SHAW, SAVILL & ALBION COMPANY, LTD. v. BOARD OF TRADE.

(1929) 35 Ll L Rep 253

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Greer.

Ship-Requisition-War risk insurance- Vessel building-Requisition before completion-Government service immediately vessel completed-Vessel entered in insurance associations-Entry into associations (by rules) ante-dated- Liability of shipowners for calls made by associations in respect of accounting period back to entry date-Claim by shipowners against Government- Whether calls should be apportioned between shipowners and Government- Heads of Arrangement (Liner Requisition Scheme), Clause 5 (G) (e): (I) (3) "Such deficiency shall be deemed to have accrued during such period from day to day. The amount chargeable in the account shall be such proportion of the amount ascertained . . . in respect of each vessel as is attributable to the part of the period after the date upon which the vessel came on hire to the Government" - Construction - Held that, as the whole of the contributions was occasioned by the vessel's service after delivery to the Government, the Government was liable-Appeal (Lawrence, L.J., dissenting) dismissed.