THE "MERGUS."

(1947) 81 Ll.L.Rep. 91

ADMIRALTY DIVISION.

Before Mr. Justice Willmer.

Charter-party - Hire - Cesser of hire - War risk insurance premiums-War bonus to crew-Liability of charterers during off-hire period-Plaintiffs' steamship Kul time-chartered to Ministry of Shipping- Hire (payable monthly in advance) to cease when accident prevented working of vessel for more than 72 consecutive hours -War risk premiums and war bonus to crew to be for charterers' account- Charter-party modified by inclusion of following addendum: "Notwithstanding anything to the contrary contained in this charter-party, in the event of loss of time arising from collision, neither hire nor war risk insurance premiums nor such war bonus to crew as would otherwise be payable by the charterer under this charter-party shall be payable by the charterer to the extent to which the owners would have a right to recover on the basis of cross-liabilities from the other colliding vessel loss of hire and the cost of war risk insurance premiums, and the cost of such war bonus to crew, as part of their damages if under this charter-party the charterer's liability for hire and war risk insurance premium and such war bonus to crews ceased at the commencement of and during such loss of time"-Kul in collision with steamship Mergus-Kul detained less than 72 hours for collision repairs - Admission of liability by Mergus-Collision damages- Reference to Registrar-Repayment by owners of Kul to charterers of sum covering hire, war risk insurance premiums and war bonus to crew during period of detention - Whether recoverable by owners of Kul from owners of Mergus as part of damages sustained by collision- Construction of addendum.