FALMOUTH BOAT CONSTRUCTION, LTD. v. HOWELL.

[1951] 2 Lloyd's Rep. 45

HOUSE OF LORDS.

Before Lord Simonds, Lord Normand, Lord Oaksey, Lord Radcliffe and Lord Tucker.

Repairs to ship - Illegality - Emergency legislation - Ambiguity - Licence - Authority of licensing officer - Oral permission - Retrospective effect of licence in writing-Omnia pr‘sumuntur rite esse acta-Repairs executed by plaintiffs to defendant's ship-Claim for balance for cost of repairs alleged to be due-Necessity for licence to execute repairs-Application made by plaintiffs for licence "to complete B.O.T. requirements, for modified Steam 3 Certificate"-Licensing officers authorized to sign licences-Licensing officers instructed by Admiralty that they "ought not to delay the putting in hand of obvious repairs merely pending the actual issue of a licence"-Work commenced by plaintiffs upon receiving oral permission of local licensing officer -Written licence subsequently issued authorizing the carrying out of repairs, alterations and drydocking-Provision in licence that it "shall automatically determine if any unauthorized repairs, alterations or drydocking are carried out"-Whether licence retrospective - Preliminary questions submitted to Official Referee - Emergency Powers (Defence) Act, 1939-Defence Regulations, 1939 (as amended up to 1947), Nos. 55, 92-Restriction of Repairs of Ships Order, 1940.