HC Deb 22 December 1925 vol 189 c2177W

asked the Attorney-General whether his attention has been called to a recent decision in the case of the " Clan Maclachlan "; and whether it is the general policy of the Crown to plead the Statute of Limitations, in view of the fact that firms and individuals of standing in the country only adopt such a course as an extreme measure in special circumstances?


This ship was sunk on the 19th July, 1917. The collision was regarded as a marine risk and was paid for as such by the marine underwriters. It was not until the 29th November, 1923, after a decision of the House of Lords which indicated that risks which had boon regarded as marine for all insurance purposes might, in fact, be War risks that the claimants commenced proceedings by appointing an arbitrator under the Charter Party. By reason of the Indemnity Act no claim could have been commenced at law or by Petition of Right; owing to a technicality the provisions of the Indemnity Act did not apply to arbitration proceedings. In these circumstances, the Advisers of the Crown felt justified in pleading the Statute in this case. In fact, it is not the general policy of the Crown to plead the Statute.

Forward to