Voaden v Champion (The "Baltic Surveyor") - Court of Appeal (Schiemann, Hale and Rix LJJ) - 31 January 2002

Damages for negligent loss of pleasure yacht and pontoon - Whether fresh evidence admissible on issue of value of comparable vessel - Whether Judge was correct to make substantial deduction for betterment in relation to lost pontoon - Whether additional damages should have been awarded to reflect loss of personal use of yacht

On 28 October 1996, as a result of the negligence of another vessel, the Baltic Surveyor, a private pleasure yacht, also used for commercial chartering, was lost in a storm while moored alongside a steel pontoon. The claimant was the owner of the Baltic Surveyor and the pontoon, which was also lost. Liability was admitted. At the trial on quantum, Colman J concluded that the claimant was entitled to recover damages including inter alia (1) the value of the Baltic Surveyor at the date of loss, which the Judge assessed as �82,000, and (2) the value of the pontoon, which the Judge assessed at �16,000 - see [2001] 1 Lloyd's Rep 739. As to the value of the pontoon, the Judge had concluded that a replacement pontoon would have cost �60,000 and would have a life of 30 years, but since the old pontoon only had eight years life left in it, he awarded 8/30ths of �60,000. The Judge had rejected a claim based on the loss of chartering income on the basis that Baltic Surveyor's potential as a profit-earning chattel would be reflected in her replacement value, and interest on that value from the date of loss would sufficiently compensate the claimant for loss of use during the period to the date on which the vessel could reasonably have been notionally replaced. He also held that there could be no additional compensation for loss of personal use.