THE "QUEEN ELIZABETH."

(1948) 82 Ll.L.Rep. 803

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore A. S. Mackay and Captain D. Dunn, Elder Brethren of Trinity House.

Salvage-Award-Matters to be taken into consideration - Professional salvors- Salvage by H.M. tugs-Tugs under contract to provide towage assistance -"Special services"-High values of salved property-Ship of immense size -Prestige of well-known shipowners in maintaining advertised schedules- Immobilization of valuable ship- Services rendered by H.M. tugs Volatile, Swarthy, St. Mellons, Resolve, Saucy and Antic, by salvage tugs Bustler and Metinda III, and by S. Co.'s tugs Clausentum, Canute, Neptune and Vulcan to steamship Queen Elizabeth aground forward in Southampton Water-Ship refloated after being aground 24 hours-Ship lightened in meantime, reducing her mean draught by about 2 ft.- Alteration of trim, raising her forepart by about 6 ft.-Use of own engines -Nature of services-Risk to tugs- Bottom and other structural damage sustained by salved ship-Increasing risk-Possibility of total loss- Consideration of exceptionally high value of salved property in assessing award-S. Co. under contract with owners of salved ship to provide regular towage assistance-Term of contract that S. Co. must not make any claim on a salvage basis for any "special services" - Further provisions in contract that "Special services" shall mean and include services, whether by way of towage or of attendance upon vessels of the Cunard or Associated Companies, which, by reason of stress of weather, breakdown or any defect of machinery or equipment may not be under complete control. It is understood that you will reimburse us for any award for salvage services given through the Courts to the masters and crews of the tugs.

Whether services rendered by S. Co.'s tugs were "special services"- Position of H.M. tugs considered- Merchant Shipping (Salvage) Act, 1940.