The Friso - Mr. Justice Sheen - Q.B. (Adm.Ct.) - Nov. 15, 1979

Cargo damage - Whether vessel seaworthy - Cargo lost and damaged - Whether due to perils of the sea - Whether the vessel was unseaworthy or there was a failure to exercise due diligence to make the vessel seaworthy

The plaintiffs claimed for damage to and loss of cargo carred on Friso . They contended that the vessel was unseaworthy and the defendants were therefore not entitled to the protection of art. IV Hague Rules. Friso had taken a severe list to port when crossing the Bay of Biscay and deck cargo had to be cut loose in an attempt to reduce the list. The defendants submitted that the deck cargo of timber had absorbed water asymmetrically and so the list was due to the perils of the sea.