The Court of Appeal has granted permission to appeal from the decision of Mr Justice Teare in Farrer v. Holyhead Marina [2020] EWHC 1750 (Admlty). The Court will therefore consider whether the Admiralty Judge was correct to hold that a marina constitutes a “dock” for the purposes of section 191 of the Merchant Shipping Act 1995. 

Granting permission, Lord Justice Flaux accepted that the appeal on that point had a realistic prospect of success, and considered that it was anyway of importance to the marine leisure sector and insurers. The Lord Justice declined to grant permission for a proposed appeal concerning the area over which the marina “discharges any function” within the meaning of section 191(2). 

Benjamin Coffer appeared for the owners of the marina before the Admiralty Judge, and with Robert Thomas QC for the permission to appeal application. Nigel Cooper QC was brought in to lead James Watthey on behalf of the appellant yacht owners for the permission to appeal application. The appeal is likely to be held in the second half of 2021. 

The first instance judgment is discussed here.