ELLERMAN LINES v. LANDI AND OTHERS. (THE "FALERNIAN.")

(1928) 30 Ll.L.Rep. 77

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Atkin and Mr. Justice Eve.

Salvage - Agreement - Lloyd's form - Term of agreement that amount for services should be settled by arbitration in London and that salvor (defendant) should not arrest the ship unless proper security unprovided-Requisite guarantee obtained and approved by defendant -Seizure of ship under process of Turkish Court-Judgment in favour of defendant obtained by fraud-Breach of contract-Doctrine of res judicata- Whether applicable - Measure of damages -Plaintiffs held entitled by learned trial judge to recover (1) hire of tug to tow vessel from area of operations; (2) legal expenses in resisting arrest- Claims (1) for wages of master and crew of vessel down to date of Turkish judgment and for reasonable time thereafter; and (2) for value of vessel allowed on appeal - Defendant a naturalised British subject-Injunction to restrain British subject from taking proceedings in foreign Court in breach of contract and in fraud-Whether injunction may be granted after judgment obtained.