The court was requested to apply the standard allowance to a claim by cargo owners arising out of a collision.
Held: The court would not do so. There was no evidence as to what the cargo owners did as a result of the loss of their cargo, and the practice had never been challenged in a collision case and so the Court had never been asked to reject it. However: ‘I would certainly not encourage a party to challenge the approach in the future because it seems to me to be rooted in good sense. Shipowners’ businesses will almost inevitably be disrupted by collision so that there is likely to be an expenditure of management time and cost. It seems to me to be more sensible to adopt the conventional approach of adding 1 per cent. to the damages than to require the shipowners to prove the actual cost.’
Judges:
Clarke J
Citations:
[1998] 2 Lloyd’s Rep.301
Citing:
Cited – Tate and Lyle Distribution v Greater London Council 1982
The defendants were liable to the claimants for having failed to dredge silt which they had caused to be accumulated when constructing new piers for the Woolwich ferry and which had obstructed the claimants’ use of their barge moorings. The result . .
Cited by:
Cited – Carisbrooke Shipping Cv5 v Bird Port Ltd ComC 13-Sep-2005
. .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 30 April 2022; Ref: scu.230128