The Admiralty v. The Aberdeen Steam Trawling and Fishing Co., Ltd [1910] ScotLR 509 (17 March 1910)

The Admiralty v. The Aberdeen Steam Trawling and Fishing Co., Ltd [1910] ScotLR 509 (17 March 1910)

The measure of damages recoverable by the Admiralty is the reasonable cost of repairs as would be incurred in the ordinary course at public or private docks, not the actual higher costs at the Admiralty dockyard. Charges for transporting, docking, and use of the dock must be limited to prevailing market rates, and not inflated by special circumstances or internal accounting of the Admiralty.

Citation
[1910] ScotLR 509
Parties
Pursuer: The Admiralty; Defender: The Aberdeen Steam Trawling and Fishing Company, Limited
Jurisdiction
Scotland
Judgment Date
17 March 1910
Procedural Posture
Civil Appeal (reclaiming Motion) / Inner House, Second Division, Court of Session (final Judgment)
Outcome
appeal allowed in part; damages reduced
Legal Topics
Collision at Sea, Measure of Damages, Cost of Repairs, Assessment of Damages
Shipping Law Tort Law Collision at Sea Measure of Damages Cost of Repairs Assessment of Damages

Case Brief

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Parties

The Admiralty

Pursuer

The Aberdeen Steam Trawling and Fishing Company, Limited

Defender

Procedural Posture

Civil Appeal (reclaiming Motion) / Inner House, Second Division, Court of Session (final Judgment)

Legal Issues

  1. 1 What is the proper measure of damages recoverable by the Admiralty for repairs to a naval vessel following a collision caused solely by the defender's fault?
  2. 2 Are the expenses for transporting, docking, undocking, and use of the dock to be assessed according to actual incurred costs or prevailing market rates in public/private docks?

Ratio Decidendi

The measure of damages recoverable by the Admiralty is the reasonable cost of repairs as would be incurred in the ordinary course at public or private docks, not the actual higher costs at the Admiralty dockyard. Charges for transporting, docking, and use of the dock must be limited to prevailing market rates, and not inflated by special circumstances or internal accounting of the Admiralty.

Court Disposition

appeal allowed in part; damages reduced

Orders

  • Interlocutor of Lord Ordinary recalled.
  • Decree for payment to the pursuers of £995, 9s. with interest as craved.