Owners of S.S. "St Clair" v. Owners of "Audny." [1921] ScotLR 99 (08 December 1921)

Owners of S.S. "St Clair" v. Owners of "Audny." [1921] ScotLR 99 (08 December 1921)

The Lord Ordinary was entitled to determine whether bail was excessive and to fix the maximum amount for which expenses should be borne by defenders; pursuers are liable for bail bond expenses exceeding £8000, consistent with English practice, and the reclaiming note is refused.

Citation
[1921] ScotLR 99
Parties
Pursuer: Thomas Hamling & Company, Limited, Hull, owners of the steam trawler 'St Clair'; Defender: A. Pedersen, master and representing owners of the sailing vessel 'Audny' of Christiania and owners of the cargo
Jurisdiction
Scotland
Judgment Date
08 December 1921
Procedural Posture
Salvage Action / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; Lord Ordinary's finding affirmed.
Legal Topics
Salvage, Arrestment, Bail Bond Expenses, Jurisdiction, Modification of Expenses
Admiralty Civil Procedure Salvage Arrestment Bail Bond Expenses Jurisdiction Modification of Expenses

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Parties

Thomas Hamling & Company, Limited, Hull, owners of the steam trawler 'St Clair'

Pursuer

A. Pedersen, master and representing owners of the sailing vessel 'Audny' of Christiania and owners of the cargo

Defender

Procedural Posture

Salvage Action / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether bail bonds demanded in salvage actions were excessive
  2. 2 Whether expenses of bail bonds above a certain amount should be borne by pursuers
  3. 3 Applicability of English rules on bail bond expenses in Scottish practice

Ratio Decidendi

The Lord Ordinary was entitled to determine whether bail was excessive and to fix the maximum amount for which expenses should be borne by defenders; pursuers are liable for bail bond expenses exceeding £8000, consistent with English practice, and the reclaiming note is refused.

Court Disposition

Reclaiming note refused; Lord Ordinary's finding affirmed.

Orders

  • Pursuers liable for bail bond expenses exceeding £8000.
  • Case remitted to Lord Ordinary to fix proper charge for bail bond expenses.