"TOWER FIELD" (OWNERS) v. WORKINGTON HARBOUR AND DOCK BOARD.

(1947) 81 Ll.L.Rep. 419

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Bucknill and Lord Justice Asquith, sitting with Rear-Admiral K. D. W. Macpherson and Commander E. Clarke, Nautical Assessors.

Docks, Harbours, etc.-Approaches to port- Duty of harbour authority to maintain in safe condition or to give warning of obstructions-Ship in charge of compulsory pilot-Grounding in 1941 of plaintiffs' steamship Tower Field on bank of silt in entrance channel to Workington Harbour -Damage to ship-Claim by shipowners against harbour authority-Denial of liability by harbour authority-Counterclaim for damages resulting from obstruction -Alleged contributory negligence of pilot-Inaccurate and misleading inset on Admiralty Chart of Solway Firth-Inset based on plan supplied by harbour authority-Statement on inset that certain depth and width were maintained by dredging-Evidence that such depth and width of entrance channel were not maintained -Leading beacons indicating centre of channel inaccurately placed-Harbour authority aware of serious encroachments into entrance channel caused by development of banks of silt on each side - Evidence of periodical personal inspections of channel by local pilots- Pilot aware of encroachments into channel and of misleading character of leading beacons-Reliance upon own judgment- Attempt to bring in ship without reference to the line of leading beacons, but using a beacon on the northern side of the channel as a guide.