*Kairos Shipping Limited and another v Enka & Co Llc and others

Shipping – Limitation of liability. The appeal raised interesting questions as to whether it was, in principle, possible to constitute a limitation fund under the International Convention on Limitation for Liability for Maritime Claims 1976, which was scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club. The Court of Appeal, Civil Division, in allowing the appeal, held that, on the proper construction of art 11.2 of the Convention, it was.

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