Carisbrooke Shipping CV5 v Bird Port Ltd

Carisbrooke Shipping CV5 v Bird Port Ltd

The Claimant proved, on the balance of probabilities, that the vessel CHARLOTTE C was damaged by sitting on a steel coil at Bird Port due to the Defendant’s failure to have an adequate system of inspection and dredging. The Defendant’s breach of duty was causative of the damage, and the Defendant is liable for the resulting loss.

Parties
Claimant: CARISBROOKE Shipping CV5; Defendant: BIRD PORT LIMITED
Jurisdiction
England and Wales
Judgment Date
13 September 2005
Procedural Posture
Civil Admiralty (tort/negligence) / Judgment After Trial
Outcome
Claim allowed (liability established for Claimant)
Legal Topics
Occupiers’ Liability, Negligence, Damages, Burden of Proof, Quantum of Damages
Tort Law Admiralty Law Occupiers’ Liability Negligence Damages Burden of Proof Quantum of Damages

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Parties

CARISBROOKE Shipping CV5

Claimant

BIRD PORT LIMITED

Defendant

Procedural Posture

Civil Admiralty (tort/negligence) / Judgment After Trial

Legal Issues

  1. 1 Was the vessel CHARLOTTE C damaged by a steel coil at Bird Port?
  2. 2 Did the Defendant breach its duty of care under the Occupiers’ Liability Act 1957 and in negligence?
  3. 3 Is the Defendant liable for the claimed damages, including quantum?

Ratio Decidendi

The Claimant proved, on the balance of probabilities, that the vessel CHARLOTTE C was damaged by sitting on a steel coil at Bird Port due to the Defendant’s failure to have an adequate system of inspection and dredging. The Defendant’s breach of duty was causative of the damage, and the Defendant is liable for the resulting loss.

Court Disposition

Claim allowed (liability established for Claimant)

Orders

  • Defendant liable to Claimant for damages caused by breach of duty of care.
  • Damages to be calculated in accordance with the findings on quantum.