THE "JAAK" AND OTHER ESTONIAN VESSELS.

(1949) 83 Ll.L.Rep. 45

SHIPPING CLAIMS TRIBUNAL.

Before Mr. Justice Willmer (President), Mr. H. C. Gutteridge, K.C., and Mr. G. R. Rudolf.

Compensation (Defence) Act, 1939-Requisition of Estonian vessels by Ministry of Transport-Period of requisition-Loss during requisition-Values-Notice of claim - Whether lodged within prescribed period-Extension of time- Claims brought by Estonian shipping associations, by individual members, by "disponents" thereof, and by holders of powers of attorney executed by "disponents" - Estonian law - Shipping association dissolved upon loss or disposal of vessel-Effect of requisition -Consideration of powers under which M.O.T. acted - Rights of disponents considered - Validity of powers of attorney executed in favour of British subject-Jurisdiction of Court to award share of compensation to individual members - International law-Estonia occupied by U.S.S.R. - Whether shipping associations abolished by Soviet legislation - Compensation (Defence) Act, Sects. 4 (1) (a), (d), (5), (8), (9) (1) (c), 11, 17 (1). (a) Jaak, Aina, and Anna: Requisitioned in October, 1940 - Still under requisition-Claim under Sect. 4 (1) (a) -Notice of claim for compensation under Sect. 4 (1) (a) lodged by Estonian Minister within statutory period (as extended by Treasury)-Acceptance by Court that notice of claim in present proceedings was given within prescribed time. (b) Taara: Requisitioned in October, 1940-Lost by stranding Aug. 6, 1941- Claims under Sect. 4 (1) (a) and Sect. 4 (1) (d)-Notice of claim for compensation under Sect. 4 (1) (a) and under Sect. 4 (1) (d) lodged by Estonian Minister within statutory period (as extended by Treasury)-Acceptance by Court that notice of claim in present proceedings was given within prescribed time. (c) Keila: Requisitioned in October, 1940-Still under requisition-Claim under Sect. 4 (1) (a)-Notice of claim The "Jaak" and other Estonian Vessels. Shipping Claims Trib. 46 for compensation under Sect. 4 (1) (a) lodged by Estonian Minister within statutory period (as extended by Treasury)-Acceptance by Court that notice of claim in present proceedings was given within prescribed time-Disponent untraced-Claim brought by British holder of power of attorney executed in his favour by disponent- Court unable to presume death of disponent -Whether power was in fact revoked by disponent - Validity of power in favour of British subject- Jurisdiction of Court to award share of compensation to individual part-owners (or their heirs). (d) Kaida: Requisitioned in October, 1940 - Stranding in December, 1945 - Abandoned by M.O.T. as constructive total loss in October, 1947-Claims under Sect. 4 (1) (a) and Sect. 4 (1) (d)- Notice of claim for compensation under Sect. 4 (1) (a) lodged by Estonian Minister within statutory period (as extended by Treasury)-Acceptance by Court that notice of claim by part-owners under Sect. 4 (1) (d) was lodged within prescribed time-Like claims on behalf of shipping associations held to be out of time-Disponent untraced- Claim brought by British holder of power of attorney executed in his favour by disponent-Court unable to presume death of disponent-Whether power was in fact revoked by disponent-Validity of power in favour of British subject- Jurisdiction of Court to award share of compensation to individual part-owners (or their heirs).