In an action of damages for detention for repairs alleged to be due to collision the defenders, while admitting responsibility for the collision, disputed their liability for the loss incurred by the vessel during the time she was laid up. Proof was led, in the course of which it appeared that during the time the vessel was under repair there was extant a defect in her propeller which the defenders alleged made the vessel unseaworthy. This question was argued both in the Outer and Inner House, though the appropriate averments and pleas hinc inde were not set forth on record. The pursuers having been awarded damages the defenders appealed to the House of Lords. Held that the procedure followed was not in accordance with the Rules of Pleading in Scotland, and cause remitted to the Court of Session with a direction to allow the parties to amend the record in terms of the minutes tendered at the bar, to allow a proof thereof, and to make findings of fact and to report the same to the House.
Lord Dunedin, Lord Atkinson, Lord Shaw, Lord Phillimore, and Lord Blanesburgh
[1923] UKHL 52, 61 SLR 52
Bailii
Scotland
Transport
Updated: 22 January 2022; Ref: scu.633272
