Kennedy and Another (Owners of "Welshman") v. Clyde Shipping Co., Ltd (Owners of "Portland") and Others [1908] ScotLR 736 (05 June 1908)

Kennedy and Another (Owners of "Welshman") v. Clyde Shipping Co., Ltd (Owners of "Portland") and Others [1908] ScotLR 736 (05 June 1908)

It is too late to alter the interlocutor regarding expenses; petitioners are liable for the taxed amounts as approved by the Auditor, including expenses of remit, procedure, and objections, as per the interlocutor and section 504 Merchant Shipping Act 1894.

Citation
[1908] ScotLR 736
Parties
Petitioners: David M'Allister Kennedy and John Kennedy; Claimant: Clyde Shipping Company, Limited; Claimant: N. Adshead & Son and Others; Claimant: James Stirling; Claimant: Fletcher Son & Fearnall, Limited and Others; Claimant: Arrols Bridge and Roof Company, Limited and Others
Jurisdiction
Scotland
Judgment Date
05 June 1908
Procedural Posture
Petition for Limitation of Liability / Final Judgment on Expenses After Interlocutor and Auditor's Report
Outcome
Petitioners' objections to Auditor's reports repelled; interlocutor approved; petitioners decerned for payment of taxed expenses to claimants.
Legal Topics
Limitation of Liability, Distribution of Limited Fund, Expenses, Merchant Shipping Act 1894
Maritime Law Civil Procedure Limitation of Liability Distribution of Limited Fund Expenses Merchant Shipping Act 1894

Case Brief

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Parties

David M'Allister Kennedy and John Kennedy

Petitioners

Clyde Shipping Company, Limited

Claimant

N. Adshead & Son and Others

Claimant

James Stirling

Claimant

Fletcher Son & Fearnall, Limited and Others

Claimant

Arrols Bridge and Roof Company, Limited and Others

Claimant

Procedural Posture

Petition for Limitation of Liability / Final Judgment on Expenses After Interlocutor and Auditor's Report

Legal Issues

  1. 1 Extent of petitioners' liability for expenses beyond the limited fund
  2. 2 Proper allocation of expenses among multiple claimants
  3. 3 Interpretation of section 504 Merchant Shipping Act 1894

Ratio Decidendi

It is too late to alter the interlocutor regarding expenses; petitioners are liable for the taxed amounts as approved by the Auditor, including expenses of remit, procedure, and objections, as per the interlocutor and section 504 Merchant Shipping Act 1894.

Court Disposition

Petitioners' objections to Auditor's reports repelled; interlocutor approved; petitioners decerned for payment of taxed expenses to claimants.

Orders

  • Petitioners to pay taxed amounts of claimants' respective accounts as approved by Auditor.
  • Interlocutor regarding expenses stands unaltered.