UNITED SCOTTISH INSURANCE COMPANY, LTD. v. BRITISH FISHING VESSELS MUTUAL WAR RISKS ASSOCIATION, LTD. [THE "BRACONBUSH."]

(1944) 78 Ll.L.Rep. 70

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Marine or war insurance-Loss of steam trawler off Scottish Coast (in deep water) -Ship insured with plaintiffs against marine risks and with defendants against war risks-Ship holed below water line- Taken in tow by another trawler-Sinking during tow-Dispute as to cause of loss- Whether due to external explosion or to striking submerged wreckage-Onus of proof-Balance of probabilities-Evidence of explosion alongside ship and of presence in vicinity of explosive floats which had broken adrift from German minefields.