Trustees of the Clyde Navigation v. Wilhelmsen [1915] ScotLR 304 (27 January 1915)

The Firth of Clyde at the site of the collision is a narrow channel within the meaning of Article 25 of the Regulations for Preventing Collisions at Sea, 1897, and the defender was in breach of the duty to keep to starboard, rendering him liable for damages.

Citation: [1915] ScotLR 304
Parties: Pursuers and Appellants: Trustees of the Clyde Navigation; Defender and Respondent: W. Wilhelmsen, owner of the steamship 'Waterloo' of Tonsberg, Norway
Jurisdiction: Scotland
Judgment Date: 27 January 1915
Procedural Posture: Civil Appeal (damages for Collision) / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome: Appeal allowed; defender found liable for damages.
Legal Topics: Collision at Sea, Narrow Channel Rule, Interpretation of Regulations, Liability for Damages

Maritime Law Shipping Law Collision at Sea Narrow Channel Rule Interpretation of Regulations Liability for Damages

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Parties

Trustees of the Clyde Navigation

Pursuers and Appellants

W. Wilhelmsen, owner of the steamship 'Waterloo' of Tonsberg, Norway

Defender and Respondent

Procedural Posture

Civil Appeal (damages for Collision) / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

1 Whether the Firth of Clyde at the locus of collision is a 'narrow channel' under Article 25 of the Regulations for Preventing Collisions at Sea, 1897
2 Whether the defender was liable for damages resulting from the collision

Ratio Decidendi

Court Disposition

Appeal allowed; defender found liable for damages.

Orders

Interlocutor of the Sheriff-Substitute recalled.
Found in fact that the collision took place in a narrow channel within Article 25.