ABSTRACT

Port Line Ltd v Ben Line Steamers Ltd [1958] 1 All ER 787, p 793 Diplock J: The plaintiffs contend: (1) that, throughout the relevant period, they had a valid and subsisting contract with Silver Line Ltd; (2) that, by virtue of that contract, they were entitled, as against the defendants, on the principle laid down in Lord Strathcona SS Co v Dominion Coal Co ([1926] AC 108) to have the vessel used for the carriage of their goods; (3) that they are entitled to recover from the defendants: (a) under the Compensation (Defence) Act 1939, if it applies, the whole compensation, or alternatively the bareboat element of the compensation received by the defendants in respect of the requisition; or (b) if the Compensation (Defence) Act does not apply, a portion of the compensation, such portion being ascertained in accordance with the principles laid down by Lord Parker of Waddington in FA Tamplin SS Co Ltd v

Anglo-Mexican Petroleum Products Co Ltd ([1916] 2 AC 397) and applied in Chinese Mining & Engineering Co Ltd v Sale & Co ([1917] 2 KB 599) and other cases; or (c), as an alternative to (a) and (b), the profits made by the defendants out of the requisition of the vessel.