Nigel Jacobs QC and Ruth Hosking of Quadrant Chambers (together with HFW) have secured a landmark ruling from the Admiralty Court for cargo insurers in The Atlantik Confidence [2016] EWHC 2412 (Admiralty), having successfully broken limits for the first time in the UK under the Convention on Limitation of Liability for Maritime Claims 1976 (as amended 1996).

In a judgment handed down today Teare J held that the vessel was deliberately sunk by the master and chief engineer at the request of the alter ego of the Owners. In such circumstances the loss of the cargo resulted from his personal act committed with the intent to cause such loss and Article 4 of the Limitation Convention applied so that the Owners’ claim for a limitation decree was dismissed.

A copy of the judgment is available here. A detailed briefing by HFW can be viewed here.