FAIRFLIGHT, LTD. v. HANDFORD.

[1951] 2 Lloyd's Rep. 321

KING'S BENCH DIVISION.(DIVISIONAL COURT.)

Before Lord Goddard (Lord Chief Justice), Mr. Justice Lynskey and Mr. Justice Devlin.

Air Navigation Order, 1949-Certificate of airworthiness - Distribution of load - Proof of weights-Centre of gravity- Breach by owners - Conviction - Case stated - Loss of aircraft with 75 passengers and 8 crew - Three survivors - Inquiry by Ministry of Civil Aviation - Absence of load sheets-No evidence of actual loaded weights- Estimation of load - Adoption by Ministry of notional weights specified in Air Navigation (General) Regulations, 1949-Calculation by Ministry that aircraft was so loaded that centre of gravity was aft of permitted limits- Conviction by Justices on information preferred by Ministry-Imposition of fine-Appeal by owners against conviction - Whether evidence justifying findings of Justices-Air Navigation Order, 1949, Arts. 10 (1) (b), 16 (5) (iii), 26 (4) (d), 65-Air Navigation (General) Regulations, 1949, Regulations 37, 38 (3).