August 28, 2025
Howard Marine and Dredging Co. Ltd v A. Ogden & Sons (Excavations) Ltd. [1977] EWCA Civ 3 (13 December 1977)
A barge owner negligently misrepresented the vessel's capacity to a hirer, relying on memory of the Lloyd's Register instead of the ship's official documents. The Court of Appeal held this failed the Misrepresentation Act 1967's requirement of 'reasonable grounds' for belief. Facts A. Ogden & Sons (Excavations) Ltd (‘Ogden’) required barges to dispose of excavated clay at sea. They entered into negotiations to hire two German-built barges from Howard Marine and Dredging Co. Ltd (‘Howard Marine’). During these negotiations, Ogden’s manager asked for the deadweight capacity of the barges. Howard Marine’s manager, Mr Howlett, stated their capacity was 1,600 tonnes.
