Newsfront – International London Treaty 1976 on limitation of liability for maritime claims, Manolis Eglezos & Associates
The International London Treaty 1976 applies in Greece not only at the international level but also at the local level. This is because Greece has not exercised its right to exclude local relations from application of the Treaty, though entitled to do so. The person, legal or natural, eligible to limit its liability may be prevented from exercising the right to such limitation, in case it acted fraudulently (ie intentionally contributed to the occurrence of the damage); same applies in case it did not show any concern, though aware the damage occurrence was possible. In the latter case, the test is whether the behavior deviates from that of the prudent man in the same professional field. Further, consciousness of the probability to damage suffices, without needing to prove whether the damage occurrence is accepted by the person eligible to limit its liability. Supreme Court Judgment no 2263/2013, Presiding: V. Lykoudis, Rapporteur Judge: I. Chamilothoris, Attorneys at law: Emm. Yannakakis, Ev. Tsaoussi, Maritime Law Review vol. 42, p.1
NOTE: The Treaty imposes a test regardless of the will of the liable person towards the damage. It is not required that it expected that damage might occur and accepted that probability. Even if it did not accept it, ie if it did neither intend for the damage to occur nor wished so, it is still liable because it could reasonably stop the damage and took no measures to avoid same.
The legal column was written by Manolis Eglezos, Attorney at law, Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants