Main and Others (Owners of the "Gratitude") v. Leask and Others (Owners of the "Comely") [1910] ScotLR 660 (26 May 1910)

Main and Others (Owners of the "Gratitude") v. Leask and Others (Owners of the "Comely") [1910] ScotLR 660 (26 May 1910)

The Court held that the claim for loss of prospective profits by both owners and crew is not excluded as a matter of law, provided the loss is not too remote and is supported by sufficient evidence. The measure of damages is not limited to the market value of the vessel at the date of loss; damages may include loss of profits for the remainder of the fishing season if relevantly averred and proved. The crew, as joint adventurers, have a direct interest and may claim for their share of lost profits.

Citation
[1910] ScotLR 660
Parties
Pursuers (applicants): James Main and others (Owners of the 'Gratitude'); Defenders (respondents): W. H. Leask and others (Owners of the 'Comely')
Jurisdiction
Scotland
Judgment Date
26 May 1910
Procedural Posture
Civil Damages (collision at Sea) / Inner House (appeal/reclaiming Motion)
Outcome
Interlocutor of the Lord Ordinary recalled; proof before answer allowed on pursuers' averments as to loss of prospective profits; case remitted for further proceedings.
Legal Topics
Measure of Damages, Remoteness of Damage, Total Loss, Prospective Profits, Joint Adventure, Collision at Sea
Maritime Law Tort Law Insurance Law Measure of Damages Remoteness of Damage Total Loss Prospective Profits Joint Adventure +1 more

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Parties

James Main and others (Owners of the 'Gratitude')

Pursuers (applicants)

W. H. Leask and others (Owners of the 'Comely')

Defenders (respondents)

Procedural Posture

Civil Damages (collision at Sea) / Inner House (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether owners and crew of a fishing vessel totally lost in a collision can recover prospective profits for the remainder of the fishing season, in addition to the market value of the vessel.
  2. 2 Whether the crew, as joint adventurers, have a direct claim for loss of profits or are limited to compensation for personal effects.

Ratio Decidendi

The Court held that the claim for loss of prospective profits by both owners and crew is not excluded as a matter of law, provided the loss is not too remote and is supported by sufficient evidence. The measure of damages is not limited to the market value of the vessel at the date of loss; damages may include loss of profits for the remainder of the fishing season if relevantly averred and proved. The crew, as joint adventurers, have a direct interest and may claim for their share of lost profits.

Court Disposition

Interlocutor of the Lord Ordinary recalled; proof before answer allowed on pursuers' averments as to loss of prospective profits; case remitted for further proceedings.

Orders

  • Recall of Lord Ordinary's interlocutor.
  • Remit to Lord Ordinary to allow proof before answer of pursuers' averments regarding loss of prospective profits.