FRASER & WHITE, LTD. v. VERNON.

[1951] 2 Lloyd's Rep. 175

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Towage - Contract - Towage conditions -Towage services or services of specific tugs - Contract by plaintiff tugowners "for the services of our two tugs the F.W. No. 23 and Eclair to take over from a sea tug a Floating Dock . . . and then tow the Dock to Birdham Pool (Chichester Harbour]. This tow, of course, is collected subject to [United Kingdom Standard Towage Conditions], also subject to the tugs being able to get to Birdham Pool with the dock" - Clause 6 of Conditions providing: The tugowner will not be responsible for the consequences of war, strikes, lock-outs, riots, civil commotions, disputes or labour disturbances (whether they be parties thereto or not) or anything done in contemplation or furtherance thereof, or delays of any description, however caused, including negligence of their servants or agents.

Arrival of dock in tow of sea tug off Chichester Harbour - Decision of master of F.W. No. 23 that plaintiffs' two tugs would not be able to tow dock into Birdham Pool - Towing of dock into Birdham Pool by F.W. No. 23 and Eclair with assistance of additional tug on following day-Detention of sea tug - Claim by plaintiffs for towage services - Counterclaim by defendant for demurrage for detention of sea tug -Plea by plaintiffs that Clause 6 of Conditions excepted liability for any delay - Contention by defendant that contract was one for towage services and not for specific tugs, and that plaintiffs' tugs were not fit for the purpose.