LLoyp’s List LAW REPORTS. REPRINTED FROM LLOYD’S LIST WITH WHICH 15 INCORPORATED THE Sipping & Mercantile Gazette, ‘Vou. V. No, 7) ‘THURSDAY, "DECEMBER, 9, 1920. (Br Svnscarerion HOUSE OF LORDS. Friday, Nor. 26, 1990, DOUBLE COLLISION IN THE THAMES. “LARENBERG" +. “ GOTHLAND “ALEXANDER SHUKOFP " +, * GOTHLAND.” Before tho Loss Camonion, Viseount Frnt, Lord Sm, Lord Movuror and Tord Sowees, with Admiral. P. ‘Wazarn, D.8.0,, and Rosr-Admiral GB. Mismt, CBE, BLV.0,, a2 Nautical emer, ‘Their Lordships _tosley allowed the ‘appeals of the ownere of the Danish steam: Ship Larenberg and. the. ownesy of tho ‘Swedish stoamdhip AZenunder Shukof), in fetch of which the owners of the Balgian ‘Keamship. Gothtind were the respondents ‘The appenle arose out of ealisons tm the South Banburgh Channel of the River ‘Thames on Des 4, 1916, when, with other, the thee etonners were. proweading” down hamnel.” The feet collision took pice ber tween the Alesander Shuof aod the ce. sce Tit found thatthe denne Shuto! 3d nothing wrong, aod that te Gothiand vas seglgentiy ‘navigated to fished tha the Gothand bad not mado ut the defence of compulsory ploiage. The our ot Appeal Seided thatthe owners Of the Gothland were entitled to tucced in hie defence of" sompuleory”pllatage In the cate of the Larenberyy Me dunce ll found the. GotNlnd late to blame, but fhe" Court "Appeal ‘held. thatthe Pint (f the Larenberg was solely Wo blame for he olson. "The House of Lords decidod today. th fn the oa of “tho Larenberg and tho Gothland, both somal were to blame, but tint the Larenbery had established the, doe fence‘ compulsory plotage. The Oathlond ould ot ayail hers of that datonce ‘The Ara collsion was a causa which con: tributed to the second, andthe Master and tow failed in their duty in. that cae They slo talon hee dito boop proper fock-nut and Keop the Pibt infor teen the frst collin. "The remll. was ‘hat the order of the Court of Appeal was iereed, andthe desree of, Me- Justice Hil reetored. Tn the case of the. Alenander Shuko thle Lordehipa eld’ thatthe owners the. Gothlend” didnot. dachargo, the ont of etablishing that ‘the collsen was a flay othe fault of the Pibt, but, on the contrary, there wat neglect of the Master and” crew of the, Gothurnd, which ould not be shown do have been’ snaon ‘ected with the silion "The previous proceedings in the House of Lorde are reported at pager 250 and. 805 Vol IVs of" Liayd’s Litt Law Reporte.” Me, FON, R. Laing, Kc, and Mr. Lewis Noad instructed By Mose. Stokes peated Tor the -Larenberg: ‘Sinko The Gothtand waa represented by Me. Butler C. Aspinall, KG, Mr. A, D. Brisson, KG, and Me D. Sieohena, K.C (natrucled by’ Messrs. Pritchard & Sons) suDMEnr. ‘The LORD CHANCELLOR, in. moving ‘that the appeal In the caso of the Alexander Shubof) w Gothlond should. be. allowed, taid:-—This is tn appeal from an order of the Court of Appeal dated Moh 12, 191 oversng 0 decree of re Joaton Hl, dated Save 1 18,288 LLOYD'S LIST LAW REPORTS. [Dec. 9, 1920. ‘Th ston was rong bythe pple an respect of collnion in the, Thames evmeea, the dieoonder Sdukof and the Gothland during the morning of Dec. 4,196 ‘Both veands eatsied Pilots By compulsion of lw. “Str Justice Hil Bold thatthe Govdtand was soley to blame and that the etence of compuiory ‘plotage was not ade oct, “The Court Apel wie Sgrosing shat that acl was solely to ‘lame eld that the Jefece of compulsory pllotage was made out and accordingly tht ppeat has toon brought "Phere was conaiderbls coadlct of evidence in the tral Court, and there can be D0 oube thal Mr. Jaslce HI was right tt tering fo sept the explanations and ‘Batoments of facta offered: on buball of ‘he Gothlond.. ‘The ral lave in wheth Aefesen of compulsory pllotage aus. eon ‘reablihed by the owners of thee sesel "The collaion question oorurred shortly after 1) am. oa Dec. 4, 1916, in Une clear (Fesiber fe Bouts “Edinburgh. Cbsnoal Bilweca ‘Ne. 8 and No. 3 buorn. Tae learned Sedge found that the tide was os fhe ebb between one and. two knot acting Wichceasuriys Ee Mtesanter Shuto ‘real of Bf. fn length, capable of eight net, and the Gothiond” which i400 ft. Tong and expable of 13 Kneis, were among mer of other rates which had ‘init. Inarked on the port side by No. 5 buoy "The fin ship whow manaurzes require notice isthe Aderdale, which enteral the Ghasnal shad of the other two, and when {Sn dehasnel wan ordered ‘by a torpedo. Soa accor stant iba, wih ras general, was apparently not weeny Tes Seat Sot cape by eater ap, ‘The dberdele wang round with her bead pointing H-W., and, while abe was so head Bog the Aesander Shubof wae wen about ‘quarter of a mile away heeding in s south Stiterly direction litle on the’ port side ‘t'the Ghuanel. Ar she entered the Ohannel ‘he war going about ‘sight knots The Gothiand waa neon by the Aberdate elnost the tune moment at the. dlesander ‘icetion, ou the starboard erie the diene Shuto wa rading fll speed. The Aberdate nd BoMasnder sheep extnged port hee signals, aod passed port to port, the Inti Stern bor course about halt point to {for the pzrpoee. "Tho Gothiand waa nfoat "quarter of smile from the later rete) Sod crertaaling ber when the signal were (Sechanged. Gh was on the Abordale’s tax. Soar gure.” Bo pumed tha Adee ‘on courses which though nearly parallel were Sear ie a, conering Pag aide ‘behalf of the GotMand was not ‘ridonce of truth, but certain taste are ‘Severtbales octbiaed, hig veoel wae Tinan in the crow'snest as look-out ma ‘The Pilot stated that he rst eam the Alesander Shuto when she was 080 08 O86 ‘away, and crowezaminalion Ptaaditance 1 fb ft No ous reported Ber tom. he. Master did ‘not see Ber va keep. port. doen not appear Irheiber the Took-oue saw her, but corainiy wyone’ Nor was any Tiesanter Shuts coming tate contact with ihe"port bow of the Gothland. Mr dortion HII Bold that the Alecander Shukof aid nothing wrong, that the Gothlond was pro: Sseding nt a tecleas sod cxcemive sod alt sothiog to Was too late, Because 26" ope on Bosed War paying altention to the other” veal, ‘The Kormed Tudge did not decide whether was the daly of the Master bo interfere having regard to the rate of speed, which, inh view, made the duty ‘of reader ery, postile aistance to the Pilot a fhe greater. ‘This duty, which should bare ‘been promt {2 the made of all the Of fra not dlacharged” at all. Tn his “Te cater where auch s defence Se eet up ‘tre re bro factors which mont be takenDec. 9, 1920.] LLOYD'S LIST LAW REPORTS. 239 into sscount. ‘Tho fst is that this defence, hich of statutory origin and has been {Fopested in successive hoa of Patinmnt, ttre of the eattlod policy of the country, it tot to be mavrowed on diminihad {fore ‘by decions of the Court. The stcond ia that thin role, which i lateoded te measure of sacuriy, dowe not mean, eae, "he Master and crew ate aot mere paneagers when 2 Pilot ie oo board by Eompulaion of law. ‘Tho Plot ia entitled fo their aristance, aad to apply the defence of sompulaory pilotage to mute mhere the ecident would” have beou averted if rock Seinen ied etn ene, ough m fet Wren not, would defeat tbe policy’ whi hban cronted the dafeace, and so far from Iereasiog the safety of auvigation would ftooallyincreare its Sake. ‘Tue law hat een Iaid"down in» aumber of cases, hongh not, 1 Deliewe, sa Uae House. ie the Yona (LR, LPC, 428) Ube Judicial Commit aftr pointing oat that it was for defendanta to make out. the. defence tea has therefore, thoy must prove Bot Torely that there was fault or Begligence fon the part of to Pilot, bub thatthe Seesage tas conasioned exclusively by such Setacie, proceeded at p. 430 to pois! out Ghar if Ge Pilot bad’ boon made earlier sri ofthe poston of cian arte, fhe stccdent might never have cocorted. Thus {he veglect 8t duty om the part of the Took ‘out man not oaly ‘might ‘have boon con ‘ive to te. daater, Dut es in all prob ferme" Tho cane have. clearly venta: ished hat if, Tor ang actor omission Thich contribated” ‘to the. accident, the aster or crew in ta blamethen,althongh ‘the Pots al to blame, the Owners ‘ot exempted from lability,” and the jody ent aide: "hat it ie She Guty of the formation ofan approuching,‘venel. and Accurately to deverioo her potion was the Principle enforced in the tase of the Tone, Sod in the prownt case i may reasonably ‘einfereed that Af the Pilot had eos tearlier Information he would not have Fivea the onder to starboard stall or would have ven it at a Gime when op 8 starboard {elm he old have gone clear ofthe barre.” nthe Tuctiian (190, p. 244) Lard. Alvor- ‘one vated the rale in thee term: "The faedieal principle to be bona fa enind in ‘hese pilot eases «fs thatthe Pilot Sin sole charse of the ship,” and he ex command tnd’ of interfering Sieh the conduct of the Pilot, and thet ything of that Kind amounta to an inter= speten _ ofa compeleat lookout and well-found ‘Bip, Tho cases nt which the Mater hao itertere nt all with he Pilot very ately ocour «bob Were int may bey 2'Guninction” between interference” and Sige to any that be be ested to fal fotmation with regird to any mrroundiog fee which fe important be shold know © “T, must be borne if mind thet, ae Lord Sethourao pointed out in Clyde Navigation ‘Grrpany ve Barclay (Lilt 1 Appeal Case, uy thre are. thres things ameaaary 1 Se proved Pir that a guelied Pilot wee tclng ta charge of the ips aecndly, Wat the harge war compulsory; aod tind, fhe ines hie faalt or tapes which ‘reasoned the damage. ‘Your Lordships have to apply then tine ciple to" tbe facta of, thig cute Hf the, Slice hevingreclvod timely Information of {he fut of the Aieonde Shuto and erdae acted 0 ‘ao Siac te elit cre nr 8 Subs Bat ie tate would bo is aloe. "he or Genco eaabliahes clearly thet a» far frou: fouving sud aformaton in tno, be wae iven nove at all” In crcumtioeee which fated “tor lon, "Te in obvious from hig own expla: ition that he was not fly. aware” of {he poston and Tnteations of both vesels the time of the calion. Te my be ttnough Tam not ete ipo this pein) tbat oat to faye ber aoa Pilovs daly is that of controlling the ev si hi attention must ted on some parties” ius feck Tie ir eatted to bave the andl {ce of a Toak-out and timely reports of ihoterial Tncidenta, Hin sharge, at Terie ot in charge without asitancs, if that" anisenoe ie not forthcoming, te is Aliicult, if not imposible, for the owners foray that the Pilot ought to have Xaown ‘without being tld, and. therefore that the lame ie bs slone, for thin romson, that it by no means follows tha, Hf hy Pilot bed Uren informedy au he’ ahold have, been, Fh respective postions of th two venels ST dime when 2 report ought to bare Seon mado, be would have aclad at be dd When he Sew tow the Alcrander Shukefl he ea ony short distance aay, ad be Mes"comnitled, at a late period in the Tctaopment a event, tot course which, Sevens proved, rout hie vere ie Shision with her. ‘Hdl a proyer look-out Sen Kept and ad {aformatin been Kives Kio initine, he would not have "Seen Slnced” ina ponkion in which he fomed Hilt fora to come tos emift and240 LLOYD'S LIST LAW REPORTS. [Dec. 9, 1920. ‘peremptory decision whether to bold on or {altar tls courve, ‘Even although at the setaal metieat of decison, the clon ‘might bare been evelded if be had. acied boarded her hel, te Konakry ad "to sted that thoes om board the Ordyiy wore, juste incoming to the concivson that the Kosakry would aot port tind attampt to Tecrose tho. bows of tbo (Ordvine He held that the action taken by he ‘Orduaa very thort time before the calsion, ren Id et she as was not soposent, Viscount FINLAY, in moving that the Appeal shouldbe dismieed uid: This cave ‘ice out of ellison which took place be ines fe ehonip Ord and te ea Ship Ro 1 rallsson mappened ia Spun ence 15 or 18 tls to Bel south of Galoy Point om the rovth coat of Ilana, S05 pm. on Des. ty 1918. The Orduns Jn a ves of 2000 tone and £0 fe tng: the nad paswenzers ee ell an exe on bond 210 nal. ‘The Ronalry was a tank vowel of S742 tone burden, and was at the’ time Ot the colton im ballasts Tao Onda was proceeding a 1 Kaots on s coure N. 60. fries "The Howttry was proceeding at the