Gatoil International Inc v. Arkwright-Boston Manufacturers Mutual Insurance Co
[1985] 1 All ER 129(Judgment by: Lord Scarman J) Court:
Judges:
Lord Fraser of Tullybelton J
Lord Scarman JLord Wilberforce J
Lord Keith of Kinkel J
Lord Roskill J
Subject References:
Admiralty
Jurisdiction
Action in rem
Claim arising out of agreement relating to carriage of goods in a ship or to use or hire of a ship
Agreement
Claim for payment of premiums on insurance policy over cargo
Whether claim for premiums arising out of 'any agreement relating to the carriage of goods in any ship'
Legislative References:
Administration of Justice Act 1956 - 47(2)(e)
Judgment date: 13 December 1984
Judgment by:
Lord Scarman J
My Lords, I agree with the speech to be delivered by my noble and learned friend Lord Keith. For the reasons he gives I would allow the appeal.
I have also had the advantage of reading in draft the speech to be delivered by my noble and learned friend Lord Wilberforce. I agree with his view that the interpretation of the Administration of Justice Act 1956 is legitimately aided by consideration of the travaux préparatoires to which he refers and that we should not deny ourselves the reinforcement which they provide to the interpretation which for the reasons given by Lord Keith we hold to be correct.