Case: MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSCFlaminia” [2025] UKSC 14
Guest: David Walsh KC, Essex Court Chambers
Luke Zadkovich and Calum Cheyne return this week to discuss MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSCFlaminia” [2025] UKSC 14 with Counsel for the Respondent, David Walsh KC.
This decision arose out of an incident involving the “MSC Flaminia”, a container ship that exploded while en route from South Carolina to Antwerp, back in 2012, resulting in the death of three crew members.
The Owners of the vessel (Conti), obtained an arbitration award against the Charterers (MSC) for the amount of USD200 million in damages. Following this, Charterers sought to limit to their liability under the Convention onLimitation of Liability for Maritime Claims 1976.
The Supreme Court considered whether the Charterers could do so, given that the limitation was sought with respect to claims brought by Owners, against the Charterers, for losses the Owners originally suffered themselves. In doing do, the Court also considered the scope of Article 2.1(a), (e) and (f) of the 1976 Convention.
Luke, Calum and David discuss the way in which the arguments evolved through the appeal process, and the ultimate rationale behind Lord Hamblen’s decision (withwhom Lord Hodge, Lord Briggs, Lord Leggatt and Lord Burrows agreed). Their discussion provides insightful guidance and clarity on what can be a complexarea of maritime law.
