SCRUTTONS V MIDLAND SILICONES LTD

VISCOUNT SIMONDS (reading the leading judgment)

My Lords, the facts in this case are not in dispute. They are fully and accurately stated in the judgment of the learned trial judge, Diplock J, and I do not think it necessary to restate them. I come at once to the question of law which arises on them.

The question is whether the appellants, a well-known firm of stevedores, who admittedly by their negligence caused damage to certain cargo consigned to the respondents under a bill of lading of 26 March 1957, can take advantage of a provision for limitation of liability contained in that document. In judgments, with which I entirely agree and to which, but for the importance of the case, I should think it necessary to add nothing, the learned judge and the Court of Appeal have unanimously answered the question in the negative.

The appellants' claim to immunity (for so I will call it for short) was put in a number of different ways, but I think that I do no injustice to the able argument of t…