GEORGE v COASTAL MARINE 2004 LTD (THE “BON AMI”)

[2009] 2 Lloyd's Rep. 356

QUEEN’S BENCH DIVISION (ADMIRALTY COURT)

Before Mrs Justice Gloster

Contract — Implied term — Tort — Occupier’s liability — Owner of wooden vessel contracting with wharfinger to moor vessel alongside tidal berth — Vessel grounding hollow and sustaining damage — Whether mooring contract contained implied warranty of safety — Whether wharfinger gave sufficient warning of danger — Whether claimant willingly accepted risk of grounding hollow — Whether wharfinger liable — Occupier’s Liability Act 1957, sections 2(2), 2(4) and 2(5).