Birkley and Others v Presgrave: 3 Feb 1801

An action upon promises lies by a ship owner to recover from the owner of the cargo his proportion of general average loss incurred by sacrificing the tackle belonging to a ship for an unusual purpose, or on an extraordinary occasion of danger, for the benefit of the whole concern.

Judges:

Lawrence J

Citations:

[1801] EngR 117, (1801) 1 East 220, (1801) 102 ER 86

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedMitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another SC 25-Oct-2017
This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared . .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 17 September 2022; Ref: scu.345363