[Civil-personal injuries. Appellant-international consultant marine engineer. Appeal from Judge’s dismissal with costs of Appellant’s claim for damages for injuries suffered from fall to ground from Respondent’s vessel in dry dock in third-party’s shipyard, dismissed with costs, to be taxed if not agreed.
Vessel in care, custody and control of third-party shipyard. Respondent required third-party’s consent to enter shipyard and access vessel; facilitated Appellant’s entry.
Relationship between Appellant and Respondent. Judge’s findings upheld: Appellant was not employee and/or independent contractor of Respondent; Appellant inspecting vessel in hope his resulting report/quotation would secure acceptance of his future services by Respondent.
Respondent’s duty of care to Appellant. Even if Respondent owed a duty of care to Appellant and third-party shipyard was in breach of its own duty of care to Appellant, Respondent not in breach of its duty of care to Appellant: (i) third-party shipyard was competent and experienced, of which Respondent had personal knowledge; (ii)Appellant was experienced international consultant marine engineer; Respondent entitled to expect Appellant would recognise circumstances of compromised safety and act accordingly. ]