A/S. RENDAL v. ARCOS, LTD.

(1937) 58 Ll.L.Rep. 287

HOUSE OF LORDS.

Before Lord Atkin, Lord Thankerton, Lord Macmillan, Lord Wright and Lord Maugham.

Charter-party-Notice of claim clause- Norwegian vessel chartered to Arcos, Ltd., of London (for Exportles, Moscow) for voyage from Leningrad to Sarpsborg-Failure by charterers to provide adequate icebreaker assistance in conformity with ice clause- Damage to vessel by ice-Claim by shipowners-Whether proper notice of claim given under Clause 24 providing: "Notice of any claim under this charter or under any bill of lading given hereunder must be given within 12 months of the date of the vessel's arrival at final port of discharge otherwise all claims shall be deemed to be waived"-Further question whether, if proper notice was given, such notice was given to anyone authorised to receive it-Construction of notice of claim clause-Notice of claim given by shipowners' agents to U.S.S.R. Trade Delegation in Norway-Constitution of U.S.S.R.-Trade Delegation admittedly agents of Exportles in respect of matters arising out of discharge of cargo under charter - Position of Trade Delegation considered - Extent of authority - Presumption, assuming that authority was limited, that such notice was passed on by agent to principal-No evidence in rebuttal-Measure of damages-Whether charterers liable

for whole of damage-No evidence that vessel would have suffered like damage had icebreaker assistance been given in accordance with charter-party.