M'Knight v. Currie and Others

Subject_1 Ship Subject_2 Maritime Lien Subject_3 Damage Caused to One Ship by Act of Master of Another Ship. Facts: The “maritime lien” recognised in England for damage caused directly by one ship to another, as in cases of collision, is unknown to the law of Scotland.

Held (1), by the Lord Justice-Clerk, Lord Young, and Lord Trayner, that the doctrine of maritime Hen, which had been recognised in England in cases of damage caused by collision, was unknown to the law of Scotland; and (2), by the Lord Justice-Clerk, Lord Rutherfurd Clark, and Lord Trayner, that even if the doctrine had existed in the law of Scotland, it would not have applied to the present case.

Upon 18th November 1893, while the steamers “Dunlossit” and “Easdale” were lying alongside each other at Portaskaig Pier, Islay, a gale sprang up, and the master of the “Dunlossit,” in order to avoid injury to that vessel, cut the “Easdale” adrift, with the result that she drifted across the Sound of Islay and went ashore on the Island of Jura, sustaining considerable damage.

Upon 2nd August 1894, Currie arrested the “Dunlossit,” on the dependence of the above action, while she was lying in the harbour of Glasgow.

Upon 29th August, Samuel M'Knight, the builder of the “Dunlossit,” who held a mortgage over her for £3250, raised an action in the Sheriff Court at Glasgow against the owners of the “Dunlossit” and the owner of the “Easdale,” craving the Court to grant decree and warrant for the “Dunlossit” being sold, and her proceeds made forthcoming to him, at least so far as necessary to satisfy his mortgage.