The Empire Jamaica: 1957

A collision was caused by a ‘blunder in seamanship of . . a somewhat serious and startling character’ by an uncertified second mate. The owners knew that the mate was not certificated and the collision would not have happened if he had not been employed.
Held: In limitation proceedings the damage was found to have taken place without the employers’ ‘actual fault or privity’.


Sir Raymond Evershed MR


[1957] AC 386

Cited by:

CitedCommissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Lists of cited by and citing cases may be incomplete.


Updated: 24 April 2022; Ref: scu.235784