Cairns and Others v. Harry Walker Ltd and Another [1913] ScotLR 104 (19 November 1913)

Cairns and Others v. Harry Walker Ltd and Another [1913] ScotLR 104 (19 November 1913)

The defenders, having knowingly supplied goods to the steward for the purpose of smuggling and having an interest in the success of the smuggling adventure, were accessory to the wrongful and illegal use of the pursuers' ship. Their complicity rendered them jointly and severally liable for the damages, namely the fine imposed on the ship at Buenos Ayres.

Citation
[1913] ScotLR 104
Parties
Pursuer: Robert Cairns and Others; Defender: Harry Walker Limited and H. Walker
Jurisdiction
Scotland
Judgment Date
19 November 1913
Procedural Posture
Reparation (damages) / Appeal (reclaiming Note) From Lord Ordinary to Inner House
Outcome
Appeal refused; interlocutor of Lord Ordinary adhered to with variation as to amount of damages.
Legal Topics
Accessory Liability, Wrongful Use of Property, Smuggling, Sale of Goods, Conspiracy to Defraud, Damages
Civil Law Delict (tort) Commercial Law Accessory Liability Wrongful Use of Property Smuggling Sale of Goods Conspiracy to Defraud +1 more

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Parties

Robert Cairns and Others

Pursuer

Harry Walker Limited and H. Walker

Defender

Procedural Posture

Reparation (damages) / Appeal (reclaiming Note) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether the seller of goods is liable in damages to the shipowner for being accessory to the wrongful and illegal use of the ship for smuggling.
  2. 2 Whether knowledge and participation in the smuggling scheme by the seller renders them liable for the fine imposed on the ship.

Ratio Decidendi

The defenders, having knowingly supplied goods to the steward for the purpose of smuggling and having an interest in the success of the smuggling adventure, were accessory to the wrongful and illegal use of the pursuers' ship. Their complicity rendered them jointly and severally liable for the damages, namely the fine imposed on the ship at Buenos Ayres.

Court Disposition

Appeal refused; interlocutor of Lord Ordinary adhered to with variation as to amount of damages.

Orders

  • Damages awarded to pursuers in the sum of £85, 10s. 6d. against defenders jointly and severally.