Pilotage Authorities (Limitation of Liability) Act 1936
| Jurisdiction | UK Non-devolved |
| Citation | 1936 c. 36 |
| Year | 1936 |
Pilotage Authorities (Limitation of Liability) Act, 1936
(26 Geo. 5 & 1 Edw. 8) CHAPTER 36.
An Act to make provision with respect to the liability of pilotage authorities and others.
[16th July 1936]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Limitation of liability of pilotage authorities.
(1) A pilotage authority (as defined in this Act) shall not, where without their actual fault or privity any loss or damage is caused to any vessel or vessels or to any goods, merchandise or other things whatsoever on board any vessel or vessels or to any other property or rights of any kind, whether on land or on water or whether fixed or moveable, be liable to damages beyond the amount of one hundred pounds multiplied by the number of pilots holding licences from the pilotage authority under section sixteen of the Pilotage Act, 1913 , for the pilotage district of the pilotage authority at the date when the loss or damage occurs.
(2) Nothing in this section shall impose any liability in respect of any such loss or damage as aforesaid on any pilotage authority in any case where no such liability would have existed if this Act had not been passed.
2 Limitation of liability where several claims on one occasion.
2. The limitation of liability under section one of this Act shall relate to the whole of any losses and damages which may arise upon any one distinct occasion although such losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any public general or local Act of Parliament and notwithstanding anything contained in such Act.
3 Power of Courts to consolidate claims.
3. Where any liability is alleged to have been incurred by a pilotage authority in respect of any loss or damage to which section one of this Act applies and several claims are made or apprehended in respect of that liability, then the pilotage authority may apply in England to the High Court, or in Scotland to the Court of Session, or in Northern Ireland to the High Court of Justice in Northern Ireland, or in the Isle of Man to the High Court of Justice of the Isle of Man, and that Court may determine the amount of liability of the pilotage authority and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other Court in relation to the same matter, and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring...
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