Baltic Shipping Co v Pegasus Lines SA (The “Samarkand”) - Court of Appeal (McKay, Henry and McGechan JJ) - 23 November 1995

Admiralty jurisdiction - Claim by sub-charterer against shipowners in tort based on alleged misrepresentation of Master - Whether within Admiralty jurisdiction of Court

In this case, a sub-charterer brought proceedings in rem against the shipowners in tort for costs allegedly incurred as the result of a negligent misrepresentation by the Master of the vessel in respect of its cargo capacity. It was common ground that the shipowners were vicariously liable for any negligence on the part of the Master as their employee. The issue was whether the claim fell within section 4(1)(h) of the Admiralty Act 1973, which gave jurisdiction in respect of: