SCHOTHORST AND SCHUITEMA v. FRANZ DAUTER G.m.b.H. (THE "NIMROD")

[1973] 2 Lloyd's Rep. 91

QUEENS BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Practice - Writ - General average - Shipowners' vessel towed into port on Dec. 17, 1962 - General average statement issued on May 21, 1965 - Writ issued by shipowners on Dec. 16, 1968, claiming general average contribution from indorsees of bills of lading - Leave to serve writ out of jurisdiction on indorsees granted on May 19, 1971 - Order extending validity of writ made on May 11, 1972 - Whether leave should have been granted - Whether extension of writ should have been granted - Factors to be considered - R.S.C., Order 6, r. 8 (2), Order 11.