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ARTICLE · 23 MAY 2019

Loose metadata sinks ships

In a recent UK case, the metadata of a photo proved to be a vital piece of evidence in shaping the outcome of the case.

AustraliaLitigation, Mediation & Arbitration

Executive Director Craig Macaulay discusses a recent case where the metadata of a photo proved to be a vital piece of evidence in shaping the outcome of the case.

A picture says a thousand words. Well not exactly, but it can say enough to help uncover the truth. And in this case, it's the tale of a sunken ship.

In an interesting England and Wales High Court case1 (Kairos), the metadata, the information that sits behind an electronic document, in this instance a photo, proved to be a vital piece of evidence in shaping the outcome of the case.

Background

Kairos owned a ship called the Atlantik Confidence, a geared bulk carrier ship which caught fire and sunk in 2013.

The case was about the limitation of the ship owner's liability for the cargo on board. This limitation was in force unless it was proven "that the loss resulted from his [ship owner's] personal act or omission, committed with the intent to cause such loss." It was alleged that there was a

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