CTO Gesellschaft Fur Containertransport MBH and Co MS Juturna KG & anor. v Dziennik - different approach of the High Court and the Court of Appeal to "justice" - CA 13.11.06

The Court of Appeal has allowed an appeal by a ship's engineer against a High Court ruling that he was 60% responsible for an accident which resulted in injury to him. The reason for the Court of Appeal's decision was not that it found the engineer was blameless (it made no finding on that); the reason was simply that "the basis on which the [engineer] was held partly responsible for his injuries was one of which he had no notice, and which ... neither he, nor his counsel, could reasonably have anticipated" . The Court of Appeal said that this is "not trivial or technical.

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