Limiting Shipowners’ Liability and the Atlantik Confidence
The ability to limit, or indeed exclude, liability to a third party in the event of loss or damage caused by the negligent navigation or management of a vessel is a longstanding tradition in the shipping industry. Without this, shipping interests would be subject to unlimited and costly exposures.
The recent case of The Atlantik Confidence  EWHC 2412 (Admiralty) demonstrates that, in particular circumstances, a shipowner can forfeit their right to limit liability. This advisor looks at this case in detail and what shipowners should be doing to manage the risk of forfeiting limiting liability.