BOGUSLAWSKI AND ANOTHER v. GDYNIA-AMERYKA LINJE ZEGLUGOWE SPOLKA AKCYJNA.

(1950) 84 Ll.L.Rep. 169

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Cohen and Lord Justice Denning.

International law-Poland-Polish seamen -Gratuities payable by owners on leaving ships-Breach of agreement to pay-Foreign law-Expert evidence- Change of Government-Retroactive effect of recognition by H.M. Government of new Polish Government (Lublin Government)-Action brought by Polish seamen against defendants (Polish shipping company) claiming sums alleged to be due to them on leaving their ships - Polish Act of March, 1939, providing that in the event of war the supreme management or control of shipping companies would be handed over to Polish Minister of Shipping-Poland attacked and overrun by Germans in September, 1939- Polish Government (afterwards known as the Warsaw Government) moved to London-Resolution of Council of Ministers of Warsaw Government on June 25, 1945, under which civil servants and office employees of shipping companies would be paid three months' wages as gratuity on termination of service - Resolution given statutory effect by decree of Warsaw Government dated June 28, 1945-Lublin Government established in Poland on June 28, 1945-Meeting between Polish Minister of Shipping and seamen's union representatives on July 3 at which Minister indicated Warsaw Government's intention to pay similar gratuity to ships' crews-Telegram dispatched on July 5 by Minister to masters of Polish ships intimating Warsaw Government's intention - Recognition of Lublin Government by H.M. Government as from midnight on July 5/6 - Retroactive effect - Telegram brought to notice of officers and crew of Polish motor vessel Morska Wola (in which plaintiffs were serving) on July 5 and 6 -Gratuities not paid to plaintiffs, who had left their ship-Enforceability of agreement-Evidence of Polish law- Power of Polish Minister of Shipping to enter into agreement on defendants' behalf-Whether agreement was "collective agreement" (which was required by Polish law to be in writing) - Meaning of "collective agreement" - Authority of union representatives to enter into agreement - Unilateral obligation - Ratification by seamen - Validity of decree passed by Warsaw Government- Judgment entered by Finnemore, J., in favour of both plaintiffs (B., an officer in the Morska Wola at all material times; and K., a seaman who had joined the ship on July 4)-Interest awarded at 8 per cent. (as provided by Polish law - Appeal by defendants.