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

(1946) 80 Ll.L.Rep. 459

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Asquith, sitting with Captain W. P. Townshend and Commander E. Clarke, Nautical Assessors.

Salvage - Negligence of salvors - 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 air compressors - 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 a minimum - Explosion and fire as tugs met alongside vessel - Risk in sending tugs alongside - Possible causes of fire and explosion - Actual cause unknown - Total loss of ship - Standard of skill to be applied in conduct of salvage operations - Misconduct by salvors - Alleged assent by plaintiffs' representatives to method adopted - Volenti non fit injuria - Measure of damage - Market value - Depreciation - Estimated cost of repairs.