Negligence - Foreseeable damage - Direct consequence-Escape of furnace oil from ship in harbour-Fire-Damage to wharf -Liability of demise charterers of ship- Allegation that fire was not foreseeable- Remoteness of damage-Foreseeability of damage consequent on escape of oil.
Master and servant-Safe plant and appliances -Defective angle-iron supporting hatch-boards -Barge master's fatal fall while replacing hatch-boards - Dispute as to cause of fall-Liability of employers- Appeal-Evidence of witness, rejected by trial Judge, accepted by Court of Appeal.
Master and servant-System of working- Fellow-employee - Docking of trawler - Mate injured by mooring rope-Alleged lack of supervision and insufficiency of crew-Alleged negligence of skipper and crew - Liability of shipowners - Contributory negligence.
Shipbuilding Regulations, 1931 - Means of access-Lighting-Watchman, on ship in shipbuilding yard, injured in fall at night - Liability of ship-repairers - Whether watchman a person employed within Regulations-Regulations 1, 10, 42.
Sale of goods (c. & f.)-Merchantable quality- Fitness - Arrival of potatoes in unmerchantable condition - Alleged implied term that goods should arrive sound after normal voyage-Sale of Goods Act, 1893, Sect. 14 (1), (2).
Carriage by sea - Unseaworthiness - Due diligence-Independent contractor-Seawater damage to cargo in hold of vessel- Claim by cargo-owners-Liability of shipowners for unseaworthiness resulting from negligence of ship-repairers' employee - Meaning of "exercise due diligence to make the ship seaworthy"- Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 1, Art. IV, r. 1.
Negligence-Safe premises-Defective ship's staircase-Ship-repairers' employee struck by step which broke away and fell from staircase - Liability of shipowners - Occupiers' Liability Act, 1957. Master and servant-Fellow-employee-System of working - Ship-repairers' employee struck by step which broke away and fell from ship's staircase - Allegation that ship-repairers' employees negligently fastened lifting gear to staircase - Liability of ship-repairers.
Sale of goods-Quality-Timber delivered sap-stained - Whether anti-stain treatment carried out with reasonable care - Liability of sellers-Pacific Coast Contract (c.i.f.) Form. Arbitration-Costs-Award stated in form of special case at request of sellers-Award, in favour of sellers. requiring sellers to pay two-thirds of costs - Whether arbitrators' discretion as to costs exercised judicially.
Contractors all risk insurance-Extension of policy period - Whether policy self-extending or new contract required- Alleged implied term enabling policy to be extended-Inconsistency with express terms of policy.
Charter-party - Demurrage - Strike after expiration of lay days-Effect of Centrocon Strike Clause - Meaning of "time for loading or discharging"-Bill of lading incorporating charter-party terms - Liability of receivers of cargo for demurrage during strike period.
Arbitration - Arbitrators - Jurisdiction - Invoicing back-Motion to set aside or remit award in which arbitrators determined invoicing-back price and damages -Alleged excess of jurisdiction by arbitrators - General Produce Brokers' Association of London Conditions, Condition 33(a). Arbitration-Award-Error of law on face of award-Motion to set aside-Limitation on Court as to reading extraneous documents. Sale of goods-Invoicing back-Value "at destination named in contract"-Destination named after contract concluded- Effect-General Produce Brokers' Association of London Conditions, Condition 33(a).
Factories Act, 1937-Means of access-Shipyard -Barge lying on river bed-Labourer injured in fall from plank between wharf and barge - Whether accident within precincts of yard-Absence of guard-rail on plank-Liability of employers (owners of shipyard) - Factories Act, 1937, Sects. 26 (1), 151.
Motor insurance-"Whilst under the influence of . . . intoxicating liquor"-Death of assured while travelling in motor car not belonging to him-Whether assured under influence of intoxicating liquor-Meaning of "whilst".
Charter-party - Unseaworthiness - Crew - Frustration-Repudiation of time charter by charterers-Alleged failure to deliver and maintain seaworthy vessel-Allegation that vessel was incapable of charter speed -Whether unseaworthiness gave charterers right to rescind-Whether frustration depended on time taken to make vessel seaworthy amounting to a "frustrating time" or exceeding a reasonable time.
Limitation of liability-Improper management of ship - Actual fault or privity - Jetty destroyed by fire owing to negligence of crew of vessel - Alleged inadequate instructions to extinguish galley fires while vessel lying at oil jetties-Whether shipowners entitled to limit their liability.
Negligence-Unnecessary risk-Occupational hazard - Fellow-employee - System of working - Unloading crates of veneer from hold of vessel-Injury to stevedore -Alleged bad stowage-Liability of shipowners -Use of dockers' hooks on bands round crates - Alleged negligence of fellow-employee - Vicarious liability of shipowners.
Arbitration-Award-Motion to set aside or remit - Misconduct of arbitrator or proceedings - Some documents before arbitrators in foreign language which one arbitrator could not understand-Whether amounting to misconduct in proceedings -Likelihood of substantial miscarriage of justice justifying interference by Court- Bradford Chamber of Commerce Arbitration Rules, Rule 4 (n). Arbitration - Rules - Arbitrator prohibited from giving evidence in proceedings arising out of arbitration-Public policy.
Charter-party-"Argentine Maritime Pensions Tax to be for charterers' account"-Tax demanded paid by shipowners-Claim to recover from charterers - Denial by charterers that shipowners were legally liable for entire sum paid-Whether entire sum paid recoverable from charterers.
Negligence-Loss in transit-Van containing goods stolen-Negligence of van driver- Van on hire to forwarding agents- Liability of forwarding agents to owners of goods-Effect of clause in contract, exempting liability for negligence, on action in negligence - Liability of van owners to owners of goods-Whether van driver in employment of forwarding agents or van owners-Claims by forwarding agents and van owners to be indemnified by the other - Principles applicable to construction of exemption clauses.
Negligence-Reversing lorry on quay-Ladder extending over quay from ship-Injury to electric truck driver when he struck ladder while avoiding lorry-Liability of lorry owners-Liability of shipowners- Lorry owners joined as second defendants, nearly three years after accident-Special order as to costs.
Master and servant - Unnecessary risk - Obvious danger - Fellow-employees - Injury to stevedore when wooden case he was lifting disintegrated - Duty of employers and/or fellow-employees to give warning-Alleged contributory negligence.
London Corn Trade Association, Ltd., Contract (Form No. 14)-"Vessel to discharge according to the custom of the Port"- Right of buyers to be indemnified by sellers against buyers' liability to shipowners for time spent (outside port) in waiting for berth.
Limitation of liability-Collision-Tankers not rendered gas-free-Whether owners and operators precluded from limiting their liability. Limitation of liability - Collision - Undermanning of vessel - Whether owners precluded from limiting their liability. Collision-Starboard-hand rule. Collision-Tardy avoiding action-Failure to give warning signal.
Sale of goods (c.i.f.) - Non-performance - Alleged frustration due to closing of Suez Canal-Whether shipment prevented by force majeure-Meaning of "shipment"- Effect of finding of fact by I.O.S.A. Board of Appeal that performance via Cape of Good Hope "was not commercially or fundamentally different" from performance via Suez Canal-Incorporated Oil Seed Association Contract No. 38.
Sale of goods (c. & f.)-Insurance-Country damage to cotton - Modified c.i.f. form used in c. & f. contract-"In the event of cotton arriving . . . country-damaged . . . the Seller shall repay to the Buyer any loss not covered by insurance" - Meaning - Alleged duty on sellers to insure goods up to shipment - Whether buyers' policy covered goods prior to shipment-Meaning of "at and from"; "lost or not lost" - Liverpool Cotton Association, Ltd., Contract Form 14 (modified).
Limitation of liability-Wreck-raising expenses -Whether those expenses within meaning of Merchant Shipping Act, 1894, Sect. 503 and/or Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 1 -Decision by Court of Session in The "Urka" considered.
Seamen - Whaling expedition - Contract of service-Mistake-Rectification-Whether seaman entitled to pay for guaranteed minimum period - Whether seaman accompanied expedition from departure to arrival back-Appeal-Standard of proof required in rectification case.
Marine insurance - Subrogation - Total loss paid by insurer under a valued policy- Greater sum recovered by assured from third-party-Right of insurer to recover excess from assured-Marine Insurance Act, 1906, Sect. 79 (1).
All risks insurance - Goods in transit - Alleged loss-Whether goods were lost in transit and particular transit was covered - Cessation of risk - Construction of policy wording which followed slip - "Contra proferentes" principle.
Revenue - Income tax - Discontinuance of trade-Succession to trade and assets (two vessels) of wholly-owned subsidiary company by parent company - Sale of vessels by parent company and replacement vessels purchased-Whether on the sale of vessels formerly owned by subsidiary there was a permanent discontinuance of subsidiary's trade - Finance Act, 1954, Sect. 17.
Master and servant - Fellow-employees - Unloading of vessel alongside quay - Stacker-truck struck by set, injuring driver-Duty on crane-driver and shore gang to users of quay - Contributory negligence.
Docks Regulations, 1934 - Hatch covers - Lighting - Means of access - Ship's engineer's fatal fall into open hold of vessel in dock-Applicability of Regulations -Regulations 9, 12, 37, 45. Master and servant - Safe premises - Ship's engineer's fatal fall into open hold of vessel in dock-Liability of shipowners.
Carriage by sea-Management of vessel- Water damage to cargo after collision- Alleged failure by master properly to care for cargo - Intervention by shipowner's marine superintendent - Whether shipowner had thereby taken over control of vessel from master and was personally responsible-Canadian Water Carriage of Goods Act, 1936, Art. III, r. 2, Art. IV, r. 2 (a), (c).
Negligence - Principal and agent - Vicarious liability-Licensed porter injured by shipowners' truck driven by fellow-porter- Whether fellow-porter was servant or agent of shipowners. Master and servant - Fellow-employee - Licensed porter injured by shipowners' truck driven by fellow-porter - Whether porter was servant or agent of shipowners -Liability of shipowners. Costs - Taxation of costs on appeal from Liverpool Court of Passage.
Motor Insurers' Bureau-Passenger killed- Driver liable-Passenger not covered by insurance-Liability of M.I.B.-Whether passenger carried for hire or reward and was required to be covered-Admissibility of evidence.
Personal accident insurance-Policy moneys- Winding up of company after death of employees - Whether company holding policy moneys in trust for estates of employees-Whether company deemed to have received whole of moneys after set off by brokers.
Pilotage-Navigation of small passenger boats in pilotage district - Whether vessels required to request or accept service of pilot - Licensed watermen's right to operate boats without pilot-Meaning of "making use of any port in the district" -Pilotage Act, 1913 - Port of London (Consolidation) Act, 1920-Watermen's and Lightermen's Amendment Act, 1859.
 1 Lloyd's Rep. 608
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