This case concerned a dispute over the recovery of general average expenses under a marine insurance policy governed by the York-Antwerp Rules 1924. The claimant, Vlassopoulos, owned the steamship Makis, insured by the British & Foreign Marine Insurance Co Ltd. While loading pitwood in Bordeaux on 10 January 1927, the ship suffered an accidental breakage of its foremast, causing damage to the derrick and some cargo. To carry out necessary repairs, the vessel was moved to a wet dock in Bordeaux, where the repairs were completed by 22 January. Some cargo had to be handled and partially discharged during this period. After resuming the voyage to Cardiff, the ship's propeller was damaged at sea on 29 January, making it unfit to face ordinary perils. The master diverted to Cherbourg, a port of refuge for repairs, which took 18 days and involved handling and partial discharge of cargo. The claimant sought reimbursement for all expenses incurred at both Bordeaux and Cherbourg. The insurers admitted liability for certain specific items but disputed general average treatment for other costs.

Held: The Court partly accepted and partly dismissed the claimant's general average claims.

Roche J held that expenses incurred at Bordeaux were not recoverable as general average, because the ship was 'at no time in danger' and the handling or discharge of cargo was not necessary for the common safety of the maritime adventure (Rule A). Rule 10.b does not extend to repairs of accidental damage where no peril exists. Conversely, expenses incurred at Cherbourg, the port of refuge, were accepted as recoverable general average. The ship, rendered unfit to encounter ordinary perils, had to divert to Cherbourg for the common safety of the ship, cargo, and freight.

Roche J also clarified that the lack of 'immediate danger' did not preclude general average: the expenses were recoverable under rr 10.a, 10.b, and 11, consistent with general rules (A and C).