Garscadden v. Ardrossan Dry Dock and Shipbuilding Co., Ltd [1909] ScotLR 174 (15 December 1909)

Garscadden v. Ardrossan Dry Dock and Shipbuilding Co., Ltd [1909] ScotLR 174 (15 December 1909)

A shipbuilder's lien for repairs does not extend to securing payment for future or contingent legal expenses arising from litigation over the account. The owner is entitled to delivery of the vessel upon consignation of the full amount of the account for repairs, without consignation for possible future expenses.

Citation
[1909] ScotLR 174
Parties
Pursuer: William James Garscadden; Defender: Ardrossan Dry Dock and Shipbuilding Company, Limited
Jurisdiction
Scotland
Judgment Date
15 December 1909
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal allowed
Legal Topics
Lien, Retention, Ship Repairs, Security for Expenses
Commercial Law Property Law Lien Retention Ship Repairs Security for Expenses

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Parties

William James Garscadden

Pursuer

Ardrossan Dry Dock and Shipbuilding Company, Limited

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Does a shipbuilder's lien over a vessel for repairs extend to cover prospective legal expenses incurred in litigation over the account?
  2. 2 Is the owner entitled to delivery of the vessel upon consignation of the disputed account amount, without consignation for possible future expenses?

Ratio Decidendi

A shipbuilder's lien for repairs does not extend to securing payment for future or contingent legal expenses arising from litigation over the account. The owner is entitled to delivery of the vessel upon consignation of the full amount of the account for repairs, without consignation for possible future expenses.

Court Disposition

appeal allowed

Orders

  • Recall the interlocutor of the Sheriff-Substitute.
  • Order delivery of the steamship 'Staffa' to the pursuer upon consignation of the full account amount (£200 paid, £50 consigned, £25 to be consigned) within three days of the interlocutor.