THE "SOBIESKI."

(1948) 82 Ll.L.Rep. 370

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Cohen and Lord Justice Singleton, sitting with Rear-Admiral H. D. Hamilton and Commander E. Clarke, Nautical Assessors.

Collision - Fog - Convoy - Single ship meeting fast two-ship convoy with escort-Escort vessels fitted with radar -Collision in English Channel between French steamship Espérance and Polish motor vessel Sobieski-Sobieski, commodore vessel of two-ship convoy travelling at speed, escorted by naval vessels, and subject to "Coastal Convoy Cruising Order & Instructions" -L., on board H.M. Canadian ship Loch Alvie, acting as senior officer in charge of escorting flotilla - Action brought by Espérance against Sobieski - Counterclaim by Sobieski against Espérance and L.-Espérance inward bound for Solent and sounding pilot signal "G" (in the hope of obtaining directional guidance) - Ship being navigated at very slow speed to maintain northerly heading-Signal "Q" faintly heard from time to time on port bow - Espérance unaware that "Q" was recognized signal of southbound convoys-Explosions heard on starboard quarter-Engines put slow ahead, helm being ported-"G" signal heard by Sobieski fine on starboard bow - Inquiry made to senior escort officer as to significance of "G" signal -"G" signal heard close to by Sobieski before inquiry answered - Engines immediately stopped and navigation lights switched on-Impact between port bow of Sobieski and port quarter of Espérance - Loch Alvie aware by radar of presence of surface vessel (which turned out to be Espérance), then some considerable distance away-Duty of L. to advise convoy commodore as to changes of course and speed deemed necessary - Presence of enemy submarine detected by asdic before L. thought it necessary to advise convoy commodore as to change of course and speed-Depth charges dropped by Loch Alvie-Radar put out of action, making it impossible to ascertain later bearing of Espérance -Respective duties-Whether L. failed in his duty to warn commodore of presence of Espérance or to instruct her to alter course-Collision Regulations, Arts. 15, 16, 27.