Collision claims and quantum
Collision cases submitted to the English jurisdiction are made subject to English law “and practice” for good reason.
The law relating to the recovery of collision damages in tort is case law based, with some authorities dating back to the 19th century. Since quantum is assessed by a separate court procedure, the outcomes do not reach the case reports. As a result, rules of “practice” have developed, to be respected and applied:
- These rules differ from those applying to PA and GA adjustments
- The case law on foreseeability and remoteness under English law is also highly developed
- The same applies to issues of proof of loss and title to sue
- Further rules apply to the recovery of interest
- Particular rules also apply to the legal costs proving claims: these are recoverable in full, not being apportioned in line with the division of liability
- These rules should lend certainty to cases and hasten resolution.
It takes a skilled and experienced admiralty practitioner to spot the strength and weaknesses of claim items, to maximise the gain, minimise the clients’ loss and ensure that legal costs are payable where due.
Division of liability may sometimes be straightforward but it is a pity not to maximise the legitimate recovery.
This is a specialist area that forms part of the firm’s established practice, the team having the unique benefit of a senior in-house QC to opine on novel or complex issues. We are regularly engaged by clients to prepare claim schedules and to review and advise on questionable third party claims.
When it comes to collision damages Tatham Macinnes can add great value.