W. J. GUY & SONS v. GLEN LINE, LTD.

(1947) 81 Ll L Rep 174

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Bucknill and Lord Justice Somervell.

Towage - Contract - "Whilst towing" - United Kingdom Standard Towage Conditions-Construction-Tug engaged to reader towage assistance to ship - Arrival of tug off ship, which was at anchor-Tug ready to receive orders-Ship not ready, tug being hailed to keep away -Ship again approached by tug when ship seen to be under way-Tug again told to keep away, as ship not yet ready-Later approach to ship, tug then being given message to convey to dockmaster that ship had developed windlass trouble and would not dock on that tide-Impact between tug and ship, tug receiving damage - Liability of ship.

1. "Whilst towing" shall be deemed to cover the period commencing when the tug is in a position to receive orders direct from the hirer's vessel to pick up ropes or lines, or when the tow rope has been passed to or by the tug, whichever is the sooner . . .