LARRINAGA STEAMSHIP COMPANY, LTD. v. THE CROWN. [THE "RAMON DE LARRINAGA."]

(1944) 78 Ll.L.Rep. 167

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Thankerton, Lord Wright, Lord Porter and Lord Goddard).

Charter-party-Warlike operations-"Complying with" charterers' orders-Stranding -Requisition of petitioners' steamship under T.99 A-Owners to be indemnified by charterers in respect of loss arising from the consequence of warlike operations, also in respect of liabilities arising from master's compliance with charterers' orders as regards "employment, agency, or other arrangements"-Ship employed on carriage of war stores-Owners notified by Crown that upon completion of carriage of war stores to St. Nazaire, she would return to Cardiff for survey, preparatory to release from Government service- Discharge completed at St. Nazaire- Written orders given by sea transport officer that ship should proceed after discharge-Protest by first officer (in charge of ship) against leaving port- Opinion expressed that it would be unsafe to leave in the prevailing weather-Objection overridden by sea transport officer, oral instructions being given to leave as soon as discharge completed - Rough weather experienced on leaving port-Ship anchored on advice of pilot-Endeavour to return to St. Nazaire-Stranding- Petition of right brought by owners claiming damages on basis that stranding occurred (1) as a consequence of the warlike operation on which the ship was engaged; (2) as a consequence of compliance with the charterers' orders "as regards employment, agency, or other arrangements" - Dominant cause of stranding.