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Lloyd's Maritime Law Newsletter

Hodge v. Higgins (The Harcourt) - Lord Lane L.C.J. and Mr. Justice Comyn - Q.B. (Div.Ct.) - July 15, 1980

Divisional Court upholds Magistrate’s decision on s.27 Merchant Shipping Act 1970 - Liability of Master

The appellant was the master of the Harcourt which at the material time was lying at anchor in the Hull West Roads in the Humber. At 20.30 on Apr. 8, 1979, the vessel was observed to be without a forward anchor light. Prior to retiring to bed with ’flu the master had instructed the mate to ensure that a proper watch was kept throughout the hours of darkness. The mate instructed a crew member to take first night watch from 18.00 to 24.00. The light was discovered to be out at midnight when the new watch came on.

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