DONOVAN v. CAMMELL LAIRD & CO., LTD., MERSEY DOCKS AND HARBOUR BOARD, AND OCEAN STEAMSHIP COMPANY, LTD.

(1948) 82 Ll.L.Rep. 642

LIVERPOOL ASSIZES.

Before Mr. Justice Devlin.

Shipbuilding Regulations, 1931-Occupier of dock-Public dry dock-Repairs to ship-Several repairers engaged in work-Notional occupier-Breach of statutory duty-Common law negligence -Safe system of working-Contributory negligence-Plaintiff, an angle-iron striker, employed by first defendants, who were under contract with French Government (as prospective owners to execute repairs to third defendants' ship in second defendants' public dry dock-Fall into unguarded hold-Life-line removed by first defendants' servants- Action brought against first defendants, alleging common law negligence; and against all three defendants, alleging breach of statutory duty-Duty of compliance with Regulations placed upon occupier, "provided that, when a ship is being repaired in public dry dock, the person who contracts with the owner of the ship or with his agent to execute the work of repair, shall be deemed to be the occupier . . ."-Applicability where several repairers have contracted with shipowner - Whether in such circumstances liability should revert to dockowner and/or rest upon shipowner - Ambiguity - Shipbuilding Regulations, 1931, Duties, sub-par. (b), Regulation 10-Factories Act, 1937, Sect. 26 (1). Costs-Joinder of parties-Reasonableness -Discretion of Court-Action brought by plaintiff against three defendants- Second and third defendants reasonably joined in light of authorities-Judgment entered for plaintiff against first defendants, with costs, and for second and third defendants against plaintiff, with costs - Whether unsuccessful defendants should be ordered to pay second and third defendants' costs awarded against plaintiff - Order refused.