Waddle v Wallsend Shipping Co Ltd: 1952

The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the report was made available to any court which had to determine the cause of the loss. It is not necessary that the findings of fact in the report should be treated as binding. The opinion of the commissioner based on the facts he finds has at least as high a value as that of an expert based on the facts which he assumes to be proved; and it has the advantage of being quite independent of either side.’

Judges:

Devlin J

Citations:

[1952] 2 Lloyd’s Rep 105

Jurisdiction:

England and Wales

Cited by:

ApprovedThe European Gateway 1987
The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck . .
CitedSecretary of State for Education and Skills v Mairs Admn 25-May-2005
The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 07 December 2022; Ref: scu.228501