HL Deb 07 November 1911 vol 10 cc96-9

Amendments reported (according to Order).

Clause 1:

Provisions as to Collisions, etc.

1.—(1) Where by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault:

Provided that—

  1. (a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; and
  2. (b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed; and
  3. (c) nothing in this section shall affect the liability of any person under a contract of carriage or any other contract, or shall be construed as imposing any liability upon any person from which he is exempted by any such contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.

(2) For the purposes of this Act the expression "freight" includes passage money and chartered hire.

LORD HERSCHELL

My first Amendment is in proviso (c) of Clause 1, to leave out the word "other" ["under a contract of carriage or any other contract"], and the second Amendment is to omit from the same proviso the word "such" ["exempted by any such contract"]. These Amendments are suggested in order to do away with a possible implication of ejusdem generis construction.

Amendments moved—

Clause 1, page 2, line 3, leave out ("other")

Clause 1, line 5, leave out ("such").—(Lord Herschell.)

On Question, Amendments agreed to,

LORD HERSCHELL

I now move to omit from subsection (2) of Clause 1 the word "chartered." Certain contracts of hire are not charters, and the word "hire" by itself is considered sufficient.

Amendment moved— Clause 1, page 2, line 10, leave out ("chartered").—(Lord Herschell).

On Question, Amendment agreed to.

LORD HERSCHELL

After the word "hire" at the end of subsection (2) it is proposed to insert the words contained in the Amendment standing in my name on the Paper. The Amendment explains itself, and is really of a drafting nature.

Amendment moved— Clause 1, page 2, line 10, after ("hire") insert ("and references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages").—(Lord Herscell.)

On Question, Amendment agreed to.

LORD HERSCHELL

After Clause 4 it is proposed to insert a new clause providing that any enactment which confers on any Court Admiralty jurisdiction in respect of damage shall have effect as though references to such damage included references to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem or in personam. Your Lordships will remember that during the Committee stage of this Bill the noble and learned Lord on the Cross Benches (Lord Gorell) moved to insert a new subsection which now appears as subsection (5) of Clause 8, and that Amendment was accepted on the understanding that the drafting might need consideration. The new clause which I am now proposing is merely subsection (5) of Clause 8 in a slightly different form. It expressly confers jurisdiction in cases of loss of life or personal injury, and this is, I believe, in accordance with the views of the noble and learned Lord.

Amendment moved—

After Clause 4, insert the following new clause—

. Any enactment which confers on any Court Admiralty jurisdiction in respect of damage shall have effect as though references to such damage included references to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem or in personam.—(Lord Herschell).

On Question, Amendment agreed to.

Clause 7:

General Provisions.

7. No action shall be maintainable to enforce any claim or lien against a vessel or her owners in respect. of any damage or loss to another vessel, her cargo or freight, or any property on board her, or damages fur loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel, whether such vessel be wholly or partly in fault, or in respect of any salvage services, unless proceedings therein are commenced within two years from the date when the damage or loss or injury was caused or the salvage services were rendered, and an action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings therein are commenced within one year front the date of payment:

Provided that any Court having jurisdiction to deal with an action so which this section relates may extend any such period, to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant vessel within the jurisdiction of the Court, or within the territorial waters of the country to which the plaintiff's ship belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity.

LORD HERSCHELL

I beg to propose an Amendment which is not on the Paper, but as it is really or a drafting nature I hope your Lordships may be disposed to accept it. It is in the proviso in Clause 7, after the word "may" ["Provided that any Court having jurisdiction to deal with an action to which this section relates may"], to insert the words "on application in accordance with rules of Court." This is merely designed to give facilities for taking ex parte proceedings.

Amendment moved— Clause 7, page 4, line 4, after ("may") insert ("on application in accordance with rules of Court").—(Lord Herschell.)

On Question, Amendment agreed to.

Clause 8:

Application of Act.

8.—(1) This Act shall extend throughout His Majesty's dominions and to any territories under his protection, and to Cyprus:

Provided that it shall not extend to the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.

(2) This Act shall not apply in any case in which proceedings have been taken before the passing thereof and all such cases shall be determined as though this Act had not been passed.

(3) The provisions of this Act shall be applied in all cases heard and determined in any Court having jurisdiction to deal with the case and in whatever waters the damage or loss in question was caused or the salvage services in question were rendered, and subsection (9) of section twenty-five of the Judicature Act, 1873, shall cease to have effect.

(4) This Act shall apply to any persons other than the owners responsible for the fault of the vessel as though the expression "owners" included such persons, and in any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the vessel, this Act shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible.

(5) Proceedings in respect of claims for loss of life or personal injuries may be brought in rem or in personam.

LORD HERSCHELL

My last Amendment is to leave out subsection (5) of Clause 8. This Amendment is consequential on the insertion of the new clause after Clause 4.

Amendment moved—

Clause 8, page 4, lines 36 and 37, leave out subsection (5).—(Lord Herschell.)

On Question, Amendment agreed to.

Bill to be read 3a To-morrow, and to be printed as amended. (No. 204.)