The Gazette 1987

GAZETTE

JULY/AUGUST 1987

limitation period was two years " in respect of any salvage service", such period to be calculated from the date when the damage or loss or injury was caused or the salvage services were rendered. Section 8 was repealed by the Civil Liability Act 1961 and replaced by Section 46 of that Act. Subsection 2, as mentioned above provides that the limitation period for collisions is t wo years and Subsection 4 pur- ports to impose a similar limitation period in respect of "salvage or other expenses consequent upon that fault". In amending the 1911 Act the scope of the salvage ser- vices contemplated has been nar- rowed from "any salvage service" to salvage linked with " f au l t ". The effect of these Subsections when read together is that the two year limit applies only to such salvage claims which arise as damages because of the sole or concurrent fault of a vessel. In all other cases where salvage services are rendered (in the absence of " f au l t " ), e.g. to a vessel in distress or where an abandoned yacht has been rescued, there is no time limit applicable under Irish Law for salvage actions in rem. This "curiosity" was drawn to the attention of the Minister for Transport and Power in 1970 by the Irish Maritime Law Association. It was indicated that amending legislation would be "considered" and there the matter rests. International Carriage of Goods by Sea (Hague Rules — 1 year) This is an area which should be equated with a legal minefield and one must tread warily. Within the scope of this practice note, the net point to be borne in mind is that if the relevant documentation refers to the application of the Hague Rules (or the amended version

vessels but applies equally to colli- sions involving fishing vessels, barges, cruisers and yachts all of which will fall within the definition of a "vessel". Section 46(2) spec- ifically refers to the Merchant Ship- ping Act 1894 in which "vessel", is defined in Section 742 as follows: — "vessel includes any ship or boat or any other description of vessel used in navigation", (see also Barber -v- Burke & Others [1980] ILRM Page 186). Two other points should be noted. It is arguable, although not entirely clear that the 2 year limita- tion period applies only to in rem proceedings against a vessel as op- posed to proceedings brought in personam against the owner of the vessel. Secondly, it is unlikely that this section would apply to a colli- sion on an island waterway (see The Goring [1987] 2 All ER page 246). (Readers with a copy of " A Casebook on the Irish Law of Torts" by McMahon & Binchy should note, at page 646, the ex- istence of the above little known section. That publication refers to Section 8 of the Maritime Con- ventions Act 1911 which has been repealed by S.46(2). Salvage Claims (2 years) Civil Liability Act 1961 S.46(4) For those scanning this practice note the relevant limitation period is t wo years as provided for by Section 46(4) of the Civil Liability Act 1961. For those prepared to read a lit- tle further, the position is interest- ing and indeed curious. The limitation period for salvage claims was originally governed by the pro- visions of the Maritime Con- ventions Act 1911 which provided, under Section 8 that the appropriate

thereof known as the Hague Visby Rules) the appropriate limitation period is one year. Article III Rule 6 of the Hague Rules provides that " t he carrier and the ship shall be discharged from all liability in respect of loss or damage unless a suit is brought within one year after delivery of the goods or the date when the goods should have been delivered". (Nothing could be clearer if you have managed to spot the reference to the Hague Rules in the microscopically small print of the con t r act docu- mentation and if you are familiar with the provisions of the Hague Rules.) Where are these Rules to be found? Mirabile dictu Ireland has actually ratified the 1 924 Brussels Convention which gave rise to the Hague Rules and you will find them in the Second Schedule attached to the 1947 Merchant Shipping Act. When do they apply? Under Section 13 of that Act, the Rules "shall have e f f ec t" where goods are carried on foot of a bill of lading from any port in the State. While the Section goes on to pro- vide that the Rules apply where goods are being shipped " t o any other port whether in or outside the State" in practice they rarely app- ly to the shipment of goods to other Irish ports or to Britain for t wo reasons. Firstly, such shipments are rarely covered by a negotiable bill of lading and secondly, Section 13(4) allows a carrier to contract out of the rules and impose different conditions where goods are being shipped to another Irish port or to Great Britain or Northern Ireland, provided a non- negotiable bill of lading is issued. While the Act refers to outward traffic in cases where a bill of lading is used, the scope of their application does not end there. Fre- quently goods are carried on foot

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