LIMITATION ACT 1985 - SECT 19 Shipping

LIMITATION ACT 1985 - SECT 19

    (1)     An action on a cause of action to enforce a claim or lien against a vessel (the former vessel ) or its owners in relation to any damage or loss to another vessel, its cargo or freight, or any property on board the other vessel, or damage for loss of life or personal injuries suffered by anyone on board the other vessel, caused by the fault of the former vessel, whether the former vessel, is completely or partly at fault, is not maintainable if brought after the end of a limitation period of 2 years running from the date when the damage, loss or injury is caused.

    (2)     An action on a cause of action to enforce a claim or lien in relation to any salvage services is not maintainable if brought after the end of a limitation period of 2 years running from the date when the salvage services are rendered.

    (3)     For an action in a court, the court—

        (a)     may extend the limitation period mentioned in subsection (1) or (2) to such an extent and on the terms that it considers appropriate; and

        (b)     shall, if satisfied that there has not during the limitation period been a reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff's vessel belongs or in which the plaintiff resides or has his or her principal place of business, extend the limitation period to an extent sufficient to give a reasonable opportunity of so arresting the defendant vessel.

    (4)     In this section:

"freight" includes passage money and hire.

"vessel" means a vessel used in navigation, other than air navigation, and includes a barge, lighter or similar vessel.

    (5)     In this section, a reference to damage or loss caused by the fault of a vessel includes salvage or other expenses, consequent on that fault, recoverable at law by way of damages.