THE "BRITISH CONFIDENCE."

(1949) 83 Ll.L.Rep. 262

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Somervell and Lord Justice Denning, sitting with Rear-Admiral H. D. Hamilton and Captain R. Mann, as Nautical Assessors.

Collision - Fog - Signals - "Lying stopped" - Unchanging bearing - Collision between French steamship Joseph Blot and British motor vessel British Confidence off Cape Trafalgar in fog-Vessels on almost opposite courses crossing at fine angle-Both vessels sounding for fog - "Lying stopped" signals sounded by Joseph Blot shortly before collision- Vessels sighted by each other at distance of between 600 and 700 ft.- Impact between port bow of Joseph Blot and port side of British Confidence-Whether Joseph Blot was "lying stopped"-Unsatisfactory nature of contemporary documents on both sides-Inconsistencies with pleaded cases-Demeanour of witnesses -Credibility - Appeal by British Confidence against decision of Lord Merriman, P., that she was alone to blame-Joint negligence-Doctrine of "last opportunity"-Collision Regulations, Arts. 15, 16.