Kerr v. The Screw Collier Co., Ltd (Owners of the "Prudhoe Castle") [1909] ScotLR 338 (23 January 1909)

Kerr v. The Screw Collier Co., Ltd (Owners of the "Prudhoe Castle") [1909] ScotLR 338 (23 January 1909)

The Court held that the Firth of Forth from the Forth Bridge upwards is a narrow channel within the meaning of article 25 of the Regulations for Preventing Collisions at Sea, and this interpretation should be applied in future cases.

Citation
[1909] ScotLR 338
Parties
Pursuer (appellant): Isabella Webster or Kerr; Defender (respondent): The Screw Collier Company, Limited (Owners of the 'Prudhoe Castle')
Jurisdiction
Scotland
Judgment Date
23 January 1909
Procedural Posture
Civil Appeal / Reclaiming Motion (appeal From Lord Ordinary's Interlocutor)
Outcome
appeal allowed on the point of law regarding the definition of 'narrow channel'
Legal Topics
Collision at Sea, Narrow Channel Navigation, Merchant Shipping Act 1894, Regulations for Preventing Collisions at Sea
Maritime Law Tort Law Collision at Sea Narrow Channel Navigation Merchant Shipping Act 1894 Regulations for Preventing Collisions at Sea

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Parties

Isabella Webster or Kerr

Pursuer (appellant)

The Screw Collier Company, Limited (Owners of the 'Prudhoe Castle')

Defender (respondent)

Procedural Posture

Civil Appeal / Reclaiming Motion (appeal From Lord Ordinary's Interlocutor)

Legal Issues

  1. 1 Whether the Firth of Forth west of the Forth Bridge constitutes a 'narrow channel' under article 25 of the Regulations for Preventing Collisions at Sea
  2. 2 Whether the defenders were at fault for failing to keep to the starboard side of the channel

Ratio Decidendi

The Court held that the Firth of Forth from the Forth Bridge upwards is a narrow channel within the meaning of article 25 of the Regulations for Preventing Collisions at Sea, and this interpretation should be applied in future cases.

Court Disposition

appeal allowed on the point of law regarding the definition of 'narrow channel'

Orders

  • It is declared that the Firth of Forth from the Forth Bridge upwards is a narrow channel in the sense of article 25 of the Regulations for Preventing Collisions at Sea.