Abstract:
The Singapore court held in The Caraka Jaya Niaga-III-11 [2021] 4 SLR 611 that it would not be possible for counterclaims and cross claims arising out of maritime collisions to be taken into account when determining the end net liability if such claims are time-barred. This departs from the single liability principle first established by the English courts in The Khedive (1882) 7 App Cas 795, and has significant implications for the owners and insurers of vessels on what they should do to protect their interests following any maritime collision. This article explores the history of the single liability principle as established by The Khedive, the basis for the decision in The Caraka Jaya Niaga-III-11, and the implications going forward for admiralty law practitioners.