A/S TALLINNA LAEVAUHISUS AND OTHERS v. ESTONIAN STATE STEAMSHIP LINE AND ANOTHER.

(1946) 80 Ll.L.Rep. 99

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Cohen.

International law - Foreign shipping company - Dissolution - Company domiciled in Estonia - Occupation of Estonia by Russia in June, 1940 - Estonia declare to be Soviet Socialist Republic - Election of new Chamber of Deputies - New constitution published - Issue of nationalization decrees - Effect - Plaintiffs (Estonian company) acting as managers of and part shareholders in Estonian shipping association owning steamship Vapper - Insurance of ship placed with English underwriters - Domicile transferred by company to Stockholm in October, 1939, practically all business thereafter being transacted there and conducted by N. (plaintiffs' managing director) acting under general power of attorney - Decrees issued on July 22, 1940, and afterwards, nationalizing banks and large industrial enterprises, "including deposits and current accounts in the banks in the Republic and abroad, as well as all claims belonging to these enterprises, including claims to insurance sums" - Estonia occupied by Germans from July, 1941, until September, 1945 - Loss of Vapper on July 6, 1940 - Insurance moneys paid into Court by English underwriters - Title to fund - Interpleader issue - Claim by plaintiffs opposed by Estonian State Steamship Line (which had taken over shipping in Estonia) on grounds: (1) that the plaintiff company was dissolved by decrees issued by the Estonian Soviet Socialist Republic and therefore was incapable of maintaining claim; (2) that the property in the moneys claimed was now in the Estonian State Steamship Line; (3) that N.'s authority was determined by the German occupation of Estonia - Legality of new constitution - Effect of decrees - Legislation confiscatory in character - Enforceability in English Courts - Government of Estonian Soviet Socialist Republic recognized by H.M. Government as de facto (but not de jure) government of Estonia - Effect of German occupation - Alien enemy.