Todd v Adams (t/a Trelawney Fishing Co) [QBD (Admiralty)]
| Jurisdiction | England & Wales |
| Judge | Aikens J. |
| Judgment Date | 05 June 2001 |
| Court | Queen's Bench Division (Admiralty) |
| Date | 05 June 2001 |
QUEEN'S BENCH DIVISION
Before Mr Justice Aikens.
Health and safety - secondary legislation providing for safety of fishing vessels - breach did not impose civil liability on vessel's owners
Secondary legislation providing for the safety and stability of fishing vessels did not impose civil liability on persons for any breach of statutory duty which resulted in death or personal injury.
Mr Justice Aikens so held in the Queen's Bench Division when determining the preliminary issue of whether the Fishing Vessel (Safety Provisions) Rules (SI 1975 No 330) imposed civil liability on persons in breach of those rules, in favour of the defendants, Mr Godfrey Adams and Mr Malcolm Chope, the owners of a fishing vessel.
The issue arose in respect of a claim made against them by Mrs Moira Todd, Mrs Rosemary Williams and Mrs Tracy Waters for damages under the Fatal Accident Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 following the death of four fishermen, who were the husbands, son and partner of the claimants, caused when the defendants' vessel capsized and sank while hauling her fishing gear.
The claimants alleged that the accident was caused or contributed to by the defendants breach of statutory duty under rule 16 of the 1975 Rules to satisfy the specified stability criteria applying to the vessel in all its foreseeable operating conditions.
Mr Michael Davey for the claimants; Mr Michael Nolan for the defendants.
MR JUSTICE AIKENS said that the 1975 Rules, originally made pursuant to the Fishing Vessels (Safety Provisions) Act 1970, now derived authority from section 121 of the Merchant Shipping Act 1995.
Under that...
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