Townsend Car Ferries Ltd v The Dutch State
CaseID:
CMI179
Summary:
Collision on 17 September 1971 on the high seas between the Dutch minesweeper HNLMS Brielle and the British ferry Free Enterprise V. The Dutch State commenced an action for damages against the Free Enterprise V.
Held: The demands of legal security/predictability, which must weigh heavy particularly in the area of prescription/time bar, oppose the application by analogy of the two year time bar of art 7 of the Collision Convention 1910 to claims arising out of collisions for which the Convention was not drafted (ships of war: see art 11).
Parties:
Townsend Car Ferries Ltd, The Dutch State, HNLMS Brielle, Free Enterprise V
Neutral Citation:
ECLI:NL:PHR:1979:AC6515
Other Reference:
Schip en Schade 1979/63, Nederlandse Jurisprudentie 1979/540 (with annotation by JC Schultsz). Translator: Taco van der Valk.
Date:
16/03/1979
Tribunal:
Hoge Raad
Judges:
CW Dubbink, AAL Minkenhof, H Drion, W Snijders, WL Haardt
Keywords:
Collision, time bar
Year:
Jurisdiction:
Convention: