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STEMA BARGE II GENERAL LIMITATION DECREE

STEMA BARGE II GENERAL LIMITATION DECREE

Published: 30 October 2020

“STEMA BARGE II” – GENERAL LIMITATION DECREE

CLAIM NO. AD-2018-000112
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMIRALTY COURT

(1)    SPLITT CHARTERING APS
(2)    STEMA SHIPPING AS
(3)    MIBAU BAUSTOFFHANDEL GMBH
(4)    STEMA SHIPPING (UK) LIMITED
Claimants

and

(1)    SAGA SHIPHOLDING NORWAY AS
(2)    RTE RESEAU DE TRANSPORT D'ELECTRICITE SA
(3)    ALL OTHER PERSONS CLAIMING OR BEING ENTITLED TO CLAIM DAMAGES BY REASON OF THE DRIFTING AND/OR DRAGGING OF ANCHOR OF THE UNPOWERED BARGE "STEMA BARGE II" ON 20 NOVEMBER 2016 AND/OR ANY CONSEQUENT COLLISIONS OR ALLISIONS
Defendants

TAKE NOTICE that on 28 September 2020 the Hon Mr Justice Baker granted to the First, Second and Fourth Claimants (“the Limitation Claimants”) a general limitation decree, and ordered by decree that by reason of the Merchant Shipping Act 1995:

(1)    the Limitation Claimants are not answerable in damages beyond the amount of 5,309,200 Special Drawing Rights in respect of the loss, damage and delay caused to any property or to the infringement of any rights through their act or omission or through the act or omission of any person on board the vessel “STEMA BARGE II” (“the vessel”) in the navigation or management of the vessel when the vessel drifted and/or dragged anchor, and/or any consequent collisions and/or allisions on 20 November 2016;
(2)    the limitation tonnage of the vessel ascertained in accordance with the said Act is 12,773 tons, and the amount of the Limitation Fund calculated in accordance with the said Act is £5,854,982.82 together with simple interest thereon from 20 November 2016 to 28 September 2020;
(3)    the Limitation Claimants having constituted a Limitation Fund by way of a letter of undertaking in the amount of £6,191,219.97 on 25 September 2020, all further proceedings in any claim against them arising out of this occurrence be stayed;
(4)    the Limitation Claimants do place advertisements identifying the claim and specifying the decree made and further specifying a period of three (3) months for the filing of claims and the issue of applications to set the decree aside;
(5)    the sum of £6,191,219.97 together with simple interest thereon be rateably distributed among the several persons who make out their claims against the fund and that within 7 days of the time for filing claims or declarations the Admiralty Registrar will fix a date for a case management conference at which directions will be given for the further conduct of the proceedings.

FURTHER TAKE NOTICE that any claim against the Limitation Fund must be filed and/or any application to set aside the general limitation decree must be issued within three (3) months from the date of publication of this Notice. Any such claim or application must be filed/issued at the Admiralty and Commercial Registry, 7 Rolls Building, Fetter Lane, London EC4A 1NL (ref. AD-2018-000112).

Solicitors for the Limitation Claimants
Campbell Johnston Clark Ltd
59 Mansell Street
London E1 8AN
+44 (0)20 7855 9669
Alistair Johnston: Alistair@CJCLaw.com
Maria Borg Barthet: Maria@CJCLaw.com

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