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LORD JUSTICE LAWTON LORD JUSTICE SLADE LORD JUSTICE CROOM-JOHNSON ____________________
(Transcript of The Association of Official Shorthandwriters Ltd., Room 392, Royal Courts of Justice, and 2 New Square, Lincoln's Inn, London, WC2A 3RU).
MR. GEOFFREY BRICE Q.C. and MISS BELINDA BUCKNALL (instructed by Messrs, Ingledew Brown Bennison & Garrett) appeared for the Appellants (Defendants). MR. ADRIAN HAMILTON Q.C. and MR. JEFFREY GRUDER (instructed by Messrs. Ince & Co.) appeared for the Respondents (Plaintiffs). ____________________
Litigation resulted. The action was tried by Mustill J. (as he then was). He delivered Judgment on 29 November 1984 (see (1985) 1 Lloyd's List Reports 264) in favour of the plaintiffs. The detailed history of the litigation is set out in that Judgment and need not be repeated.
The defendants submitted that, although the evidence proved that the loss would not have been sustained but for the unseaworthiness of the cruiser due to the design defects, the judge misdirected himself by adjudging that unseaworthiness was irrelevant and he did not take it into account when deciding whether what happened in the adverse sea was a proximate cause of the loss. This submission was based on the following passage in the judgment:
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Common Room
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