11th January 2021

On 11th January 2021, the Court of Appeal granted permission to appeal from the decision of Teare J in Farrer v. Holyhead Marina [2020] EWHC 1750 (Admlty) in which it was ruled that a marina constituted a “dock” for the purposes of section 191 of the Merchant Shipping Act 1995 and that the marina operators were therefore entitled to limit their liability.

Notwithstanding that the judgment was one of the “extremely experienced Admiralty Judge”, Flaux LJ agreed that the appeal had a realistic prospect of success, and considered that it was of sufficient importance to the marine leisure sector and the related insurance market that it should be heard in any event.

James Watthey appeared before the Admiralty Judge for the owners and insurers of the vessels lost when Storm Emma destroyed the marina, and brought in Nigel Cooper KC for the permission to appeal application. James and Nigel are both instructed by Daniel Crockford of Keoghs LLP.

The first instance judgment from Teare J is discussed here.

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