BRITISH STEAMSHIP OWNERS' ASSOCIATION v. CHAPMAN & SON.

(1934) 48 Ll.L.Rep. 228

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Steamship association - Rules - Construction - Settlement of action brought against underwriters by shipowners under protection of Association in respect of constructive total loss of their vessel-Terms of settlement: Underwriters to pay lump sum, "each side to pay their own costs"-Claim by Association against shipowners that the latter were liable under Rule 23 of the Association's rules to contribute towards costs incurred in action - Rule 23: "All moneys recovered for any member shall be paid over to him without deduction of any commission or other sum, except where a pending proceeding has been settled or compromised for a lump sum which includes costs, or without any provision being made for the payment of costs, in either of which events the member shall suffer such deduction or make such payment as may be fixed by the directors in respect of costs"-Arbitration -Award that Rule 23 did not apply - Ambiguity - Estoppel