THE "BERWICKSHIRE."

(1949) 83 Ll.L.Rep. 376

ADMIRALTY DIVISION.

Before Lord Merriman (President).

Collision - Damages - Alien enemy- Interest-Collision between French sailing vessel Anne de Bretagne and British steamship Berwickshire in Atlantic Ocean in November, 1940- Anne de Bretagne sunk-Owners of French vessel (plaintiffs) then alien enemies, as France in occupation of Germans - Collision action subsequently brought in Admiralty Court against owners of Berwickshire (defendants), writ being issued in September, 1945-Berwickshire found alone to blame-Reference to Registrar upon damages-Awards in respect of replacement cost of vessel, loss of cargo, loss of crew's effects, and agency-Interest allowed by Registrar from Oct. 13, 1944 (date of recognition of de Gaulle Government) until June 23, 1949 (date of postponement of reference at plaintiffs' request) and from July 28, 1949 (date of report) until payment-Motion in objection by plaintiffs-Right of plaintiffs to interest from date of casualty-Whether interest irrecoverable during period in which payment of principal debt was prohibited by law, i.e., during time when plaintiffs were alien enemies-Discretion of learned Judge.