THE "SUTHERLAND."

(1947) 81 Ll.L.Rep. 472

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore A. S. Mackay and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Collision - Convoy - Convoy instructions - Anchored vessels-Fog-Speed-Collision off Folkestone between steamship Itinda and motor vessel Sutherland-Ships, in same homeward-bound convoy, boarded by pilots off Dungeness-Master of each ship given sealed instructions for completion of voyage-Conflict of views as to effect of instructions: whether ships to proceed independently or still bound by convoy orders - Voyages continued after pilots taken on board, Itinda being 40 minutes ahead of Sutherland - Descent of fog - Itinda anchored, bell being sounded - Sutherland navigated at convoy speed- Speed reduced to slow when she realized that she was catching up on ships ahead, engines being stopped when she heard two long blasts signal-Anchor light of Itinda sighted by Sutherland close to-Impact between starboard side of Itinda and port side of Sutherland-Admission by Sutherland during hearing that no blame could be imputed to Itinda-Whether Sutherland entitled to continue in fog at convoy speed-Onus of proof that convoy instructions were still binding.