Webster v. Hutton [1961] JJ 157 (09 November 1961)
- Citation
- [1961] JJ 157
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
If a salvage agreement is silent as to the amount of security, the salvor may specify a figure, but it must be reasonably related to the value of the property salved; otherwise, the court may direct the salvor to seek specification from the Committee of Lloyds if the agreement permits.
Court disposition
partially allowed
Orders
- Salvor may specify a reasonable security figure related to the value of the property salved.
- Court may direct recourse to Committee of Lloyds if agreement permits.
02
Material facts
Parties
Webster
ApplicantHutton
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a maritime lien is adequate protection for a salvor
- 02
How the amount of security for salvage operations should be determined when the agreement is silent
Party arguments
- Applicant
- The salvor requires security for salvage operations beyond a maritime lien, and should be able to specify the amount if the agreement is silent.
- Respondent
- The maritime lien is adequate protection, or the amount of security should not be unilaterally set by the salvor.
05
Court’s reasoning
Legal principles
- 01
Webster v. Hutton [1961] JJ 157
A maritime lien may be inadequate protection for a salvor; if the agreement is silent as to the amount of security, the salvor is only entitled to specify a figure reasonably related to the value of the property salved.
06
Ratio, limits and disposition
Ratio decidendi
If a salvage agreement is silent as to the amount of security, the salvor may specify a figure, but it must be reasonably related to the value of the property salved; otherwise, the court may direct the salvor to seek specification from the Committee of Lloyds if the agreement permits.
Obiter and limits
- The court may intervene to direct the salvor to ask the Committee of Lloyds to specify the figure if the agreement allows.
Court disposition
partially allowed
- Salvor may specify a reasonable security figure related to the value of the property salved.
- Court may direct recourse to Committee of Lloyds if agreement permits.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Webster v. Hutton [1961] JJ 157 (09 November 1961) URL: https://www.bailii.org/je/cases/JLR/1961/JLR610157.html Cite as: [1961] JJ 157 [ New search ] [ Help ] Webster v. Hutton 1961 J. J. 157 (09 November 1961) Shipping-salvage-security for salvage operations-maritime lien may be inadequate protection of salvor-if agreement silent as to amount of security, salvor only entitled to specify figure reasonably related to value of property salved-in default, court may direct salvor to ask Committee of Lloyds to specify figure if agreement permits The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1961 J. J. 157 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1961/JLR610157.html
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