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On 19 December 2005 the Crown applied to the Court of Appeal for permission to appeal to the House of Lords. The Court of Appeal refused the application but certified that the following questions of law of general public importance were involved in its decision: (i) whether the Waverunner was a 'ship' within the meaning of s 58 of the Merchant Shipping Act 1995; (ii) whether the Waverunner craft was a 'seagoing ship' within the meaning of reg 4 of the Merchant Shipping Act 1970 (Unregistered Ships) Regulations 1991, SI 1991/1366; and (iii) whether reg 4 applies only to masters employed in a seagoing ship.
On 13 January 2006 the Crown presented a petition praying for leave to appeal to the House. It was referred to an Appeal Committee.
On 6 March 2006, leave to appeal to the House of Lords was refused.
Bruce Grant
Newcastle Law School
16 January 2006 with addendum 6 March 2006