Commentary on Sections Section 255G Liability for costs
21.This new section concerns liability for costs that have been incurred in the locating, marking or removal of any wreck within the United Kingdom’s Convention area.
22.These costs may be recovered directly from the shipowner (and so, if section 255P applies, directly from the shipowner’s insurer) unless the owner (or the owner’s insurer) proves that any of the exceptions provided for under paragraph 1(a), (b) or (c) of Article 10 of the ICRW are applicable, or the liability is in conflict with other Conventions detailed under Article 11(1) of the ICRW or such other provisions that the Secretary of State may specify by order. An order made under this section is subject to the affirmative resolution procedure.
23.Where two ships are involved and costs cannot reasonably be separated, the registered owner’s liability is to be joint and several.
24.The right to limit liability under section 185 (limitation of liability for marine claims), which gives effect to the Convention on Liability for Marine Claims, is preserved.