Krysia Maritime v Intership Ltd

It is arguable that the specific finding of negligence against the Master was not properly put to him and may have affected the outcome; permission to appeal on this ground is therefore granted.

Parties: Appellant: Krysia Maritime; Respondent: Intership Ltd
Jurisdiction: England and Wales
Judgment Date: 29 January 2009
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Application for permission to appeal granted
Legal Topics: Negligence, Apportionment of Liability, Procedural Fairness

Maritime Law Tort Law Negligence Apportionment of Liability Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Krysia Maritime

Appellant

Intership Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the trial judge erred in finding contributory negligence against the Master of the Krysia without the allegation being sufficiently put to him
2 Whether the specific finding of negligence was inconsistent with the evidence
3 Whether the appeal is proportionate given the quantum in issue

Ratio Decidendi

It is arguable that the specific finding of negligence against the Master was not properly put to him and may have affected the outcome; permission to appeal on this ground is therefore granted.

Court Disposition

Application for permission to appeal granted

Orders

Permission to appeal granted on the first ground
Time estimate for appeal set at one and a half days