Docks and Harbours in UK Law

Leading Cases
  • Owners of SS. "Hontestroom" v Owners of SS. "Sagaporack."
    • House of Lords
    • 20 Jul 1926

    None the less, not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial judge, and, unless it can be shown that he has failed to use or has palpably misused his advantage, the higher Court ought not to take the responsibility of reversing conclusions so arrived at, merely on the result of their own comparisons and criticisms of the witnesses and of their own view of the probabilities of the case.

  • Mersey Docks and Harbour Board v Procter
    • House of Lords
    • 13 Mar 1923

    In such a case it is the duty of the Court of Appeal to make up its own mind, not disregarding the judgment appealed from and giving special weight to that judgment in cases where the credibility of the witnesses comes into question, but with full liberty to draw its own inference from the facts proved or admitted and to decide accordingly.

    The leading distinction between an invitee and a licensee is that, in the case of the former, invitor and invitee have a common interest, while, in the latter, licensor and licensee have none. The common interest here is that ships in the docks should, when necessary, be able to employ boilermakers on board of them.

  • Ward v Tesco Stores Ltd
    • Court of Appeal
    • 13 Nov 1975

    This case, too, has to be decided on its own facts, to which established principles must be applied. "Where", said Chief Justice Erle, "the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care."

    Such burden of proof as there is on defendants in such circumstances is evidential, not probative. The trial judge thought that prima facie this accident would not have happened had the defendants taken reasonable care. In my judgment he was justified in taking that view because the probabilities were that the spillage had been on the floor long enough for it to have been cleaned up by a member of the staff.

  • McDermid v Nash Dredging & Reclamation Company Ltd
    • House of Lords
    • 02 Jul 1987

    A statement of the relevant principle of law can be divided into three parts. The essential characteristic of the duty is that, if it is not performed, it is no defence for the employer to show that he delegated its performance to a person, whether his servant or not his servant, whom he reasonably believed to be competent to perform it. Despite such delegation the employer is liable for the non-performance of the duty.

  • Compania Naviera Maropan S/A v Bowaters Lloyd Pulp and Paper Mills Ltd (Stork.)
    • Court of Appeal
    • 05 Apr 1955

    But this does not involve, nor in practice would it be reasonable or convenient, that where Charterers have the contractual duty of ordering a ship to go to some place designated safe and where the ship has the contractual duty of obeying the order, the ship must always doubt the validity of the order and must not proceed until, by making some or by seeking information extending beyond that ordinarily available to a reasonable and prudent ship's Master, there has been a satisfactory verification that a place designated safe is in fact so.

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Books & Journal Articles
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Law Firm Commentaries
  • Marine Navigation Act 2013
    • Mondaq United Kingdom
    • July 15, 2013
    ...... have a maritime pilot on board a vessel to enter or traverse some harbours creates an added expense to shipping companies. In some instances, where a ... Special Directions. Section 52 of the Harbours, Docks and Piers Clauses Act 1847, usually incorporated into a harbour's local ......
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