Page:Halsbury Laws of England v1 1907.pdf/348

.

Admiralty.

126 Sect.



9.

Appeals to Court of Appeal.

is assisted by two nautical assessors (m). The hearing of appeals in which nautical assessors so attend takes place on days specially appointed for the purpose. Interlocutory appeals from the Admiralty Division are usually heard or put down for hearing in order with the other business of that division of the Court of Appeal which has been appointed to

Appeal

hear Admiralty appeals. Additional evidence.

-^^

275. The power of receiving additional evidence in its discretion Admiralty appeals was transferred to the Court of Appeal together

with the rest of the jurisdiction over such appeals formerly possessed by the Judicial Committee of the Privy Council {n) When the Court of Appeal is assisted by nautical assessors it will not allow additional evidence to be called on matters of nautical

knowledge and

skill (o).

Where

there has been a conflict of evidence in the Court below, the Court of Appeal must decide, as in other cases, whether the conclusion come to by the judge appealed from is the proper one, but will attach great weight to his view of the evidence owing to the fact that the witnesses were examined before him, and he saw their demeanour and manner of giving evidence (p). Costs.

276. The costs of an appeal follow the event as a general rule but there are certain rules of practice which are followed in cases to which they apply. Thus where both vessels are to blame each party usually bears his own costs of the action (q). Where, however, the plaintiffs in an action of damage in which their vessel has been found alone to blame appeal to the Court of Appeal, and, admitting that their vessel was to blame, seek only to have the decision of the Court below varied by both vessels being held to blame, the Court of Appeal, if it allows the appeal and pronounces both vessels to

blame

for the collision, will give the appellants the costs of the appeal, but direct that each party is to bear his own costs in the

Court below

(?*)•

The rule of practice that where the appellants succeed on the ground of compulsory pilotage no costs will be given, has been followed in the Court of Appeal Application for stay.

(s).

277. In the event of an appeal being contemplated to the House Lords any application made for a stay of proceedings pending such appeal must be made in the Court of Appeal (t).

of

(m)

note

A fee

of

£3

3s.

per day

is

payable to each assessor for each appeal (see

{d), p. 101, ante).

See The Scindm (1866), L. E. 1 P. C. 241 ; 3 & 4 Will. 4, c. 41 6 & 7 Yict. and see R. S. C, Ord. 58, r. 4. (o) The Assyrian (1890), 6 Asp. M. L. 0. 525. (p) See The Glannibanta (1876), 1 P. D. 283; The Sisters (1876), 1 P. D. 117 The Singapore and The Hele (1866), L. E. 1 P. C. 378. {q) See The Hector (1883), 8 P. D., 218; The Beryl (1884), 9 P. D. 137, at (w)

c.

38







p. 144.

The London, [1905] P. 152. See The Daoiz (1877), 3 Asp. M. L. C. 177. As to the costs in inevitable The Batavier (1889), 15 accident cases, see The Monkseaton (1889), 14 P. D. 51 P. D. 37 The Chaucer (March 8, 1907), where no order was made as to the costs in the Court below. {t) See The Batata, [1897] P. 118, 131. (r) s)