Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "LUIMNEACH."

(1936) 54 Ll.L.Rep. 5

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Scott.

Collision - Damages - Non-profit-earning vessel - Reference - Collision between H.M.S. Whirlwind and steamship Luimneach-Replacement of Whirlwind by vessel in reserve - Claim by Admiralty for "(7) Damages for the withdrawal of H.M.S. Whirlwind from service for 28 days, or in the alternative claim for fitting out and use of H.M.S. Wessex taken from reserve for corresponding period" - Amount claimed £2500-£500 allowed by Registrar in respect of cost of transfer from and into reserve-Motion in objection by Admiralty - Contention that sum allowed was in fact an item of special damage and that the learned Registrar had ignored the claim for general damages based on interest on capital value, depreciation and maintenance -The Chekiang, [1926] A.C. 637; 25 Ll.L.Rep. 173, and the Susquehanna, [1926] A.C. 655; 25 Ll.L.Rep. 205, discussed.

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