Ships in UK Law

It is now well settled that those who plead the section as a defence must discharge the burden of proving that they come within its terms. That is to say, they must show that they were themselves in no way in fault or privy to what occurred; in this case to the failure to render the ship properly seaworthy by taking care that the master was instructed about the special risk arising from its shape.

State-controlled enterprises, with legal personality, ability to trade and to enter into contracts of private law, though wholly subject to the control of their state, are a well-known feature of the modern commercial scene. The distinction between them, and their governing state, may appear artificial: but it is an accepted distinction in the law of England and other states (see Czarnikow Ltd. v. Rolimpex [1979] A.C. 351).

But these consequences follow inevitably from the entry of states into the trading field. Though, with much hesitation, I feel obliged to differ on this issue from the conclusion of the learned judge, I respectfully think that he well put this ultimate test:

In other words the loss of user for the time of repair, in effect, made the "Prestol's" then capital value infructuous for the time being, even though by special effort more benefit was got out of other ships, in which other capital was invested than would otherwise have been the case.