There had been a collision at sea.
Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil art 6 requirements. Had counsel seen the advice, opportunity might have been taken to clarify a point central to the issues.
Judges:
Lord Justice Clarke Lord Justice Sedley Lord Phillips Of Worth Matravers, MR
Citations:
[2004] EWCA Civ 1007, Times 19-Aug-2004
Links:
Statutes:
Civil Procedure Rules 35.15(4), European Convention on Human Rights 6
Jurisdiction:
England and Wales
Citing:
Appeal from – Bow Spring, Owner of the Ship v Manzanillo Ii, Owners of the Ship Adct 22-Jul-2003
collision at sea . .
Cited – Sapporo Maru (Owners) v Statue of Liberty (Owners); The Statue of Liberty HL 1968
There had been a collision between two ships. The plaintiff sought to have admitted in evidence a film of radar echoes recorded by a shore radio station. The defendants argued that evidence produced mechanically and without human intervention was . .
Cited – The Pelopidas 1999
The use in court of plots of ship courses was to be only with care. . .
Cited – The Sitarem 2001
The court considered the use of plots in cases involving collisions at sea. A plot shows what might have happened not what did happen. . .
Cited – The Ansonia 1920
A judge in a shipping case is not bound to accept the advice he receives from the assessors. . .
Cited – Krcmar And Others v The Czech Republic ECHR 3-Mar-2000
‘The concept of a fair hearing . . implies the right to adversarial proceedings, according to which the parties must have the opportunity not only to make known any evidence needed for their claims to succeed, but also to have knowledge of, and . .
Not current practice – The Hannibal 1867
‘for the future in causes of collision and salvage, heard before the Trinity Masters, he should not sum up the evidence; but that the Court and Trinity Masters would retire and, on their return, the judgment of the Court would be given’. . .
Cited by:
Appealed to – Bow Spring, Owner of the Ship v Manzanillo Ii, Owners of the Ship Adct 22-Jul-2003
collision at sea . .
Lists of cited by and citing cases may be incomplete.
Transport, Civil Procedure Rules
Updated: 11 June 2022; Ref: scu.199592
