COPPER EXPORT ASSOCIATION, INCORPORATED, AND OTHERS v. MERSEY DOCKS AND HARBOUR BOARD.

(1932) 43 Ll L Rep 348

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Public Authorities Protection Act, 1893- Action brought by cargo-owners against Mersey Docks and Harbour Board- Fire on board ship in dock-Sinking of vessel-Obstruction-Right of Harbour Board to raise, destroy or remove wreck at expense of ship and cargo - Dock drained, vessel temporarily repaired, towed out and sold to shipbreakers- Average statement issued by defendants 17 months later setting out expenses incurred and overplus payable to plaintiffs - Claim by plaintiffs to recover certain expenses alleged to have been unnecessarily and negligently incurred by defendants-Action to be commenced "within sir months next after the act, neglect or default complained of" - Writ issued by plaintiffs immediately following upon rendering of statement -Duty of defendants under Mersey Docks and Harbour Board Act, 1912, Sect. 7-Whether the "act, neglect or default" was the rendering of the statement showing the alleged deficient overplus-Held, that the "act, neglect or default" complained of was the method adopted by the defendants of dealing with the removal of the vessel, and that the action, not being brought within six months, was therefore barred - Judgment for defendants, with solicitor and client costs.