Webster v. Hutton [1961] JJ 157 (09 November 1961)

Webster v. Hutton [1961] JJ 157 (09 November 1961)

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.

Citation
[1961] JJ 157
Parties
Applicant: Webster; Respondent: Hutton
Jurisdiction
Jersey
Judgment Date
09 November 1961
Procedural Posture
Civil / Judgment
Outcome
partially allowed
Legal Topics
Salvage, Security for Salvage Operations, Maritime Lien
Maritime Law Salvage Security for Salvage Operations Maritime Lien

Case Brief

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Parties

Webster

Applicant

Hutton

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a maritime lien is adequate protection for a salvor
  2. 2 How the amount of security for salvage operations should be determined when the agreement is silent

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.

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.