References:  AC 292,  UKHL 4
Coram: Viscount Jowitt
The plaintiff’s vessel had been damaged in a collision, and underwent temporary repairs at Port Glasgow. It was certified as authorised ‘to be confirmed in her present class without fresh record of survey, subject to certain permanent repairs at the owner’s convenience’ Having sailed for New York on a trading voyage, whether or not she was in ballast, she sustained heavy weather damage which necessitated 30 days of repair time in New York. During 10 days of that period the repairs to the collision damage were also carried out.
Held: The claim for loss of use during that 10 day period failed. The vessel was ‘incapable of gainful use during the 10 days necessary to complete her collision repairs’. Viscount Jowitt was willing to assume that the collision was a cause of her detention in New York, but she would have been detained for that period in any event
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