France, like the United Kingdom, is party to the Convention. The
Convention aims to limit the liability of the owner, charterer,
manager or operator of a sea-going vessel for damage occurring on
board or in direct connection with the operation of the ship.
The background to the decision
The French Appeal Court was presented with two cases relating to
personal injury caused by and occurring on board pleasure crafts.
In the first case, a passenger of the "Chrisflo"
was struck by the sudden movement of the boom and suffered serious
injuries. In the second case, a diving fisherman was fatally
injured when run over by the "Dizzy" and the
master was convicted of involuntary manslaughter by the criminal
court for failing to maintain the proper speed of his craft. Both
claimants argued that (i) the limitation of liability provisions in
the Convention did not apply to pleasure crafts; (ii) in any case
the circumstances of the events were not directly connected to
