Couper v. M'kenzie [1906] ScotLR 43_416 (07 March 1906)

Couper v. M'kenzie [1906] ScotLR 43_416 (07 March 1906)

A fishing boat registered under Part IV of the Merchant Shipping Act 1894 is 'registered under this Act' and thus entitled to limitation of liability under section 503; deduction for crew space certified by a Board of Trade surveyor is valid even if not registered under Part I; respondent is liable for expenses caused by his unsuccessful opposition to the petition.

Citation
[1906] ScotLR 43_416
Parties
Petitioner: George Couper; Respondent: Daniel M'Kenzie
Jurisdiction
Scotland
Judgment Date
07 March 1906
Procedural Posture
Petition for Limitation of Liability / Final Judgment
Outcome
petition granted
Legal Topics
Limitation of Liability, Ship Registration, Merchant Shipping Act 1894, Fishing Boat Registry, Deduction of Crew Space, Expenses in Litigation
Maritime Law Statutory Interpretation Limitation of Liability Ship Registration Merchant Shipping Act 1894 Fishing Boat Registry Deduction of Crew Space Expenses in Litigation

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Parties

George Couper

Petitioner

Daniel M'Kenzie

Respondent

Procedural Posture

Petition for Limitation of Liability / Final Judgment

Legal Issues

  1. 1 Is registration under Part IV of the Merchant Shipping Act 1894 sufficient for a fishing boat to be recognised as a British ship entitled to limitation of liability under section 503?
  2. 2 Is the owner entitled to deduct crew space certified by a Board of Trade surveyor when calculating tonnage for limitation purposes, even if not registered under Part I?
  3. 3 Who is liable for expenses caused by opposition to the petition for limitation of liability?

Ratio Decidendi

A fishing boat registered under Part IV of the Merchant Shipping Act 1894 is 'registered under this Act' and thus entitled to limitation of liability under section 503; deduction for crew space certified by a Board of Trade surveyor is valid even if not registered under Part I; respondent is liable for expenses caused by his unsuccessful opposition to the petition.

Court Disposition

petition granted

Orders

  • Liability of petitioner limited to £475, 2s. 8d.
  • Respondent liable to petitioner for expenses caused by opposition to limitation claim.