BOGUSLAWSKI AND ANOTHER v. GDYNIA-AMERYKA LINJE ZEGLUGOWE SPOLKA AKCYJNA. LECH AND OTHERS v. SAME. HYS v. ZEGLUGA POLSKA SPOLKA AKCYJNA.

(1948) 82 Ll.L.Rep. 970

KING'S BENCH DIVISION.

Before Mr. Justice Finnemore.

International law-Poland-Polish seamen -Gratuities (or compensation) payable by owners on leaving ships - Breach of agreement to pay - Foreign law - Expert evidence - Change of Government-Retroactive effect of recognition by H.M. Government of new Polish Government (Lublin Government)-Action brought by Polish seamen against defendants (Polish shipping company) claiming sums alleged to be due to them on leaving their ships - Polish Act of March, 1939, providing that in the event of war the supreme management or control of shipping companies would be handed over to Minister of Shipping -Poland attacked and overrun by Germans in September, 1939-Polish Government (afterwards known as the Warsaw Government) moved to London -P. (a director and sole remaining representative of board of management of defendant company) appointed Curator to administer defendants' property outside Poland-Resolution of Warsaw Government on June 25, 1945, authorizing Minister to pay three months' wages as gratuity (or compensation) to Polish seamen on leaving their ships-Meeting between Minister of Shipping and seamen's union representatives at which Minister intimated Warsaw Government's intention to pay gratuity (or compensation) - Resolution communicated to crews of Polish ships-Instructions given by Minister of Shipping to P. to pay gratuities (or compensation) in accordance with resolution -Gratuities (or compensation) not paid to plaintiffs, who had left their ships - Enforceability of agreement-Evidence of Polish law- Question of fact-Power of Minister of Shipping to enter into agreement - Whether agreement was "collective agreement" (which was required by Polish law to be in writing)-Meaning of "collective agreement"-Authority of union representatives to enter into agreement-Power of seamen to ratify -Unilateral obligation - Validity of decree passed by Warsaw Government- Certificate of H.M. Foreign Office that up to and including midnight of July 5/6, 1945, Warsaw Government was recognized as being Government of Poland and that thereafter such recognition was assigned to Lublin Government.