Date: Thu, 29 Mar 2007 01:28

From: Michael Furmston

Subject: John Murphy and more on animals; The Golden Victory

1. The dog and Michael Jones’s father

In the original story the dog was smallish as indeed it would need to be if even Johnny Wilkinson could kick it 20 yards. I would actually wonder whether a dog small enough to fit into this story would be put down.

2. The Golden Victory

As a result of telling leading counsel for the charterers that he might well lose in the House of Lords over drinks in Gray's Inn, I spent two days listening to the argument in the House of Lords. I gave a talk on the case in Sydney on Monday and was asked what the result would be. I said I would be happy to have a bet if anyone would offer me 2 to 1 against either way but I could get better than 10/11 on and I thought Australians liked to gamble.

My full thoughts are being saved for the damages conference at Birmingham in June but one first thought. I don't think Andrew's argument holds on the way the case was fought. It was assumed, rightly or wrongly, that it did not matter whether the ship was actually re-let on a long Charter provided there was an available market and that there was an available market even though it would take 3 months to get into it. This produced a monthly figure for hire and roughly speaking it was then a question whether this figure should be multiplied by 15 or 48.

Michael

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