Schedule

The 1976 Convention has been incorporated into United Kingdom law by Sections 17 and 18 of the Merchant Shipping Act 1979, to which its text forms Schedule 4. The 1976 Convention has introduced some radical changes to the 1957 Convention. 17 of the Merchant Shipping Act 1979 was repealed by the Merchant Shipping Act 1995 which came into force on 1st January, 1996. The 1976 London Convention now has the force of law in the U.K. under s. 185 and Schedule 7 to the 1995 Act. The 1976 London Convention and the 1995 Act have both widened the scope of who may limit. As we have seen, the 1976 Convention extended the provisions of s. 503 to include salvors and insurers.  Thus, the harshness in The Toju Maru would not occur under the Convention. In Toju Maru (1971) salvage services were given to the Tojo Maru. In the course of the performance of the services a diver employed by the salvage company, whilst performing underwater work, fired a bolt through the shell plating into a tank which had not in fact been gas-freed. There was a resulting explosion and £330,000 worth of additional damage was done to the Tojo Maru. There were resulting cross-actions, one by the owners of the Tojo Maru against the salvors alleging negligence and seeking damages, and the other a claim for salvage reward by the salvors against the owners of the Tojo Maru. The salvors attempted to limit their liability in accordance with the provisions of the Merchant Shipping (Liability of Shipowners and Others) Act 1958. Held: that the negligent act of the diver was not an act of a person in the course of the management of the vessel and that therefore the salvors could not limit their liability.