Bureau Wijsmuller NV v Owners of the Tojo Maru (No 2): HL 1971

Salvors were held not to be entitled to limit in respect of the negligent action of their diver since, by definition, neither the diver nor the damaged vessel were on board the salvor’s tug and, further, the diver was not acting in the management of the tug.
Lord Morris said: ‘In some cases salvage work may be commenced without the knowledge of owners. If in any of these cases there is a claim for salvage the claim will be adjudicated upon by reference to that part of the common law of England which has been evolved in and is administered as English maritime law in the English Court of Admiralty.’

Judges:

Lord Diplock, Lord Morris

Citations:

[1971] 1 Lloyds Rep 341, [1971] 2 WLR 970, [1972] AC 242, [1971] 1 All ER 1110

Jurisdiction:

England and Wales

Cited by:

Overruled by StatuteGard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 11 August 2022; Ref: scu.641396