Steel & Bennie, Ltd v. Evangelista [1913] ScotLR 839 (10 July 1913)

Steel & Bennie, Ltd v. Evangelista [1913] ScotLR 839 (10 July 1913)

The Lord Ordinary misapprehended the facts and undervalued the services rendered by the 'Cruiser', which rescued the 'Taquary' from imminent danger of total loss. The value of the salved property, the degree of risk, and the essential nature of the services justified an increased award of £1200.

Citation
[1913] ScotLR 839
Parties
Pursuer: Steel & Bennie, Limited; Defender: Tito Jose Evangelista, master and representing the owners of the steamship 'Taquary'
Jurisdiction
Scotland
Judgment Date
10 July 1913
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; decree for £1200 in favour of pursuers
Legal Topics
Salvage, Assessment of Salvage Awards, Risk to Salved Property, Risk to Salvor, Valuation of Services
Maritime Law Salvage Assessment of Salvage Awards Risk to Salved Property Risk to Salvor Valuation of Services

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Parties

Steel & Bennie, Limited

Pursuer

Tito Jose Evangelista, master and representing the owners of the steamship 'Taquary'

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 What is the appropriate amount to award for salvage services rendered by the tug 'Cruiser' to the steamship 'Taquary'?
  2. 2 Was the Lord Ordinary's award of £700 unreasonably small given the circumstances and value of the salved property?

Ratio Decidendi

The Lord Ordinary misapprehended the facts and undervalued the services rendered by the 'Cruiser', which rescued the 'Taquary' from imminent danger of total loss. The value of the salved property, the degree of risk, and the essential nature of the services justified an increased award of £1200.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; decree for £1200 in favour of pursuers

Orders

  • Defender to pay pursuers £1200 for salvage services rendered by the 'Cruiser'