ANGLO-SAXON PETROLEUM COMPANY, LTD., AND ANOTHER v. THE ADMIRALTY; SAME v. DAMANT.

(1945) 79 Ll L Rep 611

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson, with whom sat Captain A. H. Ryley and Captain R. L. F. Hubbard, Elder Brethren of Trinity House.

Negligence-Stranding of oil tanker-Salvage by naval personnel-Loss of ship and cargo by fire-Damages-Alleged failure by officer in charge of salvage operations to take reasonable precautions against fire-Proceedings brought by owners of ship and cargo against Admiralty by way of petition of right and against salvage officer in tort-Stranding of plaintiffs' ship Delphinula off entrance to Alexandria Harbour-Request made by master to naval authorities for tugs and lighters- Conduct of operations put in hands of D. (O.C. Admiralty Salvage Section)- Refloating a matter of urgent military necessity-Failure of first attempts at refloating by lightening and towing-Full responsibility accepted by D. for decision to force petrol cargo through holes in bottom of tanks by means of compressed air applied to top of tanks-Creation of dangerous area around ship by reason of escape of large quantities of petrol-Great risk of fire-Necessity for special precautions to be taken-Whether D. took all reasonable steps, by instructions given to tugs and personnel, to ensure that risk was reduced to the minimum-Explosion and fire as tugs were nearing vessel- Cause of spark or flame starting fire unknown-Total loss of ship-Standard of skill to be applied in conduct of salvage operations-Alleged assent by plaintiffs' representatives to method adopted - Volenti non fit injuria-Failure of subsequent attempt to salve machinery by reason of further explosion and fire - Measure of damage - Market value - Depreciation-Estimated cost of repairs.