Cie Des Forges Et Acieries De La Marine Et D'Homecourt v. George Gibson & Co., Ltd [1920] ScotLR 260 (04 February 1920)

Cie Des Forges Et Acieries De La Marine Et D'Homecourt v. George Gibson & Co., Ltd [1920] ScotLR 260 (04 February 1920)

The pursuers cannot succeed on a ground of fault not averred on record; the 'Gala' was justified in departing from Article 21 as a skilled seaman would have believed collision could not be avoided by the action of the 'Eidsvaag' alone; the 'Gala' acted as a prudent and skilful sailor would have acted, and is absolved from blame; the 'Eidsvaag' was at fault for failing to keep out of the way.

Citation
[1920] ScotLR 260
Parties
Pursuer: Cie Des Forges Et Acieries De La Marine Et D'Homecourt, Paris, and Messrs Boyd, Jameson, & Young, W. S., Leith, their mandatories; Defender: George Gibson & Company, Limited, registered owners of the steamship 'Gala' of Leith
Jurisdiction
Scotland
Judgment Date
04 February 1920
Procedural Posture
Action of Damages for Collision / Appeal/reclaiming Motion Before Inner House, Court of Session
Outcome
Defenders assoilzied (absolved); pursuers' claim dismissed.
Legal Topics
Ship Collision, Regulations for Preventing Collisions at Sea, Apportionment of Fault, Duty of Holding on Vessel, Procedural Pleading Rules
Maritime Law Tort Law Ship Collision Regulations for Preventing Collisions at Sea Apportionment of Fault Duty of Holding on Vessel Procedural Pleading Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cie Des Forges Et Acieries De La Marine Et D'Homecourt, Paris, and Messrs Boyd, Jameson, & Young, W. S., Leith, their mandatories

Pursuer

George Gibson & Company, Limited, registered owners of the steamship 'Gala' of Leith

Defender

Procedural Posture

Action of Damages for Collision / Appeal/reclaiming Motion Before Inner House, Court of Session

Legal Issues

  1. 1 Whether the holding-on vessel ('Gala') was justified in departing from Article 21 of the Regulations for Preventing Collisions at Sea
  2. 2 Whether pursuers can succeed on a ground of fault not averred on record
  3. 3 Apportionment of blame between vessels in collision

Ratio Decidendi

The pursuers cannot succeed on a ground of fault not averred on record; the 'Gala' was justified in departing from Article 21 as a skilled seaman would have believed collision could not be avoided by the action of the 'Eidsvaag' alone; the 'Gala' acted as a prudent and skilful sailor would have acted, and is absolved from blame; the 'Eidsvaag' was at fault for failing to keep out of the way.

Court Disposition

Defenders assoilzied (absolved); pursuers' claim dismissed.

Orders

  • Claim for damages dismissed
  • No apportionment of blame against 'Gala'