ROYAL HELLENIC GOVERNMENT v. VERGOTTIS, LTD., AND OTHERS.

(1944) 78 Ll.L.Rep. 292

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Ship-Loss of Greek steamship by marine perils - Insurance payments - Control- Greek law-Greece overrun by Germans- Enemy-occupied territory-Requisition of Greek shipping-Legislation enacted by Greek Government in London-Agreement between H.M. and Greek Governments- Charters to H.M. Government-Total loss payments under policies to be paid into restricted account in name of person nominated by Greek Government - Endorsements on policies-Mistake of fact -Transfer by nominees from restricted account to resident account-Whether breach of trust and/or duty-Conversion -Steamship Emmy, owned by second defendant, a Greek national at all material times resident in England, time-chartered in May, 1940, to British Government by first defendants (acting as second defendant's agents) - Marine policy effected by first defendants in November, 1940-Greece invaded by Germans in April, 1941, and declared to be enemy-occupied territory under Trading with the Enemy Act, 1939, thus invalidating insurances placed in London covering ships owned by Greeks resident in Greece -Seat of Greek Government transferred to Crete, to Egypt, to South Africa and finally to London-Agreement entered into between H.M. Government and plaintiffs (Greek Government in London) providing for requisition of all Greek ships by Greek Government, such ships to be offered on time-charter to H.M. Government-