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Lloyd's Law Reports

THE "LLANOVER."

(1946) 80 Ll.L.Rep. 433

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Collision - Damages - Loss of ship requisitioned under Charter-party T.99A - Market value - Loss of profits - Plaintiffs' steamship Presto sunk by collision with defendants' steamship Llanover - Llanover alone to blame - Reference to Registrar - Claim by plaintiffs including (1) market value of Presto at date of loss; (2) loss of trading profits - Presto under requisition by M.W.T. upon terms of Charter-party T.99A - Hire "for such period as the charterer may require but, unless otherwise agreed, not extending beyond the expiration of six months from the cessation of hostilities" - Award by learned Assistant Registrar of (1) £22,900 (claim: £25,000) in respect of market value; and (2) £4500 (claim: £20,269 13s. 4d.) in repect of loss of profits - Award of sum for loss of profits made on basis of long term charter, on grounds that Presto was in fact certain of continuous employment under Government charter - Motion in objection by defendants in respect of Item (2) - Contention by defendants that, there being an option in the charter to cancel at will, the amount which could be claimed for loss of profits was limited to anticipated profits of collision voyage - Further evidence adduced as to market value - Basis of market value - Assurance of profitable employment during war.

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