THE "CARSLOGIE."

(1950) 84 Lloyd's Rep. 399

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Denning and Mr. Justice Lloyd-Jacob.

Collision-Damages-Detention for repairs -Collision repairs deferred at owners' convenience-Necessity for machinery overhaul-Heavy weather damage sustained before collision repairs effected-Three types of repair effected at same time-Collision between plaintiffs' steamship Heimgar and defendants' steamship Carslogie off Oban- Heimgar under time-charter to M.W.T. -Temporary repairs effected at Greenock, seaworthiness certificate being granted subject to permanent repairs being carried out at owners' convenience-Voyage to West Africa cancelled by arrangement between owners and charterers, voyage to New York being substituted for purpose of undergoing permanent collision repairs and also overhaul of machinery- Heavy weather damage sustained on voyage to repair port-Repair of heavy weather damage necessitating detention for 50 days, during which time machinery overhaul and collision repairs were also carried out-Time necessary for effecting collision repairs alone estimated at 10 days-Claim by plaintiffs for 10 days' detention allowed by learned Registrar - Motion in objection by defendants upheld by Willmer, J., on ground that as permanent collision repairs to plaintiffs' ship were not immediately necessary but were deferred to a convenient opportunity, and were in fact carried out during the complete immobilization of the ship during the repair of her heavy weather damage, plaintiffs had failed to prove any loss by detention for the collision repairs-Appeal by plaintiffs.