"Vitruvia" S.S. Co., Ltd v. Ropner Shipping Co., Ltd [1923] ScotLR 379 (09 March 1923)

"Vitruvia" S.S. Co., Ltd v. Ropner Shipping Co., Ltd [1923] ScotLR 379 (09 March 1923)

The defenders are liable for loss of profits and oncost charges for the 22 days' detention, as the evidence established the detention was due to collision repairs and not the propeller defect. The agreed daily rates are applicable. Interest is allowed from the date of payment of repairs only on the repair cost, and otherwise from the date of decree.

Citation
[1923] ScotLR 379
Parties
Pursuer: Vitruvia S.S. Company, Limited; Defender: Ropner Shipping Company, Limited
Jurisdiction
Scotland
Judgment Date
09 March 1923
Procedural Posture
Civil / Appeal From Lord Ordinary to Inner House, First Division
Outcome
Interlocutor of Lord Ordinary varied and adhered to as varied.
Legal Topics
Collision, Ship Detention, Loss of Profits, Interest on Damages, Proof of Loss, Remoteness of Damage
Maritime Law Tort Law Damages Collision Ship Detention Loss of Profits Interest on Damages Proof of Loss +1 more

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Parties

Vitruvia S.S. Company, Limited

Pursuer

Ropner Shipping Company, Limited

Defender

Procedural Posture

Civil / Appeal From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the defenders are liable for loss of profits and oncost charges due to the detention of the pursuers' ship for collision repairs.
  2. 2 Whether the period of detention was caused by the collision or by other defects (propeller).
  3. 3 From what date interest is to be awarded on the damages.

Ratio Decidendi

The defenders are liable for loss of profits and oncost charges for the 22 days' detention, as the evidence established the detention was due to collision repairs and not the propeller defect. The agreed daily rates are applicable. Interest is allowed from the date of payment of repairs only on the repair cost, and otherwise from the date of decree.

Court Disposition

Interlocutor of Lord Ordinary varied and adhered to as varied.

Orders

  • Defenders to pay £16,030 13s. 11d. to pursuers.
  • Interest at 5% on £1,270 14s. 10d. (repair cost) from 17 February 1921.