Few people will have forgotten the tragedy which occurred on the night of 19th December 1981, when the motor vessel Union Star, a single-screw coaster owned and managed by Union Transport (London) Ltd. and registered in Dublin, was driven aground on the south coast of Cornwall during a severe gale. As a result of the accident 16 people died; the Royal National Lifeboat Institution’s Solomon Browne and her crew of eight were lost while attempting to rescue those on board the Union Star, and all eight people on board the Union Star also perished.

Subsequently1 a formal investigation was held2 before Mr R. F. Stone, Q.C., into the loss of the Union Star and the Solomon Browne, together with their respective crews. The purpose of the investigation was threefold: first, to determine, so far as the evidence would permit, the cause or causes of the double accident;3 secondly, to ascertain whether the wrongful act or default of any person caused or contributed to the loss of the two ships and those on board;4 and thirdly,

During the course of the investigation one of the matters considered by the court was the delay which occurred in relation to arranging salvage assistance for the Union Star. The master of the Dutch salvage tug Noord Holland contacted the Union Star, which had been disabled by engine failure in severe weather, and offered to stand by her on the terms of Lloyd’s Open Form; this initial offer was refused by those on board the Union Star.6 Subsequently, the master of the Union Star, having failed to contact his company’s ship superintendent, contacted the assistant ship superintendent and discussed the position with him. The assistant ship superintendent advised the master to accept the tow.7 Shortly afterwards the assistant ship superintendent was contacted by the owners of the tug and salvage assistance on the basis of Lloyd’s Open Form was agreed between the owners of the respective vessels.8 More than one hour elapsed