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LEGAL NOTICE – General Decree Limiting Liability

LEGAL NOTICE – General Decree Limiting Liability

Published: 23 September 2019

LEGAL NOTICE – General Decree Limiting Liability

 

Vessel: MV “MAERSK HONAM”

 

Case: (1) A.P. MOLLER SINGAPORE PTE LTD and (2) MAERSK LINE A/S v (1) MONAVA

TRASPORTI INTERNAZIONALI SPA (together the “Claimants”) and (2) ALL OTHER PERSONS CLAIMING OR BEING ENTITLED TO CLAIM COMPENSATION AND/OR DAMAGES BY REASON OF,  OR  ARISING  OUT  OF,  THE  EXPLOSION  AND  SUBSEQUENT  FIRE  ON  THE “MAERSK

HONAM” ON OR ABOUT 6 MARCH 2018 (together the “Defendants”). Claim No: AD-2018- 000156

 

The claim relates to an incident whereby there was an explosion and subsequent fire on board the Vessel whilst she was underway approximately 900 nautical miles from Salalah and 340 natural miles from Agatti Island, Lakshadweep, at approximately 19:45 (local time) on 6 March 2018.

 

The Owners of the Vessel, A.P. Moller Singapore Pte Ltd, and the operators/managers of the Vessel, Maersk Line A/S, have obtained a General Limitation Decree dated 10 September 2019 from the Admiralty Court, Queen’s Bench Division of the High Court of Justice limiting their liability in relation to the incident to (i) 123,308,412 SDRs in respect of claims for loss of life and personal injury and (ii) 61,654,206 SDRs in respect of all other losses, pursuant to the Merchant Shipping Act 1995.

 

A Limitation Fund has been constituted by way of a Letter of Undertaking dated 12 September 2019 issued by The Standard Club UK Ltd registered at The Minster Building, 21 Mincing Lane, London, EC3R 7AG (“the Limitation Fund”).

 

Any party wishing to file a claim against the Limitation Fund or intending to set aside or vary the Limitation Decree has a period of 84 days from the date of the order, namely on or before 4.30pm London time on 3 December 2019.  Attention is also drawn to CPR r. 61.11(15)  which provides that:

 

No later than the time set in the decree for filing claims, each of the defendants who wishes to assert a claim must file and serve his statement of case on (a) the limiting party [i.e. the Claimants] and; (b) all other defendants except where the court orders otherwise [i.e. the named First Defendant, Monava Trasporti Internazionali SpA].”

 

Any party wishing to vary or set aside the Order of 10 September 2019 has a period of 84 days from the date of the order, namely on or before 4.30pm London time on 3 December 2019.

 

Contact with A.P. Moller Singapore Pte Ltd and Maersk Line A/S should be made through Stephenson Harwood LLP of 1 Finsbury Circus, Finsbury, London EC2M 7SH solicitors for A.P. Moller Singapore Pte Ltd and Maersk Line A/S by telephone on +44 20 7 329 4422 (quote: Cristan Evans/Nikki Chu – MAERSK HONAM LIMITATION) or by email to Cristan.Evans@shlegal.com / Nikki.Chu@shlegal.com.

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