Section 187 of the Merchant Shipping Act 1995 provides that “Where, by the fault of one or more ships, damage or loss is caused to one or more of those ships…the liability to make good the damage or loss shall be in proportion to the degree in which each ship was in fault”. In The Bovenkerk [1973] 1 Lloyd’s Rep. 63 Brandon J. had indicated was an “open question of some difficulty”, as to whether liability could be apportioned between multiple vessels when only some of them were parties to the action. In The Nordlake [2015] EWHC 3605 (Admlty) Teare J has held that account has to be taken of the causative faults of all the vessels involved in apportioning liability, even if some were not parties to the action before the court, and would not be bound by his decision.
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Professor Simon Baughen
Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to seven editions (soon to be eight) and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.
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