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

(1950) 84 Lloyd's Rep. 233

HOUSE OF LORDS.

Before Lord Porter, Lord Normand, Lord Oaksey, Lord Morton of Henryton and Lord Radcliffe, assisted by Admiral J. H. Godfrey and Captain W. R. Chaplin, Nautical Assessors.

Docks, Harbours, etc. - Grounding in approaches to port-Compulsory pilot -Liability of shipowners-Negligence of harbour authority-Duty to maintain in safe condition or to give warning of obstructions-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 - Whether contributory negligence of compulsory pilot a bar to recovery by plaintiffs by reason of Sect. 15 (1) of Pilotage Act, 1913, which provided: Notwithstanding anything in any public or local Act, the owner or master of a vessel navigating under circumstances in which the Pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would if pilotage were not compulsory.

Right of recover by harbour authority under Sect. 74 of Harbours, Docks, and Piers Clauses Act, 1847 - Judgment entered for harbour authority by Willmer, J., on ground that grounding was solely due to negligence of pilot- Majority judgment of C.A. upholding shipowners' claim and dismissing harbour authority's counterclaim - Appeal by harbour authority.