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).