The Norwegian Government decreed that all ships registered in Norway were requisitioned. The defendants, a London firm had agreed to charter a Norwegian vessel for the carriage of pulp from Oslo to Grangemouth or Leith. The curator sued for damages, alleging that the defendants had repudiated the contract. The defendants contended that the situs of the debt was England and that by English law the Norwegian decree did not pass ownership of that debt.
Held: ‘It seems to me that the English courts are entitled to take into consideration the following matters: that this is not a confiscatory decree, see art. 5 of the decree, that England and Norway are engaged together in a desperate war for their existence, and that public policy demands that effect should be given to this decree. To suggest that the English courts have no power to give effect to a decree making over to the Norwegian Government ships under construction in this country seems to me to be almost shocking. At any rate; following that judgment and the judgments referred to therein I am entitled to give effect to this decree. It is not confiscatory, it is in the interests of public policy, and it is in accordance with the comity of nations. Therefore I determine this issue in favour of the plaintiff.’
Judges:
Atkinson J
Citations:
[1942] KB 202
Cited by:
Cited – Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba CA 30-Jul-2003
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 29 April 2022; Ref: scu.186116
