J Kirkaldy & Sons Ltd v Walker
Queen’s Bench Division (Commercial Court)
Longmore J - 09.02.99
The plaintiff purchased a dry dock in Sweden with a view to having it towed to Portland, England, where it would be used. The plaintiff obtained 12 months’ port risks insurance from the defendant’s syndicate subject to "towage approval survey and condition survey" prior to sailing. A surveyor performed a towage approval survey in Sweden and the dry dock was then towed to Portland where it sank at its moorings. Its condition was such that it could not be salvaged. The plaintiff claimed against the underwriters for the expenses of removing the wreck. Underwriters discovered that no condition survey had been performed and asserted that that was a breach of warranty on the part of the plaintiff entitling them to decline liability.
