The Lindsey Steam Pishing Co., Ltd v. Actieselskabet Bonheur [1912] ScotLR 894 (10 July 1912)

The Lindsey Steam Pishing Co., Ltd v. Actieselskabet Bonheur [1912] ScotLR 894 (10 July 1912)

Conjoined actions with hostile claims are permissible; cross-examination of each other's witnesses is allowed; joint tender must be apportioned between pursuers, following English Admiralty practice.

Citation
[1912] ScotLR 894
Parties
Pursuer: John S. Boyle; Pursuer: The Lindsey Steam Fishing Company, Limited; Defender: Fred. Olsen; Defender: Actieselskabet Bonheur
Jurisdiction
Scotland
Judgment Date
10 July 1912
Procedural Posture
Salvage Remuneration and Damages / Reclaiming Note; Interlocutor Appealed
Outcome
interlocutor adhered to and varied
Legal Topics
Salvage, Conjoined Actions, Cross Examination, Joint Tender, Apportionment
Admiralty Civil Procedure Salvage Conjoined Actions Cross Examination Joint Tender Apportionment

Case Brief

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Parties

John S. Boyle

Pursuer

The Lindsey Steam Fishing Company, Limited

Pursuer

Fred. Olsen

Defender

Actieselskabet Bonheur

Defender

Procedural Posture

Salvage Remuneration and Damages / Reclaiming Note; Interlocutor Appealed

Legal Issues

  1. 1 Whether conjoined actions with hostile claims between pursuers are permissible
  2. 2 Whether cross-examination of each other's witnesses should be allowed in conjoined actions
  3. 3 Whether joint tender by defender must be apportioned between rival pursuers

Ratio Decidendi

Conjoined actions with hostile claims are permissible; cross-examination of each other's witnesses is allowed; joint tender must be apportioned between pursuers, following English Admiralty practice.

Court Disposition

interlocutor adhered to and varied

Orders

  • Counsel for one pursuer granted right to cross-examine witnesses of the other
  • Defender required to apportion tender among pursuers