The vessels Kashmir and Otranto collided off the coast of Islay on 6 October 1918. In a collision action, both vessels were held to blame. On 11 April 1921, a limitation decree was ordered in proceedings instituted by the P&O Steam Navigation Co as the owner of the Kashmir. The decree provided, among other things, that claims should be brought in by 11 July 2021 and that there was liberty to ask for an extension of time.

A soldier who was on the Otranto at the time of the collision lost his life. His mother sued the P&O Steam Navigation Co. The writ was issued in December 1922. Hill J held that the claim was out of time both under the Maritime Convention Acts 1911 (UK) (the Act) and under the time fixed in the limitation suit.

The soldier’s mother appealed.

Held: Appeal dismissed.

In this case, the writ was issued a very long time after the two-year limitation period for bringing such an action imposed by s 8 of the Act.

It was argued that the two-year time limit ought to be extended because the appellant was in the US and did not hear, and could not hear, what happened, and all she knew was that her son, who was a US soldier, had been lost at sea. Also, it was alleged that, in all probability, the British authorities concealed the loss of this transport as much as they could. Hill J held that that was not sufficient. That was a matter of discretion. The Court of Appeal could interfere with Hill J’s discretion, but it ought not to do so except on very strong grounds. Hill J proceeded on no wrong principle, and the Court of Appeal ought not to interfere with his discretion.