QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| THE OWNERS OF THE SHIP THERESA LIBRA
|- and -
|THE OWNERS OF THE SHIP MSC PAMELA
Robert Thomas QC (instructed by Ince and Co.) for the Defendants
Hearing date: 26 July 2012
Crown Copyright ©
Mr. Justice Teare :
A. On 6 March 2011 a collision occurred between MSC Pamela and Theresa Libra in the South China Sea (the "Collision").
B. The Parties have suffered loss and expense as a consequence of the Collision.
C. The Parties wish to settle liability for the Collision in accordance with the terms of this Agreement.
NOW IT IS HEREBY AGREED AS FOLLOWS: -
1. MSC Pamela was 75% to blame for the Collision and Theresa Libra was 25% to blame for the Collision.
2. MSC Pamela shall pay 75% of the costs of determining liability incurred by Theresa Libra, to be taxed if not agreed;
3. Theresa Libra shall pay 25% of the costs of determining liability incurred by the MSC Pamela, to be taxed if not agreed;
4. MSC Pamela shall pay 75% of the claim of Theresa Libra as proved or agreed, together with interest;
5. Theresa Libra shall pay 25% of the claim of MSC Pamela as proved or agreed, together with interest;
6. The claim of MSC Pamela and Theresa Libra shall, failing agreement, be referred to the Admiralty Registrar, assisted if necessary by experts, to assess the respective claims.
7. This Agreement shall be governed by English law and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the English Courts.
Dated this 25 day of October 2012"
Whether the claim of the Owners of THERESA LIBRA is time barred.
"The plain meaning of the agreement …..was that liability in damages ……..was once and for all definitely accepted by both the defendant and his insurers, and both of them were thereafter precluded from putting forward any defence whatever which would impeach that liability."
"the greatest difficulty in seeing how you can formulate an agreement which will have the effect (in such a case as the present) of binding the defendants contractually not to raise the plea of Section 8 of the Act of 1911 in any action the plaintiffs may choose to bring for finding that the damage suffered apparently was done by the barge Trent, however long after the cause of action they may elect to start those proceedings."
Extension of time
Addition of the Demise Charterer