Higgins v Irish Shipping, Ltd

Judgment Date29 October 1944
Date29 October 1944
CourtSupreme Court
(H.C., S.C.),
Irish Shipping, Ltd.

Mode of trial - Action under Lord Campbell's Act - Death by accident arising from faulty navigation of vessels - Whether action an "Admiralty proceeding" - Notice of trial before Judge and jury - Motion to set aside notice of trial as irregular - Procedure under Fatal Accidents Act - Plaintiff's right to a jury -Rules of the High Court and Supreme Court, 1926, Or. XVI, r. 2.

The plaintiff's husband was killed in an accident at sea involving a collision between two vessels. The plaintiff brought an action under Lord Campbell's Act and served notice of trial before a Judge and jury. The defendants applied to set aside the notice of trial on the ground that it was irregular, as contravening Or. XVI, r. 2, of the Rules of the High Court and Supreme Court, 1926, which provides that the plaintiff in Admiralty proceedings commenced by plenary summons shall apply, by notice of motion, to the Master for directions as...

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