Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "MACGREGOR LAIRD."

(1942) 74 Ll.L.Rep. 29

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain W. R. Chaplin and Captain W. E. Crumplin, Elder Brethren of Trinity House.

Collision - Dragging collisions - Novus actus interveniens - Onus of proof - Plaintiffs' motor vessel Conus anchored in close proximity to defendants' motor vessel Macgregor Laird - Plaintiffs' motor vessel Clam moored alongside another vessel and astern of Conus - Dragging by Macgregor Laird across anchor cable of Conus, Conus coming ahead and colliding with Macgregor Laird - Subsequent collision between Conus and Clam, Clam breaking adrift - Port anchor of Clam let go - - Order to lower starboard anchor not heard on forecastle head and not immediately carried out - Collision between Clam and Macgregor Laird - Evidence of violent weather in the vicinity - Warning of impending bad weather - Whether Macgregor Laird properly anchored in the circumstances - Whether failure of Clam to let go her starboard anchor immediately she was broken adrift constituted novus actus interveniens.

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