Harbours Act, 1996

Limitation of liability in respect of pilots.

70.—(1) A pilot for a pilotage district who has given a bond (the penalty of which shall not exceed £100) in the form prescribed by bye-laws made under section 71 in relation to that pilotage district shall not be liable for damages as respects any neglect or want of skill on his or her part in rendering a pilotage service beyond an amount equal to the penalty of the bond and the pilotage charges that may be imposed in respect of the said service.

(2) A bond given by a pilot under subsection (1) shall not be liable to stamp duty and the pilot shall not be required to pay any expense in relation to the bond other than the actual expense of preparing the same.

(3) Where any loss or damage to any ship, to any property on board any ship or to any property or rights of any kind is caused by an employed pilot for a pilotage district in rendering a pilotage service and the loss or damage is not attributable to any act or omission of the company which employs that pilot committed with the intent to cause the loss or damage, or recklessly and with knowledge that the loss or damage would probably result, the company shall not be liable for damages beyond the amount of £100 multiplied by the number of employed pilots for its pilotage district at the date when the loss or damage occurs.

(4) The limitation of liability under this section shall apply to the whole of any losses and damages which may arise upon any one distinct occasion although such losses and damages may be sustained by more than one person.

(5) Where any proceedings are taken against a person (hereafter in this section referred to as “the defendant”) for any act or omission in respect of which his or her liability is limited under this section and other claims are or appear likely to be made in respect of the same act or omission, the court in which the proceedings are taken may—

(a) determine the amount of the liability of the defendant,

(b) upon payment by the defendant of that amount into court, distribute that amount rateably among the claimants,

(c) stay any proceedings pending in any other court of equal or lower jurisdiction to it in relation to the same matter or request a court of higher jurisdiction to it in which such proceedings are pending to stay those proceedings,

(d) proceed in such manner as the court thinks just—

(i) as to making interested persons parties to the proceedings,

(ii) as to the exclusion of any claimants whose claims are not made within a specified period,

(iii) as to requiring security from the defendant, and

(iv) as to payment of any costs.