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

(1946) 80 Ll L Rep 459

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Asquith, sitting with Captain W. P. Townshend and Commander E. Clarke, Nautical Assessors.

Salvage - Negligence of salvors - 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 air compressors - 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 a minimum - Explosion and fire as tugs met alongside vessel - Risk in sending tugs alongside - Possible causes of fire and explosion - Actual cause unknown - Total loss of ship - Standard of skill to be applied in conduct of salvage operations - Misconduct by salvors - Alleged assent by plaintiffs' representatives to method adopted - Volenti non fit injuria - Measure of damage - Market value - Depreciation - Estimated cost of repairs.