ANGLO-SAXON PETROLEUM COMPANY, LTD., AND ANOTHER v. THE ADMIRALTY; SAME v. DAMANT.

(1945) 79 Ll.L.Rep. 611

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson, with whom sat Captain A. H. Ryley and Captain R. L. F. Hubbard, Elder Brethren of Trinity House.

Negligence-Stranding of oil tanker-Salvage by naval personnel-Loss of ship and cargo by fire-Damages-Alleged failure by officer in charge of salvage operations to take reasonable precautions against fire-Proceedings brought by owners of ship and cargo against Admiralty by way of petition of right and against salvage officer in tort-Stranding of plaintiffs' ship Delphinula off entrance to Alexandria Harbour-Request made by master to naval authorities for tugs and lighters- Conduct of operations put in hands of D. (O.C. Admiralty Salvage Section)- Refloating a matter of urgent military necessity-Failure of first attempts at refloating by lightening and towing-Full responsibility accepted by D. for decision to force petrol cargo through holes in bottom of tanks by means of compressed air applied to top of tanks-Creation of dangerous area around ship by reason of escape of large quantities of petrol-Great risk of fire-Necessity for special precautions to be taken-Whether D. took all reasonable steps, by instructions given to tugs and personnel, to ensure that risk was reduced to the minimum-Explosion and fire as tugs were nearing vessel- Cause of spark or flame starting fire unknown-Total loss of ship-Standard of skill to be applied in conduct of salvage operations-Alleged assent by plaintiffs' representatives to method adopted - Volenti non fit injuria-Failure of subsequent attempt to salve machinery by reason of further explosion and fire - Measure of damage - Market value - Depreciation-Estimated cost of repairs.