ParrisWhittaker secures significant maritime decision at the Court of Appeal

The appeal came after the appellant’s vessel collided with a facility owned by the Bahamas Oil Refining Company International Ltd, who subsequently made a claim for damages amounting to the sum of $26.8 million.

The appellants made an appeal to the Supreme Court to limit their liability, which was dismissed in August 2013.

Acting on behalf of the appellants and together with an English QC, Mrs Parris-Whittaker moved successfully to have the Supreme Court decision set aside at the Appeal Court. Central to the argument was a true construction of the Limitation of Liability Convention and its application in the Bahamas. Court of Appeal President Justice Allen, Mr Justice Blackman and Mr Justice Adderley accepted the argument that only one situation excludes the right to limit liability – that being where the claimant has proved that financial loss resulted from a personal act or omission deliberately or recklessly causing damage. Since this had not been the case, the appellants were entitled to have their liability limited – and their costs reduced accordingly.

Mrs Parris-Whittaker said: “We are delighted to have secured this important win for our clients, and are grateful to the Court for having correctly applied the law in this case. We remain committed to helping ensure our clients have access to justice, particularly in the challenging and exciting arena of the Bahamas’ maritime industry”.