THE COMMISSIONERS FOR EXECUTING THE OFFICE OF LORD HIGH ADMIRAL OF THE UNITED KINGDOM AND OTHERS v. "JOSEFINA THORDEN" (OWNERS) AND HER CARGO.

(1944) 78 Ll.L.Rep. 197

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Salvage-Rights of salvors in rem and in personam-Possessory lien-Seizure in Prize-Claim by Admiralty and crews of His Majesty's ships in respect of services rendered to Finnish motor vessel Josefina Thorden-Bombed and set on fire-Abandoned by crew-Vessel rescued by salvors and towed to Kirkwall-Notification by Admiralty that vessel would not be released without satisfactory guarantee- Guarantee provided by agents for ship and cargo from sale of cargo-Vessel left in hands of Admiralty for temporary repair -Discussion between ship's agents and Ministry of War Transport as to chartering by Ministry-Request by agents that vessel should be towed to East Coast for repairs, cost of repair to be deducted from charter freight-Possibility of seizure in Prize within knowledge of agents - Request by agents that vessel would not be seized, refused-Towage to Tyne, where vessel was seized in Prize-Arbitration- Award of salvage-Case stated-Right of Admiralty to salvage award-Whether owners of ship derived any benefit from salvage-Right to actual possession-Plea by owners of ship that it was inequitable that the Admiralty should be paid for their services when the Crown, in one capacity or another, had appropriated the entire benefit of the services to itself.