High Court of Ireland Decisions

1. The plaintiff, a citizen of the United States of America, seeks a declaration in this action that he is the sole and exclusive owner of all rights, title and interest in the R.M.S. "Lusitania" her hull, tackle, appurtenances, engines and apparel. The second, third and fourth Defendants (the State) are in dispute with the Plaintiff regarding the ownership of cargo on board the vessel and also the personal effects of passengers and crew therein. The State has counterclaimed accordingly but by agreement between the parties that claim has been adjourned for hearing at a later date.

2. The "Lusitania" one of the great passenger liners of her day, while on passage from New York on 7th May, 1915, was torpedoed by a submarine of the Imperial German Navy and she sank off the Old Head of Kinsale. The wreck lies within Irish territorial waters approximately 11.5 miles S.S.W. of the Old Head.

3. At the time of her sinking the vessel was the property of the Cunard Steam Ship Company of London. She was insured by Liverpool and London War Risks Insurance Association Limited. The insurer accepted that the "Lusitania" was a total loss and discharged its insurance liability in full, thereupon becoming the owner of the wreck. Title to the property in question has devolved through divers' hands to the plaintiff. I have considered the documents of title put in evidence by him, some of which are not original. I note also that the plaintiff's title has been the subject-matter of investigation by the United States Federal District Court for the Eastern District of Virginia, Norfolk Division (see judgments and orders of that court (2) made on 18th April, 1995 in proceedings entitled F. Gregg Bemis Junior -v- The R.M.S "Lusitania") and by Sheen J., Queens Bench Division (Admiralty) in an action entitled Pierce and Another v. Bemis and Others, The Lusitania. The judgment of Mr. Justice Sheen is reported at [1986] 1.A.E.R. 1011. Both courts were satisfied as to the plaintiff's exclusive title to the property on the basis of the same documentary evidence which I have received. I note also that the State has not challenged the plaintiff''s title to the property in respect of which a declaration of title is presently sought, nor has the plaintiff's bona fides been attacked in any way. Having heard him in evidence and having considered the relevant documentation, I am satisfied that the Plaintiff is in fact the sole and exclusive owner of all rights, title and interest in the R.M.S. "Lusitania", her hull, tackle, appurtenances, engines and apparel and that he is entitled to a declaration of title in those terms.

4. The plaintiff is also entitled to formal judgment against the first named defendant, no Appearance having been entered on behalf of the vessel.

5. On consent, I have adjourned the issue as to costs of the plaintiff's application until the trial of the issue relating to the cargo and personal effects on board the wreck.