I move amendment No. 82 :
Before section 47, to insert the following new section:—
" (1) (a) Where, by the fault of two or more vessels damage is caused to one or more of those vessels or to another vessel or to the cargo of any of those vessels or any property on board, and an action is brought for such damage, the liability of each vessel in respect of such damage shall be in proportion to the degree in which such vessel was in fault and accordingly there shall be no right of contribution in respect of such apportioned liability: provided that—
(i) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally among the vessels in fault;
(ii) nothing in this subsection shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(b) Paragraph (a) of this subsection shall not apply to a claim for loss of life or personal injuries.
(2) Where, by the sole or concurrent fault of a vessel damage is caused to another vessel or to the cargo or any property on board, or loss of life or personal injury is suffered by any person on board such other vessel, then, subject to subsection (3) of this section, no action shall be maintainable to enforce a claim for damages or lien in respect of such damage, loss of life or injury unless proceedings are commenced within two years from the date when such damage, loss of life or injury was caused ; and an action shall not be maintainable to enforce any claim for contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings are commenced within one year from the date of payment.
(3) Any court having jurisdiction to deal with an action to which subsection (2) of this section relates may, subject to any rules of court, extend the period referred to in that subsection to such extent and subject to such conditions as it thinks fit, and shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court or within the territorial waters of the country to which the plaintiff's vessel belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity.
(4) For the purposes of subsections (1) and (2) of this section, reference to damage caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages and such expenses shall be deemed to be a damage caused when they are incurred.
(5) The provisions of this section shall be applied in all cases heard and determined in any court having jurisdiction to deal with the case and in whatever waters the damage in question was caused or the salvage services in question were rendered.
(6) This section shall be construed as one with the Merchant Shipping Acts, 1894 to 1952."
This amendment proposes to substitute a new section for section 47. The new section is designed to carry into effect the provision of the Brussels Convention of 1910 and to replace the relevant provisions of the Maritime Conventions Act, 1911. I think it well to replace as many provisions of that Act as possible and to avoid references to it in the proposed new section. The idea is to follow the Convention as closely as possible. Paragraph (c) of subsection (1) of the existing section 47 is not being repeated in the new section as, on further examination, I am satisfied that to provide for insolvency would not be in accord with the 1910 Convention, which provides for liability in proportion to fault and not in solidum. Ordinarily, a wrongdoer is liable in full, but a wrongdoing vessel is not so liable where damage is caused to another vessel.