Nicholson and Others v. Leith Salvage and Towage Co., Ltd, and Others [1923] ScotLR 278 (06 February 1923)

Nicholson and Others v. Leith Salvage and Towage Co., Ltd, and Others [1923] ScotLR 278 (06 February 1923)

The defenders failed to prove any agreement or custom barring the pursuers' statutory right to share in the salvage award. Section 156 of the Merchant Shipping Act 1894 protects seamen's salvage rights unless a clear, equitable agreement to the contrary is established. Evidence of custom is inadmissible to override statutory requirements. The pursuers are not barred from participating in the salvage award obtained by the defenders for services rendered to the 'Graciana.'

Citation
[1923] ScotLR 278
Parties
Pursuer: Robert Nicholson, William A. Gray, Charles M'Gregor, and others (certain members of the crew of the steam tug 'R. Nicholson'); Defender: Leith Salvage and Towage Company, Limited; Defender: John Williamson and others (remaining members of the crew for their interest)
Jurisdiction
Scotland
Judgment Date
06 February 1923
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Interlocutor of Lord Ordinary recalled; defenders' pleas repelled; remit to arbiter for apportionment of salvage award.
Legal Topics
Salvage Rights, Seamen's Remuneration, Statutory Interpretation, Custom in Maritime Employment
Maritime Law Employment Law Salvage Rights Seamen's Remuneration Statutory Interpretation Custom in Maritime Employment

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Parties

Robert Nicholson, William A. Gray, Charles M'Gregor, and others (certain members of the crew of the steam tug 'R. Nicholson')

Pursuer

Leith Salvage and Towage Company, Limited

Defender

John Williamson and others (remaining members of the crew for their interest)

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the master and crew of a tug, employed by a salvage company, are entitled to share in a salvage award obtained by their employer for services rendered to a distressed vessel.
  2. 2 Whether there was an agreement or custom barring the crew's right to salvage under section 156 of the Merchant Shipping Act 1894.
  3. 3 Whether evidence of custom can dispense with statutory requirements for seamen's salvage rights.

Ratio Decidendi

The defenders failed to prove any agreement or custom barring the pursuers' statutory right to share in the salvage award. Section 156 of the Merchant Shipping Act 1894 protects seamen's salvage rights unless a clear, equitable agreement to the contrary is established. Evidence of custom is inadmissible to override statutory requirements. The pursuers are not barred from participating in the salvage award obtained by the defenders for services rendered to the 'Graciana.'

Court Disposition

Interlocutor of Lord Ordinary recalled; defenders' pleas repelled; remit to arbiter for apportionment of salvage award.

Orders

  • Recall the Lord Ordinary's interlocutor.
  • Repel the first, second, third, and fourth pleas-in-law for the defender.