Insurance (motor)-Accident to lorry- Claim-Statement in proposal form that lorry would be used for purposes of delivering coal-Evidence that the accident occurred while delivering coal, but that prior to the accident the lorry had carried timber-Whether statement in proposal form constituted a warranty
Barge-Seaworthiness-Damage to plaintiffs' cargo (timber) through sinking of defendants' barge-Whether sinking due to dilapidated condition of barge or to fall of sling of timber during loading by plaintiffs-Onus of proof
Charter-party-Loading expenses - "(17) The cargo to be brought to and taken from alongside at charterers risk and expense. (18) The charterers shall provide stevedores to load the cargo at a cost to the vessel of 25 cents gold per English ton"-Expenses of winchmen supplied by charterers-Whether part of expense of loading of cargo by stevedores-Umpire's finding that "the trade union regulations have for many years been effective in the sense that vessels never employ members of their own crews to act as winchmen and any attempt to do so on any vessel would result in the withdrawal of all stevedore labour and would thus make it impossible to load such a vessel"- -Implied use of steamer's winches
Bill of lading-Fire Statute-Loss of cargo -Claim by cargo-owners against shipowners -Negligence of ship's engineer in loading new bunker coal on top of old bunker coal-Unseaworthiness- Right of shipowner to limitation of liability under Fire Statute-Lack of diligence to make vessel seaworthy
Collision - Loss of plaintiffs' dredger - Damages - Reference - Motion by defendants in objection to Registrar's report - Interruption of plaintiffs' contract with harbour authority - Delay in finding substitute dredger owing to lack of financial resources - Effect upon measure of damages - Restitutio in integrum - Remoteness - Finding of Registrar that plaintiffs were entitled to take all reasonable steps in the emergency which arose to carry out their contract with as little delay as possible, having regard to all the existing circumstances, such as the severe terms of their contract in regard to penalties and their want of liquid resources; that plaintiffs were equally bound to minimize the damages flowing from the sinking of their dredger; and that the plaintiffs, in the action they took, acted reasonably
Freight - Assignment - Charter fixed by defendants as chartering agents - Advance by plaintiff bank to shipowners on security of freight-Instructions given by defendants through their New York house to their agents (X & Co.) to collect freight on plaintiffs' behalf - X & Co. acting also as ship's agents-Charterers not informed - Freight paid to X & Co. as agents for shipowners
Salvage - Services rendered by tug Torfrida to steamship Sainte Adresse in difficulties outside entrance to Barry Docks - Vessel grounded in close proximity to breakwater - Possibility of damage - Uselessness of anchor - Vessel towed off - Dispute as to salved values - Estimates varying from £1795 to £7000
Negligent navigation - Sinking of plaintiffs' barge Aida moored in Canada Dock, Surrey Commercial Docks - Allegation that sinking was due to negligence of defendants' steamship Jacov Sverdlov manoeuvring in dock- Onus of proof
Sale of goods (potatoes) - Breach - Two contracts - Partial delivery under first contract - Inspection by plaintiff (English buyer) of potatoes intended for delivery under second contract - Objection to quality - Refusal by plaintiff to accept treated by defendant (German seller) as repudiation of both contracts - Claim and counterclaim-Measure of damages
Workmen's compensation - Unerplained accident - Accident to seaman arising "in the course of" his employment- Seaman, off duty, sleeping on deck- Found drowned next morning - Whether accident arose "out of" his employment-Onus of proof-Finding of learned County Court Judge: "I cannot, in my view, draw the inference from the facts in evidence before me that his employment brought him within or allowed him to be within proximity of a peril to which his death may be properly ascribed, nor what the evidence establishes that he was properly in a place to which some particular risk attaches and that an accident happened capable of explanation solely by reference to that risk"
Charter-party - Discharging expenses (London)-Shipowners to "deliver the cargo, always afloat, upon being paid freight and charges (if any) under Clause 15, as follows: £6 7s. 6d. if discharged at London only; £6 12s. 6d. if discharged at one port of discharge other than London; and £400 extra if discharged at two discharging ports" - "(15) . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof plus 15 per cent. on the amount thereof and in addition the charge for workmen's compensation insurance. If the port of discharge is included in the schedule of apportionment last agreed between the Chamber of Shipping of the United Kingdom and the Timber Trade Federation of the United Kingdom the charge for such work shall be as settled by the said schedule of apportionment plus 15 per cent. on the amount of such charges and in addition the charge for workmen's compensation insurance . . ."-Delivery beyond reach of ship's tackle-Provision in schedule of apportionment for such method of discharge-Whether extra cost included in freight and charges (if any) under Clause 15, as follows . . ."
Insurance (motor)-Third party claim by A-Plea that policy was avoided owing to misrepresentations in proposal form-Discrepancy between assure's answers in applying for a driving licence and in applying for policy- Onus of proof-Whether insurance company estopped from denying that the policy was in force, by reason of the fact that they had issued a certificate that the assured was covered against third party risks, thus entitling him to obtain a licence under the Road Traffic Act, 1930
Seamen - "Wreck or loss" - Pursuer engaged as engineer of trawler- Six-monthly agreement usual in trawling industry-Trawler damaged by collision, repairs occupying 14 days -Pursuer paid off during repairs and re-engaged on completion-Whether vessel a "loss or wreck"-Right of pursuer to wages during the repair period-Merchant shipping Act, 1894, Sect. 158 - Merchant Shipping (International Labour Conventions) Act, 1925, Sect. 1 (1)
Negligent navigation - Sinking of plaintiffs' barge moored in Halfway Reach, River Thames - Plaintiffs' allegation that sinking was due to wash caused by excessive speed of defendants' vessel down river - Finding that barge was in proper trim and properly moored- Onus of proof
Sale of goods - Claim by plaintiff for price (pieces of cloth)-Claim admitted -Counterclaim by defendants-Agreement by plaintiff to manufacture, sell and deliver 1000 pieces-Part delivered - Alleged failure to deliver balance- Whether a second contract concluded for further 1000 pieces, with variation in method of payment under both contracts -Measure of damages
Negligence-Duty of shipowners-Carriage of maize, wheat, castor and sesame seed - Sweepings in hold sold by consignees to plaintiffs - Admixture containing minute proportion of castor seed - Sub-sale by plaintiffs to owner of horses - Consequent poisoning of horses - Liability of defendant shipowners
Procedure - Summons requesting transfer to Commercial Court of action concerning "brown heart" in apples shipped from New Zealand to London - Onus of showing that case could be more satisfactorily, speedily and economically tried in Commercial Court
Contract-Company law-Plaintiff and defendant companies engaged in joint venture in exploitation of oil - Joint venture terminated and different arrangement substituted- Agreement between defendant company and plaintiff company that defendant company "will use such rights as it may possess and such influence as it can exercise to procure the Colon [in which defendants held a controlling interest] to deliver to them [plaintiffs] or as they may from time to time in writing direct during the life of the Vigas concession" a certain percentage of the crude oil produced from that concession-Construction -Meaning of "rights" and "influence" - Intention of parties - Admission, by defendants "that they could from time to time at all material times have got oil for plaintiffs by giving sufficient consideration" to the Colon
Mortgage of ship - Sale - Mortgagees' claim for insurance premiums, commission on advances and interest, and charges, disallowed by Registrar-"I agree to execute, when called upon by you, a legal first mortgage on the steamship Athenic to secure all sums that may be owing by me to you, such mortgage to contain such provisions as you may require . . . and to pay all expenses in connection with the preparation, execution, and registration of the mortgage. . . . I also agree to insure the ship through you . . . and that you are to hold the policies"
Collision between steamships Alda and Glen Head in North Sea in fog-Conflicting evidence of speed and signals- Contact between stem of Glen Head and starboard side of Alda - No damage on Glen Head as indication that she was practically at a standstill
Salvage-Services rendered by tug The Rose to steamer Trsat aground on Cardiff Grounds-Vessel towed off- Substantial risk-Structural damage -Probability that vessel would have become constructive total loss if she had remained aground for another tide -Salved values £7941-Award: £500.
Sale of yacht - Breach - Agreement by plaintiff to purchase defendant's yacht -No survey-Whether plaintiff bought yacht "as she lies"-Construction of correspondence between purties-Allegation by plaintiff that he closed only upon defendant's assurance that yacht was perfectly sound-Purchase completed -Yacht in fact affected with dry rot-Repairs and other costs incurred by plaintiff-Right of recovery against defendant
Collision between steam launch Sharebourne and tug Vanquisher in Bugsby's Reach, River Thames-Sharebourne bound up; Vanquisher bound down, having just turned Blackwall Point-Steamship L turning in river, blocking northern half of channel- Flood tide-Respective duties
Collision between steamships Elisabeth van Belgie and Atacama in North Channel, Buenos Aires-Elisabeth van Belgie outward bound; Atacama inward bound-Sheer by Atacama into water of Elisabeth van Belgie-Dispute as to distance at which sheer took place and as to speed of Elisabeth van Belgie
Collision between plaintiffs' barge Peer and other moored barges and first defendants' motor barge Ingrebourne in Upper Pool, River Thames - Ingrebourne bound up-Allegation by Ingrebourne that she was put in difficulties by the second defendants' tug W. R. Cunis (towing barges) bound down and that the collision was the inevitable result of a collision between the Ingrebourne and a barge in tow of the W. R. Cunis
Charter-party-Demurrage-Extra cost of discharge (Callao)-"Cargo to be discharged at the average rate of 450 tons per weather working day . . ."-Stevedores engaged by shipowners according to custom of port to discharge to ship's rail-Failure to discharge at charter-party rate-Subsequent agreement by stevedores to discharge more quickly on receiving double rate of pay-Whether a customary payment - Effect of Australian Sea Carriage of Goods Act, 1924, Schedule, Art. IV (3)
Insurance (fire) - Loss - Claim - Assurea also an agent of the defendant insurance company-Agent sent "receipts for the premiums due . . . The premiums collected by you should be remitted to this office . . . before Jan. 31, 1930 . . . You will at the same time be so good as to return . . . any receipts and policies the premiums on which are unpaid . . . All monies received by you on behalf of the company must be held as trust funds, and dealt with accordingly"-Assured's receipt signed by himself as agent- Failure to account-Agent notified three months later that policy had lapsed- No steps taken by agent-Whether agent still covered-Function of receipt- Effect of agent's signature
Insurance (marine)-Running down clause -Defendants' policy (covering steamship W against all risks) including running down clause - Reinsurance with plaintiff against total loss only - Total loss of W after collision with steamship M-Vessels found equally to blame-Payment by plaintiff to defendants on total loss basis-Effect of running down clause- Principle of cross-liabilities-Claim by plaintiff to recover proportion of amount deemed to have been received by defendants as due from the owners of the M
Canada - Revenue - Income Tax - Recovery under "use and occupancy" policies following destruction of respondents' plant and premises by fire -Insurance of "Net profits that would have accrued had there been no interruption of business caused by fire" - Liability to tax - Whether income within meaning of British Columbia Taxation Act, 1924
Insurance - "In and Out" policy - Agreement by plaintiff bankers to provide A with credit facilities in respect of shipments of hides, plaintiffs to accept drafts drawn by sellers, drafts to be accompanied by invoices and by letters from buyers acknowledging their indebtedness and undertaking to reimburse plaintiffs - Fraud of A and his associates in the transaction - Insolvency of A and his associates - Loss sustained by plaintiffs - Claim under policy-"Whereas the plaintiffs are desirous of effecting insurance . . . against the loss or deprivation as hereinafter mentioned" of securities - Operative part of policy covering securities "lost mislaid or accidentally destroyed and whether from within or without and whether by officers, clerks, or servants (whether authorized or unauthorized or on salary, commission, share in profits or apprenticed or otherwise) of the [plaintiffs] or by any other person or persons or by the negligence or fraudulent conduct of the said officers, clerks or servants or other person or persons" and "any other loss whatsoever through the theft, fraud, larceny, embezzlement or other dishonesty of or forgery by any such officer, clerk, servant, person or persons" - Meaning of "any other loss whatsoever" - "Other person or persons" - Ejusdem generis rule - Proximate cause of loss - Ambiguity
Collision between motor vessel Tacoma and steamship Pencarrow in San Juan Pool, River Parana - Pencarrow overtaken and passed by Tacoma after assent given by Pencarrow - Smelling of ground by Tacoma - Tacoma run into by Pencarrow - Whether due to bad look-out on, Pencarrow - Duty of Tacoma - River Plate By-laws, Arts. 18, 19
Collision between steamships Kilvey and Leopold de Wael in River Scheldt - Kilvey having just come out of dock; Leopold de wael bound down - Kilvey manoeuvring to yet her head down river - Duty of Leopold de Wael - Probability that vessels would be coming out of dock
Sale of goods (timber staves) - Rejection - Arbitration - Award - Whether timber within contract specifications - Two contracts for sale of staves of 12 in. thickness - Tender under first contract: 85.3 per cent. in; some small degree over 12 in.; 10.4 per cent. at least. 58 in.-Tender under second contract: 75.3 per cent. in some small degree over 12 in., 18.3 per cent. at least 58 in.-Finding of umpire that tender was commercially within and merchantable under the contract specifications; and that buyers were not entitled to reject -Sale of Goods Act, 1893, Sects. 13, 14, 30 (3)
Insurance company - Winding-up - Claim in respect of damage to wool by fire - Right of claimants to participate in distribution of assets - Rejection by liquidator of proof - Power of company to transact (inter alia) transit insurance business - Whether particular cover was transit insurance with an incidental fire risk - Assurance Companies Act, 1909, Sect. 28 (3)
Revenue-Income tax-Mutual insurance company-Fire policy holders, in substantial control of company, alone entitled to benefit of surplus assets - Surplus arising from non-fire business done with fire policy holders-Whether "profit or gain"-Finding, as regards non-fire business, that "in no case is any redundant part of the premiums returnable to the contributors, as contributors, either in the shape of a reduction of premiums, or in cash on cessation of the policy or on winding-up"
Salvage - Services rendered by steam drifter Ocean Swell to motor vessel Berent-Engine broken down-Vessel towed from 12 miles N.E. of Smith's Knoll Light-vessel to Yarmouth Roads (45 miles) - Berent in no immediate danger - Whether Ocean Swell agree to tow the Berent for £100-Onus of proving agreement
Salvage - Services rendered by tugs Lady Brassey, Lady Duncannon, Arcadia, Muria, Watercock, Noordzee, Oostzee, Seefalke, Hermes and Contest to steamship Hybert stranded on Goodwin Sands - Vessel refloated after five attempts - Part cargo jettisoned - Vessel towed to Dover after being aground for 65 hours-Salved values: £71,057 - Awards: Lady Brassey, £2750; Lady Duncannon, £2250; Noordzee and Oostzee, £3500; Hermes and Seefalke, £5500; Contest, £1500; Muria, £1700; Arcadia, £700; Watercock, £1100.
Revenue-Excess profits duty-Insurance policy taken out by company covering future payment of pensions to employees-Claim to deduct premium from trading profits - Discretionary payment of pensions - No privity between pensioners and insurance society - Right of company to revoke policy-Income Tax Act, 1918, Schedule D, Cases I and II, Rule 3
Insurance (marine)-Loss of textile goods -Claim by assignee of a part interest in policy-Right to sue-Defences: that goods were fraudulently overinsured; that the disparity between the real value and insured value was a material circumstance which should have been disclosed; that claimant had failed to provide even prima facie evidence of value-Onus of proof- Delay in prosecution of action-Unsatisfactory evidence
Contract - Sale of goods - Breach - Agreement by plaintiffs to sell to defendants entire production of whale oil per plaintiffs' whale oil factory ships, defendants to take delivery of oil directly on arrival of ships in Europe - Tender of oil to defendants after transhipment into plaintiffs' tankers - Rejection by defendants - Claim by plaintiffs for damages or rectification - Construction - Inference to be drawn from previous transactions between parties
Harbours - Dock dues - Right of Neath Harbour Commissioners to levy dock dues upon cargo landed at Briton Ferry Dock - Jurisdiction of harbour commissioners - Dock dues also levied by dock company - Dock constructed so as to communicate directly with the River Neath within the admitted limits of the harbour-Neath Harbour Acts, 1843, 1874 and 1924 - Briton Ferry Dock & Railway Act, 1851 - Whether statutes established a separate jurisdiction over the dock - Rate to be charged under 1924 Act - Whether motor spirit a mineral oil or a fuel oil
Collision between auxiliary schooner Sarah Colebrooke and steamship Tolworth in Lower Pool, River Thames - Sarah Colebrooke moored; Tolworth bound down - Three lighters driving up occupying northern half of water - Tug Agnes (towing four lighters) bound up, navigating to the southward of the three lighters-Tug Weno (towing two lighters) also bound up, navigating to the southward of the Agnes-Adriana emerging from London Dock-Collision between Adriana and lighter in tow of Agnes - Starboarding by Weno out of trouble - Stopping and reversing by Tolworth in endeavour to avoid tugs and lighters ahead - Collision between Weno and Tolworth - Sheer by Tolworth into Sarah Colebrooke - Claims (1) by Sarah Colebrooke against Tolworth and/or Agnes and/or Weno and/or Adriana; and (2) by Agnes against Adriana - Whether Weno was negligent in navigating in southern half of mid-channel
Sale of goods - Price - Sale of timber by plaintiffs to defendants - "The prices free on rail Riga are as stated . . . in contract between the sellers and the Central Softwood Buying Corporation . . . less £3 2s. 6d. per standard" - Subsequent reduction in price in Central Softwood Buying Corporation contract - Allegation by buyers that contract contained an implied term that price should be reduced by similar amount - Counterclaim for amount overpaid - "Goods to be delivered free from any Latvian duties and taxes up to the date of the signing hereof"
Principal and agent - Claim by ship's agents against shipowners for indemnity against liability incurred by agents on defendants' behalf - Cable laid by defendants from Fernando Noronha to Rio Janeiro - Length of cable for joining up with shore station set out in ship's manifest for delivery to X at Rio Janeiro - Communicating cable, with knowledge of plaintiffs, X and Customs authorities, transferred to lighter and laid to shore station - Shipowners subsequently fined by Customs authorities as the communicating cable had not passed through the Customs House and therefore no duty had been paid - Fine paid by ship's agents as representing shipowners - No reasonable steps taken by ship's agents to procure that the Customs were given an explanation of the circumstances - Duty of agents
Contract - Breach - Claim under agreement in settlement of disputes arising out of contracts for the sale of sleepers by defendants to plaintiffs - Plaintiffs to receive from defendants an allowance of £85,000 - "On account of the above-mentioned £85,000 [defendants] hand over to [plaintiffs] in London . . . acceptances . . . for the sum of £70,000 payable in London . . . The remaining £15,000 are to be deducted at one shilling per sleeper at the payment of the last 300,000 . . ."-Plaintiffs to give defendants deposit acceptances for £75,000 as security for payment for the goods-Acceptances to be exchanged simultaneously-"No dispute relating to the fulfilment of the contract in the year 1931 shall give the right to either side to discontinue the execution of the contract"-Failure of defendants to hand over acceptances on due date- Consequent refusal by plaintiffs to declare destinations and to take up and pay for shipping documents and goods tendered-Counterclaim by defendants for damages-Delivery of acceptances by defendants as condition precedent- Election by plaintiffs to treat contract as subsisting-Waiver
Charter-party - Loading expenses - "(17) The cargo to be brought to and taken from alongside at charterers' risk and expense. (18) The charterers shall provide stevedores to load the cargo at a cost to the vessel of 25 cents gold per English ton"-Expenses of winchmen supplied by charterers-Whether part of expense of loading of cargo by stevedores - Umpire's finding that "the trade union regulations have for many years been effective in the sense that vessels never employ members of their own crews to act as winchmen and any attempt to do so on any vessel would result in the withdrawal of all stevedore labour and would thus make it impossible to load such a vessel"
Charter-party - Discharging expenses (London) - Clause 1: Shipowners to deliver cargo of timber upon being paid freight and charges (if any) under Clause 15, as follows: £6 7s. 6d. if discharged at London only; £6 12s. 6d. if discharged at one port of discharge other than London; and £400 extra if discharged at two discharging ports. . . . "If the consignees select one of the alternatives mentioned in Clause 15, other than discharge on to the quay (which includes rough stacking thereon if and where customary and not usually done by the consignees), any additional expense . . . shall be paid by the consignees to the shipowner, in addition to the amount(s) above-mentioned . . ." - "(15) . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand, or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof . . . If the port of discharge is included in the schedule of apportionment last agreed between the Chamber of Shipping of the United Kingdom and the Timber Trade Federation of the United Kingdom the charge for such work shall be as settled by the said schedule of apportionment . . . agreed at the amount stated in Clause 16" - Clause 16 deleted - Timber rough stacked on quay - Whether Clause 1 covered freight only and whether shipowners entitled to additional charge provided in schedule of apportionment-Obscurity-Repugnancy between clauses
Banking - Negligence - Crossed bearer cheques stolen by employees of true owner - Cheques paid by employees into branch of defendant bank-Branch directed to credit employees' accounts at another branch - Duty of bank - Insufficient information sent on by receiving branch to customer's branch to enable latter branch to make inquiries as to cheques - Bills of Exchange Act, 1882, Sect. 82
Collision - Damages - Reference - Cargo damage - Motor vessel Christel Vinnen sunk in collision with steamship Canadian Transport in River Parana - Agreed blame: Christel Vinnen, 25 per cent.; Canadian Transport, 75 per cent. - Claim by owners of cargo on board Christel Vinnen against owners of Canadian Transport - Cargo discharged and taken to Buenos Aires - Another cargo purchased and shipped by plaintiffs in another chartered vessel - Original cargo eventually shipped - Loss to plaintiffs by interruption of business - Miscellaneous expenditure in handling of cargo, &c. - Unreasonable prolongation of time occupied in various transactions - Registrar's assessment of damages reduced.
Ship - Sale under order of Court - Claims against fund by (1) mortgagees; (2) Clyde Navigation Trustees - Priorities - Vessel in trustees' dock - Liability for dues - Statutory right of retention by trustees - Vessel delivered to purchasers "freed and disburdened of all bonds, mortgages, liens, rights of retention and other incumbrances affecting the same" - No attempt by trustees to detain vessel - Effect upon trustees' possessory lien - Whether lien extinguished or converted into preference upon fund
(1932) 42 Ll.L.Rep. 309
Lloyd's and the Lloyd's Crest are trademarks of the Society incorporated by the Lloyd's Act 1871
by the name of Lloyd's