Coltman and Anor v Bibby Tankers Ltd
[1988] A.C. 276[1987] 3 All ER 1068
(Judgment by: Lord Griffiths)
Between: Coltman and Anor - Appellants
And: Bibby Tankers Ltd - Respondents
Judges:
Lord Keith of Kinkel
Lord Roskill
Lord GriffithsLord Oliver of Aylmerton
Lord Goff of Chieveley
Subject References:
HEALTH AND SAFETY
EMPLOYER'S LIABILITY
SHIP
Vessel lost at sea with all hands
Dependants' claim based on defective construction of ship
Whether vessel 'equipment'
Legislative References:
Employer's Liability (Defective Equipment) Act 1969 (c. 37) - s. 1(1)(a) (3)
Case References:
Davie v. New Merton Board Mills Ltd - [1959] A.C. 604; [1959] 2 W.L.R. 331; [1959] 1 All E.R. 346, H.L.(E.)
Dilworth v. Commissioner of Stamps - [1899] A.C. 99, P.C.
Donoghue v. Stevenson - [1932] A.C. 562, H.L.(Sc.)
Inland Revenue Commissioners v. Parker - [1966] A.C. 141; [1966] 2 W.L.R. 486; [1966] 1 All E.R. 399, H.L.(E.)
Munby v. Furlong - [1977] Ch. 359; [1977] 3 W.L.R. 270; [1977] 2 All E.R. 953, C.A.
Robinson v. Local Board of Barton-Eccles - (1883) 8 App.Cas. 798, H.L.(E.)
Yarmouth v. France - (1887) 19 Q.B.D. 647, D.C.
Judgment date: 3 December 1987
Judgment by:
Lord Griffiths
My Lords, I have had the advantage of reading in advance the speech of my noble and learned friend, Lord Oliver of Aylmerton, and I agree that for the reasons he gives the appeal must be allowed and the question answered in the same sense as that in which it was answered by Lloyd L.J. and Sheen J.