Clan Steam Trawling Co., Ltd, and Others v. Aberdeen Steam Trawling and Fishing Co., Ltd [1908] ScotLR 462 (25 February 1908)

Clan Steam Trawling Co., Ltd, and Others v. Aberdeen Steam Trawling and Fishing Co., Ltd [1908] ScotLR 462 (25 February 1908)

Services rendered by one vessel to another in distress are not 'salvage services' if rendered pursuant to a pre-existing contractual obligation, such as that contained in a mutual insurance policy. The owners of the Clan Grant were contractually bound to assist the Strathclyde, and thus their services were not voluntary and did not entitle them to salvage remuneration.

Citation
[1908] ScotLR 462
Parties
Pursuer: Clan Steam Trawling Company, Limited, and Others; Defender: Aberdeen Steam Trawling and Fishing Company, Limited
Jurisdiction
Scotland
Judgment Date
25 February 1908
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; first plea-in-law for defenders sustained; defenders assoilzied (absolved) from the claim for salvage by the owners; case remitted for further procedure regarding crew claims.
Legal Topics
Salvage, Contractual Obligations, Mutual Insurance, Remuneration for Services, Public Policy in Maritime Assistance
Maritime Law Insurance Law Contract Law Salvage Contractual Obligations Mutual Insurance Remuneration for Services Public Policy in Maritime Assistance

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Parties

Clan Steam Trawling Company, Limited, and Others

Pursuer

Aberdeen Steam Trawling and Fishing Company, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether services rendered by one insured vessel to another under a mutual insurance contract constitute 'salvage services' entitling the owner to salvage remuneration.
  2. 2 Whether a pre-existing contractual obligation to render assistance bars a claim for salvage.

Ratio Decidendi

Services rendered by one vessel to another in distress are not 'salvage services' if rendered pursuant to a pre-existing contractual obligation, such as that contained in a mutual insurance policy. The owners of the Clan Grant were contractually bound to assist the Strathclyde, and thus their services were not voluntary and did not entitle them to salvage remuneration.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; first plea-in-law for defenders sustained; defenders assoilzied (absolved) from the claim for salvage by the owners; case remitted for further procedure regarding crew claims.

Orders

  • Recall the interlocutor of the Lord Ordinary.
  • Sustain the first plea-in-law for the defenders.