THE "LARCHBANK."

(1942) 74 Ll.L.Rep. 135

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Atkin, Lord Thankerton, Lord Wright and Lord Porter, sitting with Admiral Nunn and Captain C. St. G. Glasson, as Nautical Assessors.

Collision - Convoy - Fog - Emergency - Collision between motor vessels British Petrol and Larchbank in Irish Sea - British Petrol in convoy - Larchbank manoeuvring to join convoy astern of British Petrol - Vessels sighted by each other on approximately parallel courses, at a distance of about one mile, with Larchbank on port side of British Petrol - Visibility subsequently reduced to about a ship's length - Course and speed of British Petrol maintained, but no fog signal sounded - Cluster of lights exhibited at stern - Hard-a-starboarding by Larchbank at speed - Contact between stem of British Petrol and starboard side of Larchbank - Admiralty Directions: "The use of whistles or sirens in fog is undesirable. They are not to be sounded except in an emergency or on hearing another ship approaching, when the master must use his discretion" - Decision of Bucknill, J., that the Larchbank was to blame for proceeding at full speed, with her wheel hard-a-starboard, after a dense fog had set in; and that, an "emergency" having arisen so far as the British Petrol was concerned, she was to blame for failing to sound her fog signal - Apportionment of blame: British Petrol, one-fourth; Larchbank, three-fourths - Cross-appeals - Order of C.A. that Larchbank was alone to blame - Appeal by Larchbank.