ATHEL LINE, LTD. v. LIVERPOOL AND LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1943) 77 Ll L Rep 132

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

General average-Expenditure incurred for the common safety-Plaintiffs' ships in convoy from Bermuda under orders to join another convoy bound from Halifax to United Kingdom-Previous convoy attacked by German surface raider-Convoy containing plaintiffs' ships ordered by Admiralty to return 500 miles to Bermuda -Voyages prolonged by six days-Extra expenditure incurred-Claim to recover from defendant insurers as general average expenditure-Circumstances in which general average expenditure was claimable -Orders to put back given by commodore of convoy on Admiralty instructions- Masters and commodore unaware of facts giving rise to issue of orders by Admiralty -Act of "stranger" - York-Antwerp Rules, 1924, Rules A, C, E, 10 (a), 11- Marine Insurance Act, 1906, Sects. 66, 87.