THE "ATLANTIC SCOUT."

(1950) 84 Ll.L.Rep. 22

ADMIRALTY DIVISION.

Before Mr. Justice Willmer.

Practice-Limitation of action-Salvage action by "enemy" plaintiffs-Motion by defendants to set aside writ as being out of time-Salvage services rendered by French company to British ship in January, 1940 - France occupied by Germans in June, 1940-Recognition by H. M. Government of De Gaulle Government of France in October, 1944 -Writ issued by French company in February, 1950-Motion by defendant shipowners to set aside writ on ground that action was statute-barred-Plea by plaintiffs that, by virtue of certain statutory provisions, time had not commenced to run-Right of plaintiffs to sue - Whether plaintiffs still technically "enemies" within meaning of Limitation (Enemies and War Prisoners) Act, 1945, which provided (inter alia): 1. (1) If at any time before the expiration of the period prescribed by any statute of limitation for the bringing of any action any person who would have been a necessary party to that action if it had then been brought was an enemy or was detained in enemy territory, the said period shall be deemed not to have run while the said person was an enemy or was so detained, and shall in no case expire before the end of twelve months from the date when he ceased to be an enemy or to be so detained, or from the date of the passing of this Act, whichever is the later . . . 2. (1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say . . .

"enemy" means any person who is, or is deemed to be, an enemy for any of the purposes of the Trading with the Enemy Act, 1939, except that in ascertaining whether a person is such an enemy the expression "enemy territory" in section two of the said Act shall have the meaning assigned to that expression by this section;