ATHEL LINE, LTD. v. LIVERPOOL AND LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1945) 79 Ll.L.Rep. 18

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Tucker.

Insurance (Marine or War)-Warlike operations - Stranding - Plaintiffs' tanker requisitioned by M.W.T.-Carriage of full cargo of oil from Trinidad to naval bases at Loch Alsh and Scapa Flow - Ship instructed to anchor at Loch Alsh to await orders to discharge-Ship holed by sitting on rock while swinging to her anchor- Right of plaintiffs to recover from defendant war risk insurers as damage occurring as a consequence of the warlike operation on which the ship was engaged-Essential elements of "warlike operation" - Whether movement through water a necessary ingredient.