N. G. NICOLAOU AND OTHERS v. MINISTER OF WAR TRANSPORT. SAME v. THE ADMIRALTY (CONSOLIDATED).

(1943) 77 Ll L Rep 495

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Ship-Requisition-Emergency legislation- Claimants' ship under charter to agency of French Government-Full cargo loaded at American ports for delivery at French port - Capitulation of France during voyage - Ship directed to proceed to Belfast-Arrival off Belfast on June 19, 1940-Ordered by Naval Control Officer on June 26 to proceed to Manchester- Claimants notified on June 27 that cargo would be requisitioned - Arrival at Manchester on June 28-Discharge completed on July 10-Claim by shipowners for compensation "in respect of the requisition of the vessel"-"'Requisition' means, in relation to any property, take possession of the property or require the property to be placed at the disposal of the requisitioning authority" - Whether action of the authorities amounted to requisition of ship for one or other of periods ending July 10-Decision of Shipping Claims Tribunal that claimants had failed to establish that there was any requisition-Case state-Matters taken into consideration by Tribunal- Purpose of requisition, of cargo-Impossibility of delivery to proper consignee- Necessity for speedy discharge to free British ports-Defence (General) Regulations, 1939-Compensation (Defence) Act, 1939, Sects. 4, 6 (3), 17.