GLEN LINE, LTD. v. MINISTER OF TRANSPORT.
(1948) 82 Ll L Rep 404
SHIPPING CLAIMS TRIBUNAL.
Before Mr. Justice Willmer (President), Mr. H. C. Gutteridge, K.C., and Mr. J. R. Rudolf.
Ship - Requisition of ship in Prize - Whether a requisition in Prize carried a right to compensation under Compensation (Defence) Act, 1939-Whether shipowners' claim for compensation from respondent Minister of Transport out of time and barred by the Act- Jurisdiction - Claimants' ship under construction in country overrun by Germans-Conversion into armed merchant cruiser by enemy-Seizure of ship in Prize by Allies on occupation of Kiel-Release of ship by Prize Court in August, 1945, for requisition by respondent - Release to claimants in June, 1946, on return of ship to Admiralty Marshal by respondent - Claim for compensation made eight months after required date - No extension of time allowed by Treasury -Sect. 11 of the Act providing:
No claim for any compensation under this Act shall be entertained unless notice of the claim has . . . been given to the prescribed authority within the period of six months, or such longer period as the Treasury may . . . allow, beginning . . . with the date on which the compensation accrues due . . .
Whether waiving of provisions of Sect. 11 by respondent gave Court jurisdiction - Conclusions of Court, notwithstanding possible lack of jurisdiction, to be binding upon parties by agreement-Compensation (Defence) Act, 1939, Sect. 11.