, based upon expert evidence, that the design, construction and maintenance of the Marina were defective. In particular, there is no shelter from the North East. Many claims are anticipated and so the Claimant, Holyhead Marina Limited, has issued proceedings seeking a limitation of its liability pursuant to section 191 of the Merchant Shipping Act 1995. The Defendants to that limitation action are the owners of the damaged craft. The claims are said to total some £5 million whereas, according to the Claimant, the limit of its liability is some £550,000. The Defendants resist the claim to limit. The Claimant has issued an application seeking to strike out these allegations and/or for summary judgment on their claim for a limitation decree.
Lower Court Judgment: