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Lloyd's Law Reports

GLEN LINE, LTD. v. MINISTER OF TRANSPORT.

(1948) 82 Ll.L.Rep. 404

SHIPPING CLAIMS TRIBUNAL.

Before Mr. Justice Willmer (President), Mr. H. C. Gutteridge, K.C., and Mr. J. R. Rudolf.

Ship - Requisition of ship in Prize - Whether a requisition in Prize carried a right to compensation under Compensation (Defence) Act, 1939-Whether shipowners' claim for compensation from respondent Minister of Transport out of time and barred by the Act- Jurisdiction - Claimants' ship under construction in country overrun by Germans-Conversion into armed merchant cruiser by enemy-Seizure of ship in Prize by Allies on occupation of Kiel-Release of ship by Prize Court in August, 1945, for requisition by respondent - Release to claimants in June, 1946, on return of ship to Admiralty Marshal by respondent - Claim for compensation made eight months after required date - No extension of time allowed by Treasury -Sect. 11 of the Act providing:

No claim for any compensation under this Act shall be entertained unless notice of the claim has . . . been given to the prescribed authority within the period of six months, or such longer period as the Treasury may . . . allow, beginning . . . with the date on which the compensation accrues due . . .

Whether waiving of provisions of Sect. 11 by respondent gave Court jurisdiction - Conclusions of Court, notwithstanding possible lack of jurisdiction, to be binding upon parties by agreement-Compensation (Defence) Act, 1939, Sect. 11.

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