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Port company not obliged to appoint arbitrator in respect of changes to pilotage charges
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High Court refuses application, by way of judicial review, to direct a port company to appoint a statutory arbitrator in respect of changes to pilotage charges, on grounds that any arbitrator appointed would not have the powers sought by the pilots, and that if there was any breach of an existing agreement between the pilots and the company, the pilots had a remedy under contract law.
Judicial review - shipping - dispute relating to pilotage charges - pilots licensed to service ships in large estuary - structure of charges altered without agreement in January 2014 - self-employed pilots retained under section 59, Harbours Act 1996 - agreement in 2002 - rates set under s 64, 1996 Act - considerable losses to pilots under 2014 changes - application for mandamus to direct company to refer issue to person nominated under s 59 - arbitration - charges agreed annually under 2002 agreement - proper construction of sections 59 and 64 of Act - powers of arbitrator appointed under Act - whether pilots entitled to guaranteed minimum remuneration.
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