Holyhead Marina Ltd v Farrer [2021] EWCA Civ 1585 | ZFZ Postcard Cases

During a storm, craft belonging to the Appellants was damaged in the Respondent’s marina.

The Appellants challenged a decision that the marina could be considered a ‘dock’ under the Merchant Shipping Act 1995 Pt VII s.191(9).

The marina was comprised of floating pontoons, connected with the land by a bridge and with the seabed by concrete blocks. It was used to moor pleasure craft. The Court of Appeal held that the marina was a “dock” s.191(9). The floating pontoons were properly categorized as “stages, landing places and jetties”, which qualify as a ‘dock’ under s.191(9). Therefore, although the marina was not a ‘dock’ within the ordinary meaning of that word, it fell within the statutory definition. The owner of the marina was thus able to limit liability for damage under s.191.

Additionally, the fact that the marina was used to moor small recreational craft, rather than commercial vessels, did not prevent the operation of the liability.

For further information, contact Isabelle Winstanley or your usual ZFZ contact.

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