The lost vessel for which the claim was made, was under charter, to the British government in wartime. The war conditions had driven up the need for shipping, and with it the market value of ships.
Held: The owner was not awarded damages more than such profit as the vessel would have made if the voyage on which it was engaged at the time of its loss had been completed.
Pilcher J said: ‘in March, 1942, any British shipowner selling or buying a British ship would do so with the knowledge that his ship would, so long as she was kept efficient, be assured of profitable engagement probably at rates laid down by the Ministry of War Transport. If this were so, it seemed to follow that any enhanced value due to the virtual certainty of profitable employment was already reflected in the prices realized by the sales of comparable ships and was therefore already included in the sum allowed by the assistant registrar’ as the going concern value of the vessel.
Judges:
Pilcher J
Citations:
[1947] P 80
Jurisdiction:
England and Wales
Cited by:
Appeal from – The Llanover CA 1948
Bucknill LJ said: ‘On the undisputed evidence as to the circumstances leading up to the collision, it seems to me that a prima facie case of negligence is made out against the ‘Llanover’ which she has failed to rebut. Her rebuttal rests on her . .
Lists of cited by and citing cases may be incomplete.
Transport, Damages
Updated: 04 May 2022; Ref: scu.581029
