Lord Denning: 'It was suggested that this course is not open to us because it would be legislation: and that we should leave the law to be amended by the Rule Committe. But see what this would mean: The ship-owning company would be able to decamp with the insurance moneys and the cargo-owners would have to whistle for any redress. To wait for the Rule Committee would be to shut the stable door after the steed had been stolen. and who knows that there will ever again be another horse in the stable? Or another ship sunk and insurance moneys here? I ask, Why should the Judges wait for the Rule Committee? The Judges have an inherent jurisdiction to lay down the practice and procedure of the Courts: and we can invoke it now to restrain the removal of these insurance moneys. To the timorous souls I would say in the words of William Cowper:
Instead of "saints", read "Judges". Instead of "mercy", read "justice". and you will find a good way to law reform. I would allow the appeal.'
Ye fearful saints, fresh courage take,
The clouds ye so much dread
are big with mercy, and shall break
In blessings on your head.
Instead of "saints", read "Judges". Instead of "mercy", read "justice". and you will find a good way to law reform. I would allow the appeal.'
- Ibrahim Shanker Co. and Others v. Distos Compania Naviera S.A., (The "Siskina")
[Court of Appeal] [1977] 2 Lloyd's Rep. 230
Before Lord Denning M.R., Lord Justice Lawton and Lord Justice Bridge
[Court of Appeal] [1977] 2 Lloyd's Rep. 230
Before Lord Denning M.R., Lord Justice Lawton and Lord Justice Bridge

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