THE "BRITISH CONFIDENCE."

[1951] 1 Lloyd's Rep. 447

HOUSE OF LORDS.

Before Lord Porter, Lord Normand, Lord Oaksey, Lord Reid and Lord Tucker, sitting with Rear-Admiral M. W. S. Boucher, R.N., and Captain G. C. H. Noakes, R.N.R., as Nautical Assessors.

Collision - Fog - Signals - "Lying stopped" - Unchanging bearing - Collision between French steamship Joseph Blot and British motor vessel British Confidence off Cape Trafalgar in fog-Vessels on almost opposite courses crossing at fine angle-Both vessels sounding for fog - "Lying stopped" signals sounded by Joseph Blot shortly before collision- Vessels sighted by each other at distance of between 600 and 700 ft.- Impact between port bow of Joseph Blot and port side of British Confidence-Whether Joseph Blot was "lying stopped"-Unsatisfactory nature of contemporary documents -Demeanour of witnesses-Credibility -Decision of Lord Merriman, P., that British Confidence was alone to blame- Judgment varied by C.A.-Apportionment of blame: British Confidence, two-thirds; Joseph Blot, one-third - Appeal by British Confidence; cross-appeal by Joseph Blot-Consideration of circumstances entitling appellate tribunal to differ from conclusions of learned trial Judge based on credibility and demeanour of witnesses-Evidence given by British Confidence rejected by trial Judge as untrustworthy, but vindicated in a material part by assessors on appeal - Essential finding influencing trial Judge's conclusions-Collision Regulations, Arts. 15, 16.