British Fame (Owners) v Macgregor (Owners)
| Jurisdiction | England & Wales |
| Date | 1941 |
| Year | 1941 |
| Court | House of Lords |
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215 cases
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Melvina Frett-Henry Appellant v [1] Tortola Concrete Ltd [2] Clayton Smithen Respondents
...trial judge would be concerned with the blameworthiness of each party as well as the relative importance of the acts causing the damage. The MacGregor [1943] A.C. 197 applied; Davies v Swan Motor Co. (Swansea) Ltd. [1949] 2 K.B. 291 applied. 8. In the present appeal, the trial judge did n......
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Nautical Challenge Ltd v Evergreen Marine (UK) Ltd
...the three vessels as contributing causes of the damage or loss”. The nature of the exercise was described by Lord Wright in The MacGregor [1943] AC 197 at p.200 (in a passage followed in The Koningin Juliana [1975] 2 Lloyd's Reports by Lord Simon at p.115) as follows: “a question of the deg......
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Brown v Thompson
...practice of this court. Perhaps at the risk of being tedious in giving this reminder, the locus classicue of course, is the case of THE MACGREGOR, roported in (1943) AppealCases at page 197. It was an Admiralty decision, which went to the House of Lords, and the speech to which I desire to ......
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Baker v Willoughby
...criticise him for this as the matter is often one of impression and not susceptible of precise calculation. As Lord Wright said in British Fame v. Macgregor (1943 Appeal Cases 197 at page 201): "It is a question of the degree of fault depending on a trained and expert judgment considering ......
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2 firm's commentaries
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Shearing through issues of credit, design and construction of premises and an employer's liability
...or discretion, as to which there may well be differences of opinion by different minds': British Fame (Owners) v Macgregor (Owners) [1943] AC 197 at 201. Such a finding, if made by a judge, is not lightly reviewed." Giles JA found that there had been an error on the part of the trial Judge ......
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Exercise Of Apportionment Between Tortfeasors And Determination Of Contributory Negligence When There Is A Failure To Slow Down.
...The Council's poorly designed and ambiguous road signs. Justice Giles upheld the decision of British Fame (Owners) v Macgregor (Owners) [1943] AC 197 and Tarabay v [2008] NSWCA 259, namely, that a finding of apportionment is not a finding of fact and a balancing act is required, which may r......
1 books & journal articles
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APPEALS FROM DISCRETIONS, SATISFACTIONS AND VALUE JUDGMENTS: REVIEWING THE HOUSE RULES.
...in n 69. In Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529, 532, the High Court quoted British Fame v Macgregor [1943] AC 197, 201, where Lord Wright said that a finding on a question of apportionment is a finding upon 'a question ... not of principle or of positive fin......