Volume Four - An Era of Change, Uncertainty, Depression & War - The proceedings in London - Penarth Dock Engineering v Pounds . . .

During early 2025 I had sight of a transcript of the Court Proceedings and was able to summarize the case as follows : -

Penarth Dock Company v. Pounds

Facts and Contract : The case involved the sale of a floating pontoon (a large, 345‑ft by 75‑ft structure) by the Penarth Dock Engineering Company to Mr. Henry G. Pounds, of Boom Tower, Old Portsmouth, for £10,000. Although the written invoice stated that the pontoon should be removed “as speedily as possible” without imposing a strict time limit, the circumstances were well known to both parties. The dock was scheduled to be closed (with an effective deadline of 31st October 1961) because the British Transport Commission had plans to sell or re-develop the dock area. Previously, the Penarth Dock Engineering Company had relinquished ship-repairing activities and focused upon general and precision engineering.

Breach and Obligations : Despite repeated requests and a registered letter urging removal, Mr. Pounds failed to remove the pontoon. Lord Denning (Master of the Rolls), interpreted the contract as imposing an implied duty on Pounds to remove the pontoon as soon as reasonably possible. He held that, even without a fixed deadline, Pounds was required to have it removed by a reasonable time — in this case, by 9th August 1962, after allowing a generous period for Pounds to secure a purchaser or decide to scrap it.

Damages : The measure of damages was based not on the plaintiffs’ loss but on the benefit the defendant gained by using the berth. It was determined that damages should be awarded at the rate of £32-5s-0d. per week from 9th August 1962, until the pontoon was eventually removed. The calculated damages awarded to the plaintiffs totaled £1,064-5s-0d, or 33 weeks, hence, the date of 'removal of the pontoon' (i.e. by sinking it in the dock!) was defined as circa. Thursday the 28th March 1963.