Yorkshire Electricity Board v. Estonian Shipping Co. (The Virtsu) - Q.B.D. (Adm.Ct.) (Sheen J.) - 27 November 1981

Agreement to settle claim - Whether interest included

On 15 March 1979 the Virtsu was proceeding up the river Ouse with the intention of berthing at Howdendyke Jetty. In the course of manoeuvring, the pilot let go an anchor. The anchor fouled and broke an electricity cable belonging to the plaintiffs who subsequently issued a writ and statement of claim for the “cost of replacing submarine cable: £38,217.84”. At the end of the statement of claim the plaintiffs claimed, in the manner traditional in the Admiralty Court, (1) judgment against the defendants for the damage sustained and costs; (2) a reference, if necessary, to the Registrar to assess the amount of such damage. It was the normal practice of the Court to give judgment on liability before considering the amount of damages, and to award interest on the principal sum, such interest being regarded as part of the damages ( The Joannis Vatis (No. 2) [1922] P. 223).