This case is about who can bring a complaint of statutory nuisance in respect of premises. Such a claim must be, and can only be ‘made by any person on the ground that he is aggrieved by the existence of a statutory nuisance’. (section 82(1) of the Environmental Protection Act 1990 (the 1990 Act)). The … Continue reading Watkins v Aged Merchant Seamen’s Homes: Admn 17 Apr 2018
The plaintiffs owners of a drydock thought to limit their liability under the Merchant Seamen’s (Liability of Ship Owners and others) Act 1900 section 2 in respect of damage caused by a fire which broke out on the defendant’s vessel going to the negligence of the plaintiffs servants while the vessel was being repaired by … Continue reading The “RUAPEHU”: CA 1927
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018
The judge upheld the nuncupative will of an apprentice in the merchant navy while on shore leave (which was, at longest, from 4 July to 1 August 1944) from the troopship on which he was employed. Citations: [1952] P 71 Jurisdiction: England and Wales Cited by: Cited – Ayling v Summers and Others ChD 14-Sep-2009 … Continue reading In the Goods of Newland, deceased: 1952
A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations. Held: Groves v Wimborne clearly established that parliament was to be taken to have intended to proivide a remedy in damages for breach … Continue reading Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003
In construing ‘seamen,’ who are excluded from the provisions of the Employers’ Liability Act 1880, the Court is not in any way fettered by the definition of ‘seamen’ in the Merchant Shipping Act 1854. A ‘seaman’ is one who is by vocation a seafaring man, and who is at work connected with his duties as … Continue reading Macbeth and Co v Chislett: HL 7 Feb 1910
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent down to the between decks. The ship owners … Continue reading Morris v West Hartlepool Steam Navigation: HL 1956
Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want everything to go to Auntie Anne.’ and later ‘What I … Continue reading Ayling v Summers and Others: ChD 14 Sep 2009
The boat owners had failed to comply with the 1975 safety rules, and seamen died. The boat owners relied upon the restriction on damages in the 1995 Act, and the seamen’s families argued that the failure to apply the safety rules removed that limitation. Held: A breach of the safety rules did not give rise … Continue reading Todd and Others v Adams and Another: CA 18 Apr 2002
