MOORE v. CLYDE PILOTAGE AUTHORITY.

(1943) 77 Ll L Rep 138

COURT OF SESSION.

Before Lord Normand (Lord President), Lord Fleming, Lord Moncrieff and Lord Carmont.

Pilot - Licence - Revocation - Oppression- Irregularity-Inquiry by pilotage authority committee into conduct of pilot in charge of vessel proceeding up River Clyde -Collision with vessel just launched-Procedure at inquiry-Appeal by pilot against revocation of licence by committee- Contention that proceedings before committee were irregular, oppressive and unjudicial on the grounds (1) that the appellant was not present when the pilot of the launched vessel was giving evidence; (2) that the evidence of certain witnesses was accepted on the faith of written reports; (3) that certain members of the committee had already been parties to an ex parte report on the circumstances of the collision and that that report had been adopted without independent inquiry; and (4) that an adverse report by the pilot-master on the appellant's past record was acted on without the appellant having any opportunity to explain or contradict it- Further ground of appeal that the pilot was not to blame for the collision and that in any event the authority's decision on the merits was unduly severe-Restoration of licence by Sheriff-Substitute on grounds that proceedings before committee were irregular, oppressive and unjudicial; further, that although the pilot was in breach of a by-law and guilty of an error of judgment in handling the ship immediately before the collision, there were extenuating circumstances and the penalty inflicted was unduly severe and would have been met by a two months' suspension -Appeal by authority to Court of Session-Scope of appeal-Pilotage Act, 1913, Sects. 26, 28.