THE "HESSELMOOR" AND THE "SERGEANT."
[1951] 1 Lloyd's Rep. 146
ADMIRALTY DIVISION.
Before Mr. Justice Willmer.
Limitation of action-Extension of time- Discretion of Court-Salvage action- Services alleged to have been rendered by plaintiffs' tug to defendants' dumb barges in River Thames on Oct. 1, 1948 -Salvage denied by defendants- Discussions between parties' solicitors over 14 months, during which time plaintiffs' solicitors were made aware that if an award were made against defendants, defendants would claim indemnity from third parties- Suggestion made by defendants' solicitors in December, 1949, that action should be settled-No further steps taken by plaintiffs' solicitors until November, 1950-Writ issued on Feb. 2, 1951-Motion by defendants to stay proceedings on ground that they were brought out of time-Maritime Conventions Act, 1911, Sect. 8:
No action shall be maintainable to enforce any claim or lien against a vessel or her owners in respect of . . . any salvage services, unless proceedings therein are commenced within two years from the date when the . . . salvage services were rendered . . .
Provided that any Court having jurisdiction to deal with an action to which this section relates may, in accordance with the Rules of the Court, extend any such period, to such extent and on such conditions as it thinks fit. . . .
Whether plaintiffs had shown good reason why the Court should exercise its discretion in allowing the action to proceed.