COLLISION BETWEEN “POLESIE” AND “VERITY” OFF HELIGOLAND IN GERMANY ON OR AROUND 24 OCTOBER 2023
NOTICE OF GENERAL LIMITATION DECREE
In the High Court of Justice of the Isle Of Man
Civil Division, Ordinary Procedure (Admiralty Claim – Limitation)
Claim No. Ord 23/0044
Claimants: (1) Ares Nine Shipping Ltd, (2) Polsteam Shipping Company Ltd and (3) Polsteam Shipping Company Limited, as the owners and bareboat charterers of the “POLESIE” (“the Claimants”)
NOTICE IS HEREBY GIVEN TO:
All persons being entitled to claim loss or damage arising out of or in connection with or resulting from the collision between “POLESIE” and “VERITY” off Heligoland in Germany on or around 24 October 2023.
THAT:
A general limitation decree was made on 14 May 2024 in an Admiralty Claim before the High Court of Justice in the Isle of Man, in claim no. ORD 23/0044, on the application of the Claimants. The general limitation decree limits the Claimants’ liability arising out of or in connection with the collision for claims of a type which fall within the 1976 Convention on Limitation of Liability for Maritime Claims, except for claims for loss of life or personal injury (which are not covered by the Decree), to 9,822,000 Special Drawing Rights or GBP 10,310,153.40.
Any application to set aside the said Decree must be made to the High Court of Justice in the Isle of Man on or before 13 July 2024 – 60 days after the date of the Decree.
The Claimants have constituted a Limitation Fund in the amount of GBP 10,310,153.40 plus interest by way of a letter of undertaking from Britannia P&I (in a form approved by the Court).
Any claims whatsoever and howsoever arising in connection with, arising out of or resulting from the collision of a type which fall within the 1976 Convention, except for claims for loss of life or personal injury (which are not covered by the Decree), must be made to the High Court of Justice in the Isle of Man on or before 13 July 2024 – 60 days after the date of the Decree. The claims should be made in the form set out at Annexure A to the Decree.
All applications and claims must be filed with the High Court of Justice in the Isle of Man and copies sent to the lawyers acting for the Claimants (details below).
For the avoidance of doubt, this advertisement and the Decree are without prejudice to the question of liability for the collision and, further, their contents are without prejudice to, and do not affect, any and all rights that the Claimants may have in relation to limitation and/or time bar and/or otherwise.
Lawyers for the Claimants
Paul Freeman and Robert Colquitt
Cains, Fort Anne, Douglas,
Isle of Man IM1 5PD
Paul.Freeman@cains.com
robert.colquitt@cains.com
