Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies-Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.
Sale of goods-Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Action to recover from seller demurrage paid by buyer to shipowner -Exception as to strikes in sale contract -Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.
Collision between steamship and dredger in River Mersey-Steamship zigzagging to avoid her own smoke - Disputed courses and place of collision - Manoeuvres of dredger in crossing channel- Mersey Rule No. 10.
Contract-Guarantee policies subscribed by defendants-Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor carts on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills -Estoppel.
Insurance - Marine - Hulk insured while being towed from Chatham to Brake and after arrival - Vessel abandoned by tugs during voyage-Whether actual or constructive total loss-Salvage impossible without interfering with Dutch dykes-Permission of Dutch outhorities necessary-Restraint of princes-Unseaworthiness -Privity of assured-Disclosure -Notice of abandonment-Wording -Reasonable time.
Bill of lading - Loss of goods - Goods shipped to Odessa-Odessa found to be closed to navigation - Bill of lading surrendered and goods sent on to other ports-Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared: whether exception applicable to substituted contract.
Marine Insurance-Fire damage-Yacht's landed and stored gear destroyed - Yacht sold without replacement of stores and gear-Amount recoverable- Reasonable cost of replacement - Particular average or total loss of part of subject-matter of insurance.
Pilotage - Dues - Bristol Channel - Noncompulsory area-Pilot taken on board at Nash Roads (212 miles from Penarth Roads) for employment from Penarth Roads to Cardiff-Whether entitled to fees as from Nash Roads to Cardiff- Whether any services rendered between Nash and Penarth.
Sale of goods (soya bean oil in bulk)- "Shipment February or first half of March per steamship . . ."-"Terms and conditions subject to . . . Association Form No. 44"-Form in course of alteration-Consensus ad idem- Force majeure-Arbitration - Special case referred back to arbitrators for further information.
Procedure (Scotland)-Damages for widow of ship's engineer killed in collision assessed by jury-Other similar cases pending - Extract of pursuer's decree superseded to give time to defenders to decide weather to limit their liability.
Sale of goods c.i.f.-Documents-Insurance policy to be with particular average- Particular average excluded from policy - Breach of contract - Measure of damages-Goods damaged-Damages measured by the amount recoverable in similar circumstances from an underwriter.
International law - Jurisdiction - Ship - Ownership-Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.
Charter-party-Freight on timber cargo- Cargo to be of deals, battens and boards with sufficient ends for broken stowage only-Boards above one-third cargo and ends above those used for broken stowage to pay 3s. per standard extra freight-Freight for ends for broken stowage to be two-third-Should ends be shipped in excess of quantity required for broken stowage, 5 per cent. of cargo to pay two-thirds freight- Cargo loaded 40 standards deals, 930 standards boards and 51 standards ends -No ends required for broken stowage -Ascertainment of freight.
Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" - Demurrage and detention - Whether detention by ice after attempt to commence part loading for account of charterers or owners-One of several ways of loading previously selected by charterers.
Sale of goods - Coal sold f.o.b. to be shipped in accordance with the custom of the port (Delagoa Bay)-Ship chartered by buyer to carry cargo-Delay in tendering cargo-Shortage of railway trucks - Strike and its after-effects - Action to recover from seller demurrage paid by buyer to shipowner-Exception as to strikes and railway derangements in sale contract-Whether seller obliged to have sufficient coal available for use of tip appliance when ship's turn arrived.
Sale of goods-Price-Construction of provision for payment in gold in Esthonia- "Gold to be of standard quality accepted . . . at the price ruling for bar gold in London on the day of payment" -Whether price to be statutory price, or price for exportable gold, or price for non-exportable gold for industrial purposes.
Arbitration - Submission - Agreement to arbitrate contained in reinsurance treaty between American and English companies - Remedy under American Arbitration Act, 1920, in case of default by one party in appointing arbitrator.
Ship's necessaries-Mortgage-Priorities- Procedure in a case where a vessel is arrested and there is an application at the instance of necessaries men for judgment and an order for appraisement and sale.
Collision in Indio Channel (River Plate)- Plaintiff steamship entering channel on her own side met by defendant steamship crossing channel - Contributory negligence-Failure of plaintiff ship to give port helm signal.
Collision-Damages-Objections to Registrar's report-Detention of H.M. ship; pay and allowances of officers and men -Overhaul shortly due and carried out at same time as collision repairs-Test as to whether overhaul then obligatory.
Arbitration - Award - Enforcement - Award against Government of Eastern Africa Protectorate-Damages for loss of ship sunk by military operations while carrying Government cargoes and passengers - Application for enforcement of award dismissed-Appeal.
International Law - Jurisdiction - Ship - Ownership - Confiscated ship sold by foreign state to Italian buyers-Claim by previous owners (a Russian navigation company) for possession of ship- Motion on behalf of Italian buyers to set aside writ.
Conflict of laws-Forum non conveniens- French subject sued by another French subject in Sheriff Court of Dumbarton for failure to deliver goods (under a charter-party executed in France) at a French port-Subrogation of rights of nominal pursuers to British underwriters -Arrestment to found jurisdiction.
Insurance (Marins)-Loss of cargo-Claim- Defences of non-disclosure of material fact (valuation including fright already insured) and over-insurance- Test as to whether over-valuation sufficient to change a business transaction into a merely speculative one.
Pilotage-Interpleader issue-By-law made by pilotage authority taking for distribution among other Channel pilots percentage of fees earned by pilots chosen by certain shipping lines- Whether ultra vires.
Bill of lading-Damage to perishable goods carried in deckhouse-Deckhouse not a watertight receptacle-Power reserved to shipowner in bill of lading to carry in deckhouses at master's option and shipper's risk.
Negligence-Shipowner's contract to carry passengers - Steamships in collision - Negligence admitted - Ticket issued subject to special conditions of carriage -Reasonably sufficient notice of special conditions not given-Measure of damages (special expenses consequent on injuries; solatium for suffering and inconvenience; compensation for patrimonial loss).
Company - Liquidation - Sale of ship to company by defender (a manager thereof) - Gratuitous alienation to the prejudice of company's creditors of part of price-Act XVIII. of 1621 (James VI.)-"Confident Person."
Charter-party - Demurrage - Time from which lay days begin to run - Delay awaiting turn to load after notice of readiness given-"Cargo to be loaded subject to port regulations in regular turn . . . commencing when" . . . notice of readiness is given - Exception protecting charterers against obstructions in the docks-No docks at loading port (Delagoa Bay).
Collision damages-Objection to Registrar's report - Non-profit-earning vessel - Annual refitting of warship carried out at same time as collision repairs but earlier than usual-Apportionment of overhead charges.
Motion by interveners (charterers) for an order staying the sale of a mortgaged ship after judgment given declaring for the validity of mortgages - Whether actual notice of charter-party given to mortgages.
Insurance (Fire)-Loss of profits on cinema burnt down - Cinema formerly a theatre-Defence of mis-statement or concealment of material facts-Whether risk increased after issue of policy - Variety turns interposed between showing of films.
Insurance-Motor Car-Damage by fire- Insurable interest-Floating policy on cars bearing plaintiffs' trade numbers- Whether damaged car of higher value than cars covered by policy-Whether accessories included in insured value.
Charter-party - Demurrage - Notice of readiness given-Ship ordered away from Russian port immediately after giving notice of readiness to load-Exception as to Restraint of Princes: whether a mutual exception-Obligation upon charterers: whether absolute - Whether vessel a ready ship - Vis major-Illegality.
Insurance-The slip-Slip issued insuring contents of premises against burglary, &c., subject to proposal form-Proposal form incorporating usual conditions of assuring company's policy-Arbitration clause in policy-Action on slip stayed because of submission to arbitration- Appeal dismissed.
Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills- Privity of contract between underwriters and bankers-Whether bills sued upon purchasers' bills or accommodation bills-Estoppel.
Insurance (motor car)-Third party risk- Condition of policy that assured should see that car was at all times in proper working order - Whether brakes in proper working order - Estoppel, waiver or election.
Insurance (motor car) - Policy covering death while travelling in another car- Assured killed in India while so travelling-Conditions of policy-Notice of claim to be given "as soon as possible" - Notice given by administratrix of deceased twelve months after accident: whether in time-Condition as to non-liability of insurers for accidents happening out of the United Kingdom in connection with use of car insured - Whether applicable to accidents happening in connection with another car.
Charter-party containing clause: "Detention by . . . ice from Braila down to Sulina . . . shall not count as lay-days" -Demurrage and detention-Whether detention in dock at Braila by ice after attempt to commence part loading for account of charterers or owners-Loading by alternative methods physically possible - Whether commercially possible-One of several ways of loading previously selected by charterers.
Contract-Guarantee policies subscribed by defendants - Loans by bankers on security of bills of exchange purporting to have been accepted by purchasers of motor cars on hire-purchase terms- Policies guaranteeing purchasers' bills -Privity of contract between underwriters and bankes-Whether liability of underwriters dependent upon whether bills sued upon purchasers' bills or accommodation bills.
Seaman-Articles-Discharge before completion of voyage-Breach of contract- Release signed on payment of wages - Merchant Shipping Act, 1894, Sect. 36 (1) & (2)-Exception of specified claim under Merchant Shipping Act, 1906, Sect. 60, by signing Board of Trade Form "M"-Whether form signed contemporaneously with release.
Emergency legislation-Requisition of food (imported bacon, ham and lard)-Compensation under Indemnity Act, 1920, Sect. 2 (1) (i)-Basis of award by arbitrator - Effect of Maximum Prices Order, 1919, No. 977, 1 (B) (i) (ii); Defence of Realm Regulations 2 B and 2 F-Requisition Order, 1919, No. 976- Whether interest to be awarded on compensation due.
Charter-party-Repudiation by charterer- Ship to load "in such dock as she might be ordered to"-Ship ordered to port without dock but provided with a pier -Ship delayed awaiting turn at pier- Stoppage clause-Partial stoppage by strike among railwaymen.
Charter-party - Demurrage - Demurrage payable if detention due to default of charterer-Failure of charterer (due to circumstances beyond his control) to load contemplated cargo-Obligation of charterer to load other cargo.
Detention of Dutch trawler in Icelandic waters-Claim for damages for detention - Whether belligerent's right reasonably exercised-Foodstuffs (fish) and cod's livers - Whether destined ultimately for enemy market.
Sale of goods-Victualling stores-Estoppel -Repudiation of claim for price six years after claim made - Shipowners allowed by Admiralty to believe contract made by Admiralty to pay for unconsumed stores if ship sunk - Admiralty estopped from pleading that there was no agreement.
Arbitration (Scotland) - Submission - Contract to carry out building works for Lighthouse Commissioners - Reference of disputes as to due execution of work to determination of Commissioners' engineer and of disputes arising after completion of work to another arbitrator -Work taken out of contractors' hands in consequence of a dispute - Whether dispute to be submitted to arbitration of Commissioners' engineer- Whether a suitable person.
Insurance - Burglary - Policy containing provision for limitation of value of articles insured inapt to cover goods stolen from business premises - Goods covered for which assured responsible which held on trust or on commission- Loss - Meaning of "responsibility": whether general responsibility of bailee or bailee's liability to owners in respect of loss - Assured not negligent and therefore not liable in law to owners of goods-Insurance company held not to be liable for loss.
Bill of lading-Loss of goods-Goods shipped to Odessa-Odessa found to be closed to navigation-Bill of lading surrendered and goods sent on to other ports- Whether fresh bill of lading contract implied-Liability excepted in original bill of lading for packages exceeding £20 in value unless declared-Whether exception applicable to substituted contract.
Collision between dumb barge in tow and steamship in River Thames-Whether due to negligent navigation of tug- Measure of damage - Penetration of barge by steamship's anchor-Whether due to original negligent navigation causing collision or to steamer carrying anchor in position prohibited by Thames By-law No. 50.
Enforcement of foreign judgment-Insurance of motor-car-Judgment given in Irish Court in default of appearance by defendants - Motion previously moved by defendants to set aside writ on grounds of want of jurisdiction and of incorporation of arbitration clause in policy-Whether a submission to Irish jurisdiction-Whether decision of Irish Court contrary to natural justice.
Arbitration-Jurisdiction-Double insurance -Award as to liability of first-cover underwriters to assured held to be covered by submission - Jurisdiction to make award as to liability of first-cover underwriters to second - cover underwriters being joint and several held to be covered by Marine Insurance Act, Sect. 80 (1).
Insurance- Burglary- Claim- Defence of misrepresentation and concealment - Construction of question put to assured in proposal form and answer thereto- Proposal made in name of partnership firm-Whether question therein addressed to firm as to previous history of firm or of individual partners.
Charter-party-Demurrage-Cargo of coal- Ship to be stemmed with specific collieries-Exception from loading time -"Pay Saturdays" at collieries "not to be counted unless used" - Ship stemmed to load coal from two collieries -Saturday in loading time "pay Saturday" at one colliery but not at the other.
Brokers - Shipbroker - Contract to place vessel upon berth to load cargo-Loading broker recommended to shipowner by shipbroker - Loading broker fully occupied in obtaining cargo for another ship on behalf of same shipbroker - Shipbroker's duty to disclose facts to shipowner-Measure of damages: actual loss on voyage - Loss of prospective profit not a proper ground of damage.
Petition of right-Dock dues-Services rendered to Crown during war by dock company - Agreement that company should be paid cost of labour &c. (plus a percentage) for dealing with goods on quayside - Whether term introduced into contract by implication to make deductions for labour employed in terminal railway services said to have been paid for in railway rates charged for conveyance of goods to dock.
Emergency legislation - Enemy debts - English buyer debtor and German seller creditor-Payment for goods shipped- Goods delivered ex ship and dealt with by buyer but documents of title not taken up because of outbreak of war- Principal debt admitted but payment of interest disputed-Whether interest due-Decision of Joint Clearing Offices made under Treaty of Versailles, Art. 296: whether enforceable in absence of appeal to Mixed Arbitral Tribunal.
Bill of lading-Risks overside delivery "Delivery overside, if convenient, at consignee's sloe risk of loss, damage or injury to goods, craft or men" - Damage to barge - Negligence of "master lumper"- Custom of the port (Liverpool).
Charter-party - Demurrage - Readiness to load-"Arrived ship"-Cargo of benzine spirit-Vessel in harbour but not in petroleum basin (Constantza)-Notice of readiness: whether given to charterer's agent - Waiver - Whether notice of readiness must be signed by captain- Arbitration-Award remitted for further findings.