This case involved the initiation of a writ in personam by the plaintiff, Maria Navarro, who sued as the administratrix of her son's estate. Her son, Bernard Navarro, died from injuries sustained in a collision that occurred in the English Channel between the steamship Sitala and the defendant's ship, the Niceto de Larrinaga, on which he served as a member of the crew. The defendant admitted liability for the collision. However, it moved the Court for an order dismissing the action on the grounds that it was time-barred by the provisions of s 8 of the Maritime Conventions Act 1911 (UK) (the Act), which gave domestic effect to the Collision Convention 1910.

Held: Motion dismissed with costs.

The Court had to consider the correct interpretation of s 8 of the Act. The Court agreed with the interpretation submitted by the plaintiff, which stated that the section should be read to mean: 'No action shall be maintainable to enforce any claim against a vessel or her owners in respect of damage to another vessel or damages for loss of life suffered by any person on board her caused by the fault of the former vessel whether such fault be wholly or partly in fault …'.

The Court also referred to the finding it had made in The Alnwick [1965] P 357 that in regard to claims for damages for loss of life caused in one vessel by another vessel mentioned in the Act, no action shall be maintainable unless proceedings are commenced within two years from the date when the damage or loss or injury was caused. The time bar only applies, however, to claims brought in respect of damage or loss to cargo or property or loss of life or personal injury against the other ship. Claims of this nature which lie against the vessel carrying the persons, cargo or property in question are not affected by this limitation period.