FALMOUTH BOAT CONSTRUCTION, LTD. v. HOWELL.

(1949) 83 Ll.L.Rep. 320

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Singleton and Lord Justice Denning.

Repairs to ship-Illegality-Emergency legislation - Licence - Authority of licensing officer - Oral permission - Omnia pr‘sumuntur rite esse acta- Repairs executed by plaintiffs to defendant's ship-Claim for balance for cost of repairs alleged to be due-Necessity for licence to execute repairs-Application made by plaintiffs for licence "to complete B.O.T. requirements, for modified Steam 3 Certificate" - Licensing officers authorized to sign licences-Licensing officers instructed by Admiralty that they "ought not to delay the putting in hand of obvious repairs merely pending the actual issue of a licence" - Work commenced by plaintiffs upon receiving oral permission of local licensing officer-Written licence subsequently issued authorizing the carrying out of repairs, alterations and drydocking-Provision in licence that it "shall automatically determine if any unauthorized repairs, alterations or drydocking are carried out"- Whether licence retrospective - Construction of licence - Preliminary questions submitted to Official Referee -Defence Regulations, 1939 (as amended up to 1947), Nos. 55, 92- Restriction of Repairs of Ships order, 1940.