THE "SOBIESKI."

(1947) 81 Ll.L.Rep. 51

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Commodore A. S. Mackay and Captain T. L. Owen, Elder Brethren of Trinity House.

Collision-Fog-Convoy-Single ship meeting fast two-ship convoy with escort-Escort vessels fitted with radar - Collision in English Channel between French steamship Espérance and Polish motor vessel Sobieski - Sobieski, commodore vessel of two-ship convoy travelling at speed, escorted by naval vessels, and subject to "Coastal Convoy Cruising Order and Instructions"-L., on board H.M. Canadian ship Loch Alvie, acting as senior officer in charge of escorting flotilla - Espérance inward bound for Solent and sounding pilot signal "G" (in the hope of obtaining directional guidance)-Ship being navigated at very slow speed to maintain northerly heading-Signal "Q" faintly heard from time to time on port bow-Espérance unaware that "Q" was recognized signal of south-bound convoys -Explosions heard on starboard quarter -Engines put slow ahead, helm being ported-"G" signal heard by Sobieski fine on starboard bow-Inquiry made to senior escort officer as to significance of "G" signal-"G" signal heard close to by Sobieski before inquiry answered- Engines immediately stopped and navigation lights switched on-Impact between port bow of Sobieski and port quarter of Espérance-Loch Alvie aware by radar of presence of surface vessel (which turned out to be Espérance), then some considerable distance away-Duty of L. to advise convoy commodore as to changes of course and speed deemed necessary-Presence of enemy submarine detected by Asdic before L. thought it necessary to advise convoy commodore as to change of course and speed-Depth charges dropped by Loch Alvie-Radar put out of action, making it impossible to ascertain later bearing of Espérance-Respective duties- Whether L. failed in his duty to warn commodore of presence of Espérance or to instruct her to alter course-Collision Regulations, Arts. 16, 27-Costs.