Recourse claims

There have been a number of cases in which shipowners and their insurers have borne the cost of oil pollution in the first instance under a strict liability regime in force where it occurred, and in which they have subsequently claimed damages from other parties on the basis that they caused or contributed to the incident.

Similar recourse claims have been brought after incidents involving damage sustained in the carriage of hazardous and noxious substances, which have sometimes caused shipboard explosions and fires.

The main examples of recourse claims of these kinds have been those against charterers, against the owners of colliding ships, and against pilots of maritime authorities.

As recourse claims after pollution or HNS incidents have tended to be substantial, issues have arisen not only as liability but also as to limitation of liability, the questions being whether limitation is available at all, and if so whether how it applies to different heads of loss or damage for which the shipowner claims a recovery.

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