APPEAL BY JOHN LEWIS, MASTER OF THE STEAMSHIP "RADCHURCH."

(1943) 76 Ll L Rep 6

ADMIRALTY DIVISION.(DIVISIONAL COURT.)

Before Lord Merriman (President) and Mr. Justice Bucknill, sitting with Captain P. N. Layton and Captain W. R. Chaplin, Elder Brethren of Trinity House.

Merchant shipping - Inquiry - Conduct of masters of steamships Empire Antelope and Radchurch-Vessels in convoy subjected to severe submarine attack - Abandonment in belief that vessels were hit by torpedo-Reasonable cause for belief - Vessels in fact undamaged - Complaint that vessels were abandoned without sufficient reason - Inquiry by "local Marine Board or by a person appointed"-Finding in each case that the vessel was prematurely abandoned and that the master was from incompetency unfit to discharge his duties-Suspension of certificates - Appeal - Necessity for charges to be stated with particularity- Consideration of facts-Ships carrying iron ore and steel-Liability to sink rapidly after holing - Unsatisfactory arrangements on board concerning emergency signals - Costs - Power of Appeal Court to make order as to costs below - Merchant Shipping Act, 1894, Sect. 471 (1), (3)-Shipping Casualties and Appeals and Re-Hearings Rules, 1923, Nos. 16, 19, 20.