SOCIETE ANONYME PECHERIES OSTENDAISES v. MERCHANTS MARINE INSURANCE COMPANY, LTD.

(1928) 30 Ll.L.Rep. 4

COURT OF APPEAL.

Before the Master of the Rolls (Lord Hanworth), Lord Justice Atkin and Lord Justice Lawrence.

Costs-Taxation-Marine insurance-Loss of trawler-Claim-Intimation by insurers that case would be fought on ground that loss was due to uninsured peril- Order for affidavit of ship's papers; stay of proceedings pending filing- Settlement - Defendants to pay plaintiffs' taxed costs-Costs incurred (1) before date of writ; (2) between date of order for ship's papers and filing of affidavit - Whether premature - Discretion of Taxing Master-R.S.C. Order LXV, r. 27 (29).