James Watthey in “The Rejoice” [2019] EWHC 776 (Admlty): Duties of care to self-employed crew and Fundamental Dishonesty

The latest edition of our Maritime Bulletin features the case of Lambert v VJ Glover Ltd & Friday in which James Watthey acted for the successful skipper and owners of the MFV REJOICE, instructed by Keoghs LLP. The claim arose out of a serious injury to a share fisherman onboard a Brixham based scalloper. The decision of the Admiralty Court is important for two reasons:

Firstly, it establishes (a) the duty and standard of care owed to self-employed crew (b) that shipowners are not vicariously liable for the acts of a self-employed skipper and (c) the level of self-preservation that is to be expected from seafarers.

Secondly, it helpfully illustrates the relationship between a pleaded case of Fundamental Dishonesty under s.57 of the Criminal Justice and Courts Act 2015 and the more familiar concept of witness credibility.

The full judgment is available here.