2) [2001], R v Higher Education Funding Council, ex p Institute of Dental Surgery [1994], R v Hillingdon London Borough Council, ex p Royco Homes [1974], R v Home Secretary ex parte Fire Brigades’ Union [1995], R v Hull Board of Visitors, ex p St Germain (No .1) [1979], R v Inland Revenue Commissioners, ex p MFK Underwriting Agents [1990], R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982], R v Inspectorate of Pollution, ex p Greenpeace (No. 2 comes out a different way based on different lawyering. of Re Polemis that eventually led to its removal from the law was based on historical misconceptions. The fire spread rapidly causing destruction of some boats and the wharf. ⇒A claimant must prove that the damage was not only caused by the defendant but that it was not too remote ⇒Historical position on remoteness: Re Polemis and Furness, Withy & Co [1921] ⇒The current law on remoteness: Overseas Tankship v Morts Dock (The Wagon Mound (No 1)) [1961] In essence, the position is that the defendant will only be liable for damage that is reasonably foreseeable Morts. Sparks from the welders ignited the oil, destroying the Wagon Mound and the two ships being repaired. Spread led to MD Limited’s wharf, where welding was in progress. The spark was ignited by petrol vapours resulting in the destruction of the ship. 0000008953 00000 n The ship was being loaded at a port in Australia. 1) A v Home Secretary [2004] A v Roman Catholic Diocese of Wellington [2008, New Zealand] A v Secretary of State for Home Affairs (No. 0000009883 00000 n 0000005984 00000 n Involved liability for damage done by fire, like many of the leading English and American cases on the remoteness of damages. CO.,‘ and it is possible that lower courts will feel free to do the same.5 THE WAGON MOUND The Wagon Mound (as the decision will be called for short) In Wagon Mound No. H‰œUMoÛ8½ëWðVˆ¿YìÄhÔÉn« ‡ X(Ž›¨°­][BÚþú%R–å:‡E€HÖpßð½þ—H *¹Æ4aø§-£Lq \4¿ç«äìrÅÈE™ü°æÓæ)Rd’%güÐì[‚iœI’ÍqEö‚ÿH¶%‹Ï_DlC€S®DàK4Ê,3$[%éùøöË8»¼¹&'ÙwgA{. 0000006931 00000 n The new rule, as interpreted in subsequent cases, … 1) [1961] AC 388, however it has never been officially overturned in English law and theoretically remains ‘good case law’, despite its lack of application. In re Polemis & Furness, Withy & Co Case Brief - Rule of Law: If the negligent act would or might probably cause damage, the fact that the damage it in facts Every … 0000007122 00000 n Before this decision in The Wagon Mound No.1 defendants were held responsible to compensate for all the direct consequences of their negligence, a rule clarified by the decision in Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. Dock and Engineering Co. (usually called the Wagon Mound Case1) the Privy Council rejected the rule pronounced in In re Polemis and Furness, Withy & Co.2 and re-established the rule of reasonable foreseeability. endstream endobj 124 0 obj<> endobj 125 0 obj<>/Encoding<>>>>> endobj 126 0 obj<>/Font<>/ProcSet[/PDF/Text/ImageB]>>/Type/Page>> endobj 127 0 obj<> endobj 128 0 obj<> endobj 129 0 obj<> endobj 130 0 obj<>stream The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. It is inevitable that first consideration should be given to the case of In re Polemis & Furness Withy & Company Ltd. [1921] 3 K.B. or The above rule in Wagon Mound’s case was affirmed by a decision of the House of Lords in the case of Hughes vs Lord Advocate (1963) AC 837. <]>> THE WAGON MOUND. re Polemis – any damage foreseen Wagon Mound 1 – type of harm Hughes v L Advocate – method unseen but PI Jolley v Sutton – method unseen but type foreseen Tremain v Pike – if … The impact of the plank in the hold caused a spark which ignited petrol vapour which had accumulated in the hold. 0000001893 00000 n 0000002997 00000 n login to your account, Made with favorite_border by Webstroke- © All rights reserved, A v Roman Catholic Diocese of Wellington [2008, New Zealand], A v Secretary of State for Home Affairs (No. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down … Similarly in Smith v. Leach Brain & Co.7 Parker C.J., even though he changed into speaking as regards to men and women, used language of wider import." The defendants, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly spilled a large quantity of oil into the bay, some of which spread to the plaintiffs’ wharf some 600 feet away, where the plaintiffs were refitting a ship. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach trailer to the Court of Appeal to refuse to follow Re Polemis on one or more of the grounds laid down in Young v. Bristol Aero. of Re Potemis that eventually led to its removal from the law was based on historical misconceptions. Held: Re Polemis should no longer be regarded as good law. Now overruled by the Wagon Mound (No. Held: Wagon Mound made no difference to a case such as this. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. Re Polemis was a COA decision and in principle binding upon the lower court; the Privy Council decision had only persuasive authority. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. %%EOF Co. Ltd., also popularly known as the Wagon Mound Case. The construction work was covered with tents and there were also paraffin lamps around the tents. 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(Feakings) v Secretary of State for the Environment [2004], R (Gillan) v Commissioner of Police of The Metropolis [2006], R (Hardy) v Pembrokeshire County Council [2006], R (Harrow Community Support) v Secretary of State for Defence [2012], R (Patel) v General Medical Council [2013], R (Redknapp) v Commissioner of the City of London Police [2008], R (Van der Pijl) v Crown Court at Kingston [2012], R v Attorney General for England and Wales [2003], R v Board of Visitors Maze Prison, ex p Hone [1988], R v Bow Street Magistrates, ex p Pinochet Utgarte (No. Having workshop, where some welding works ignited the oil and sparks from some works... 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