17/06/1952

OF CRIMINAL APPEAL (INFERIOR)

GOUDER TANCRED

C.B., M.VO., D.S.O., NE. vs JOHN SCOTT NE. ET.

N/A

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N/A

ASSESSMENT OF REWARD FOR SALVAGE SERVICES - EXPENSES - PILOTAGE - SALVAGE

In order to be entitled to salvage reward, a pilot must not only show that the ship was in some sense in distress, but that she was in such distress as to call upon him to run such unusual responsibility, or exercise such unusual skill, or perform such unusual kind of service, as to make it unfair and unjust that he should be paid otherwise than upon the terms of salvage. The amount of salvage award, in the absence of a special contract, is limited to the value of the property or the interest in the property salved; and the sum of the reward is in the discretion of the Court. Such a reward is not regarded as compensation for the actual amount of work done in rendering the assistance, but other considerations are taken into account in arriving at a fair reward - the general interest of navigation and commerce, the encouragement of exertion, the stimulation to risk and peril in the relief of the property in danger. It is the duty of the Court, in assessing the award to seek to combinethe consideration of that which is due to the owners in the protection of their property with the liberality due to the salvors in remunerating meritorious services; and in doing this, to bear well in mind the risk which salvors run of getting nothing at all, however strenuous and heroic their efforts to save the property in peril. Although the value of the ship and cargo is an important elementin fixing the amount of the salvage reward, it must not be allowed to raise the "quantum" of the amount altogether out of proportion to the services actually rendered. The expenses for which the salvor may be compensated are those properly incurred by the salvors in the furtherance of the salvageservice and before the vessel assisted had been placed in a position of safety, and those directly occasioned by the performance of the salvage service.