A colllision took place at sea. The vessel causing the damage got away. From the appearance of a vessel in port, the owners of the damaged vessel caused her to be arrested to answer an action for damages. The vessel seized was a foreign vessel, and in consequence of the owner having no funds in this country, she was detained for some months before she was released on bail.
The Plaintiffs failed in identifying the vessel seized as being the one causing the damage, and the Admiralty Court. dismissed the action with costs, refusing to award damages.
Such decree affirmed on appeal, there being no evidence of male fides, or crassa negligentia, which might imply malice, on the part of the Plaintiffs in arresting the ship, such arrestment being necessary and the foundation of the action in the Admiralty Court, the proceedings being in rem.
Citations:
[1858] UKPC 26
Links:
Jurisdiction:
England and Wales
Transport
Updated: 24 August 2022; Ref: scu.424504