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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 1964 Archive by Volume
Reports for Volume 1, 1964
KELLY v. CORNHILL INSURANCE COMPANY, LTD.
Motor insurance-Death of insured-Whether permission to drive given by insured continued after his death.
[1964] 1 Lloyd's Rep. 1
McCUTCHEON v. DAVID MACBRAYNE, LTD.
Carriage by sea-Conditions of carriage-Total loss of motor car carried on vessel - Liability of carriers-Whether contract of carriage was subject to carriers' conditions of carriage.
[1964] 1 Lloyd's Rep. 16
ROOKES v. BARNARD AND OTHERS
Intimidation-Threat by union members to break contracts of service unless non-union employee dismissed - Whether a tort - Whether union officials protected from liability by Trade Disputes Act, 1906. Trade Disputes Act, 1906 - Threat to break contracts of service (by strike action) by union members unless non-union employee dismissed - Whether union officials protected from liability in tort to nonunion employee by Sect. 1 or Sect. 3. Damages-Consideration of principles affecting exemplary and aggravated damages.
[1964] 1 Lloyd's Rep. 28
FAIRFIELD SHIPBUILDING AND ENGINEERING COMPANY, LTD. v. HALL
Factories Acts - Slippery floor-Injury to welder when he slipped on piece of rod on boiler-shop passage way - Duty on employers to keep passage way free - Whether absence of instructions contributed to accident-Factories Act, 1961, Sect. 28 (1).
[1964] 1 Lloyd's Rep. 73
EASTERN COUNTIES FARMERS, LTD. v. J. & J. CUNNINGHAM, LTD.; GRIMSDALE & SONS, LTD. (THIRD PARTY); HOLLAND COLOMBO TRADING SOCIETY, LTD. (FOURTH PARTY)
Practice-Pleadings-Leave to amend.
[1964] 1 Lloyd's Rep. 81
ALEXANDER AND ALEXANDER v. CITY LINE, LTD.
Carriage by sea-Passengers' baggage-Loss- Liability of shipowners-Effect of conditions printed on ticket.
[1964] 1 Lloyd's Rep. 84
BRAITHWAITE v. EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD.; JAMES D. DAY, LTD. (THIRD PARTIES)
Burglary insurance - Loss of jewellery - Replacement of brooch by insurers - Whether assured entitled to reject replica -Liability of manufacturers of replica to insurers in third-party proceedings. Costs-Third-party proceedings.
[1964] 1 Lloyd's Rep. 94
HICKS v. BRITISH WATERWAYS BOARD
Master and servant-Unnecessary risk-Injury to dock worker's hand nipped between crane hook and chain round set-Alleged inadequate gang-Alleged negligent slinging-Liability of employers.
[1964] 1 Lloyd's Rep. 103
ALI v. WILLIAM CORY & SON, LTD.
Master and servant - Safe plant - Injury to ship's fireman allegedly due to defective forced-draught mechanism.
[1964] 1 Lloyd's Rep. 107
TRANS EUROPEAN AVIATION, LTD. v. BAHR BEHREND & CO., LTD.
Practice - Order 14 proceedings - Appeal against leave to sign judgment-Whether debtor precluded from pleading set-off as defence.
[1964] 1 Lloyd's Rep. 113
THE "VECHTSTROOM"
Collision - River - Fog - Radar station - Ferry boat - Precipitate starboard-wheel action-Excessive speed-Whether failure to wait for radar station information amounted to negligence.
[1964] 1 Lloyd's Rep. 118
F. C. BRADLEY & SONS, LTD. v. COLONIAL & CONTINENTAL TRADING, LTD.
Sale of goods - Delivery - Sale of potatoes "immediate delivery" ex quay - No contract potatoes collected within 3 days- Whether potatoes available for delivery- Whether buyers entitled to repudiate contract.
[1964] 1 Lloyd's Rep. 126
J. T. STRATFORD & SON, LTD. v. LINDLEY, WATSON AND STADEN
Injunction-Interim injunction-Instruction by union that no member should man, service or tow barges owned by plaintiffs-Action by plaintiffs for damages for intimidation and conspiracy-Whether interim injunction available against union officials. Intimidation - Interference with contractual relations-Proof required. Conspiracy - Justification - Whether instructions issued by union against plaintiffs (who employed no members of union) justifiable. Trade Disputes Act, 1906-Trade dispute- Instruction issued by union that no member should man, service or tow barges owned by company at time when no dispute was in existence between company (or its subsidiary) and union - Whether union officials protected by Sect. 3.
[1964] 1 Lloyd's Rep. 138
PETER DARLINGTON PARTNERS, LTD. v. GOSHO COMPANY, LTD.
Sale of goods-"Consensus ad idem"-Meaning of "pure basis" in seed contract.
[1964] 1 Lloyd's Rep. 149
ALLFORD v. UNION COLD STORAGE COMPANY, LTD.
Occupiers' Liability Act, 1957 - Duty to take care appropriate to visitor's calling - Injury to lighterman walking along wooden coping of tide wall-Extent of occupiers' duty-Liability of occupiers-Sect. 2 (2), (3).
[1964] 1 Lloyd's Rep. 157
C. E. B. DRAPER & SON, LTD. v. EDWARD TURNER & SON, LTD.; H. G. GAMWELL, JNR., LTD. (THIRD PARTY); G. C. DOBELL & CO., LTD. (FOURTH PARTY); STEEL BROTHERS & CO., LTD. (FIFTH PARTY); Y. A. GANNY & SONS (SIXTH PARTY)
Fertilisers and Feeding Stuffs Act, 1926 - Statutory warranty as to fitness for purpose-Whether contractual standard of proof limited warranty contrary to statute - Whether Act only applicable to "domestic" contracts - L.C.F.T.A. Form No. 6-Castor Seed Clause-Sect. 2 (2) of 1926 Act. London Cattle Food Trade Association Contract Form No. 6 - Castor Seed Clause - Whether analysis under Castor Seed Clause sufficient proof that warranty under Fertilisers and Feeding Stuffs Act, 1926, Sect. 2 (2) had not been breached. Sale of goods-Quality-Fitness for purpose- Cattle food containing toxic matter in breach of warranty under Fertilisers and Feeding Stuffs Act, 1926, Sect. 2 (2) - Allegation that analysis under L.C.F.T.A. Castor Seed Clause was sufficient to prove that warranty had not been breached - Whether Castor Seed Clause limited or varied statutory warranty.
[1964] 1 Lloyd's Rep. 165
MARGARONIS NAVIGATION AGENCY, LTD. v. HENRY W. PEABODY & CO., OF LONDON, LTD.
Charter-party - Laytime - Loading deliberately delayed by charterers but completed within laytime-Liability of charterers for detention. -Loading - "Full and complete cargo" - Right of charterers to load full cargo - Effect of master's declaration of quantity of cargo required - Whether loading of 12,588 tons 4 cwt. out of 12,600 tons constituted loading a "full and complete cargo" requiring charterers to enable vessel to sail before laytime expired -Applicability of "de minimis" rule. "De minimis" rule-Applicability to quantity of cargo loaded and so abrogating charterers' right to load full cargo.
[1964] 1 Lloyd's Rep. 173
LETANG v. COOPER
Limitation of action-Trespass to the person- Whether within Law Reform (Limitation of Actions, &c.) Act, 1954, Sect. 2.
[1964] 1 Lloyd's Rep. 188
RENDLESHAM v. DUNNE; PENNINE INSURANCE COMPANY, LTD. (THIRD PARTY)
Motor insurance-Learner driver-Whether a provisional licence a licence to drive, within policy terms-Whether driving of car by learner driver unaccompanied by full licence holder constituted a failure to safeguard insured vehicle from loss and damage.
[1964] 1 Lloyd's Rep. 192
DOMINION BRIDGE COMPANY, LTD. v. TORONTO GENERAL INSURANCE COMPANY
Contractor's public liability insurance - Contractor's property damage endorsement covering liability imposed by law-Exclusion of liability assumed under contract and injury to property used by contractor - Whether liability in tort covered although concurrent liability in contract existed-Meaning of "used".
[1964] 1 Lloyd's Rep. 194
THE "PARITA"
Admiralty practice - Appraisement and sale - Classification of vessel before sale thereby increasing fund.
[1964] 1 Lloyd's Rep. 199
AKTIEBOLAGET LEGIS v. V. BERG & SONS, LTD.
Arbitration - Award - Motion to set aside in that it was bad in law because umpire's decision was not justifiable; in that award was ambiguous; and in that umpire misconducted himself in that he made final award when asked to rule on jurisdiction and there was a misunderstanding between parties and umpire as to issue for decision - Whether contract and umpire's letter containing reasons for award incorporated into award.
[1964] 1 Lloyd's Rep. 203
DANEAU v. LAURENT GENDRON, LTEE.; UNION INSURANCE SOCIETY OF CANTON, LTD. (THIRD PARTY)
Marine insurance-Total loss-Seaworthiness- Laying up - Repairs - Allegation that vessel was not seaworthy; that she was improperly laid up; and that loss was due to faulty repairs after policy expired - Waiver.
[1964] 1 Lloyd's Rep. 220
CITY GENERAL INSURANCE COMPANY, LTD. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY*
Excess travellers insurance - Loan receipts - Whether excess insurers precluded from participating in recovery from third party -Effect of recovery on ultimate net loss.
[1964] 1 Lloyd's Rep. 225
GARDINER v. ADMIRALTY COMMISSIONERS
Factories Act, 1937 - Safe means of access - Ship under repair in dry dock - Obstacle on deck - Injury to shipwright - Applicability of Factories Act, 1937, Sect. 26 (1).
[1964] 1 Lloyd's Rep. 231
J. T. STRATFORD & SON, LTD. v. LINDLEY, WATSON AND STADEN
Trade Disputes Act, 1906 - Trade dispute - Extent of protection afforded by Sects. 1 and 3. Intimidation - Interference with contractual relations-Effect on common law of Trade Disputes Act, 1906.
[1964] 1 Lloyd's Rep. 237
EVANS v. LEWIS
Road Traffic Act, 1960-Third-party insurance -Car hired and driven by person of class excluded by policy - Whether covered by insurance - Applicability of Sect. 207 - Effect of proposal form - Whether there was a separate contract between driver and insurers.
[1964] 1 Lloyd's Rep. 258
AXFORD v. RAUMANMERI O/Y AND H. LANGE BELL & CO., LTD.
Damages-Assessment-Personal injuries claim by stevedore (also a professional boxer).
[1964] 1 Lloyd's Rep. 264
SETH v. BRITISH OVERSEAS AIRWAYS CORPORATION
Carriage by air-Limitation of liability-Loss of baggage-Baggage check provisions. United States-Practice-Jurisdiction- Action arising under a treaty of United States (Warsaw Convention, 1929) concerning matter of 10,000 dols.-Whether valuation was colourable in order to confer jurisdiction.
[1964] 1 Lloyd's Rep. 268
VICKERS v. BRITISH TRANSPORT DOCKS BOARD AND DORMAN LONG (STEEL), LTD.
Negligence - Unnecessary risk - Occupational hazard-Injury to slinger while moving painted steel rails - Whether due to paint -Liability of employers and/or consignors.
[1964] 1 Lloyd's Rep. 275
BAXTER, HOARE & CO., LTD. v. McGREGOR
Road Traffic Act, 1960 - "C" licence- Carriage of goods for hire or reward- Whether clearance of goods through Customs amounted to subjecting goods to a process in course of carriers' business or trade.
[1964] 1 Lloyd's Rep. 290
SHACKLETON AVIATION, LTD. v. MAITLAND DREWERY AVIATION, LTD.
Brokers - Commission - Sale of aircraft to charterers by owners during charter arranged by brokers-Whether brokers entitled to commission from owners - Whether owners wrongfully terminated charter thereby depriving brokers of commission.
[1964] 1 Lloyd's Rep. 293
LEE COOPER, LTD. v. C. H. JEAKINS & SONS, LTD.
Negligence-Carriage of goods by road to order of owners' contractors-Goods stolen- Liability of carriers to owners in contract or in tort-Whether carriers protected by conditions of carriage in contract with contractors and/or in contract between contractors and owners-Whether carriers in fundamental breach of contract - Whether carriers under duty to owners to take care of goods.
[1964] 1 Lloyd's Rep. 300
THE "ARKELDYK"
Negligence-Dock-Barge struck by propeller turning during warming up of ship's engines - Barge sunk - Liability of shipowners - Avonmouth and Royal Edward Docks General By-laws, 1956, By-law 13 - Meaning of working "the propelling engines".
[1964] 1 Lloyd's Rep. 313
THE "NYLAND"
Costs-Amendment of pleadings during trial- Plaintiffs awarded "costs of and occasioned by the amendment"-Application to review Admiralty Registrar's taxation-Meaning of "occasioned by".
[1964] 1 Lloyd's Rep. 319
THE "LUCILE BLOOMFIELD"
Admiralty practice-Writ "in rem"-Motion to set aside-"Lis alibi pendens".
[1964] 1 Lloyd's Rep. 324
SFEIR & CO. v. NATIONAL INSURANCE COMPANY OF NEW ZEALAND, LTD.; ASCHKAR & CO. v. SAME; ASCHKAR BROTHERS v. SAME.
Administration of Justice Act, 1920- Registration of judgment of Commonwealth Court - Whether insurers submitted through their claims settling agents to jurisdiction of Court within Sect. 9 (2).
[1964] 1 Lloyd's Rep. 330
DAVIES v. PORT OF LONDON AUTHORITY
Occupiers' Liability Act, 1957-Duty of care - Special risks incident to calling - Seaman's fall from pier through gap in chains safeguarding edge-Liability of occupiers of pier-Sect. 2 (2), (3) (b).
[1964] 1 Lloyd's Rep. 342
EMPEROR GOLDMINING COMPANY, LTD. v. SWITZERLAND GENERAL INSURANCE COMPANY, LTD.
Marine insurance-Particular charges-Whether payable under all risks policy without sue and labour clause.
[1964] 1 Lloyd's Rep. 348
THE "FEHMARN"
Bill of Lading-Contamination of cargo of turpentine "shipped in apparent good order and condition"-Whether cargo contaminated before shipment-Liability of shipowners.
[1964] 1 Lloyd's Rep. 355
THE "HENDRIK"
Collision - Fog - Excessive speed - Signals - Trawler fishing in fog - Alleged negligence in fishing, in fog, across shipping lanes; and in failing to prevent trawler sinking.
[1964] 1 Lloyd's Rep. 371
THE "LEOBORG" (No. 2)
Admiralty practice - Priorities - Voluntary payment off of privileged creditor - Equitable right of payer to same privilege -Unpaid wages while serving in sister ship-Costs of opposed motion.
[1964] 1 Lloyd's Rep. 380
THE "KINGSTON DIAMOND" (LIMITATION)
Admiralty practice-Limitation of liability- Withdrawal of defence in limitation action -Procedure for applying for judgment- Liability of defendants for costs-R.S.C., Order 19, r. 7.
[1964] 1 Lloyd's Rep. 384
BUNTEN & LANCASTER (PRODUCE), LTD. v. KIRIL MISCHEFF, LTD.
Arbitration-Award-Motion to set aside or remit-Dispute as to quality-Jurisdiction of umpire to make award in respect of 1512 tons of goods when contract required only 12 tons-Alleged misconduct of umpire in receiving assistance in preparation of award from one party's solicitor.
[1964] 1 Lloyd's Rep. 386
BURGESS v. BROWNLOW
Insurance-Loss of licence-Airline pilot's loss of licence owing to duodenal ulcer- Whether due to illness during policy period.
[1964] 1 Lloyd's Rep. 393
HARDY v. MOTOR INSURERS' BUREAU
Motor insurance - Third-party liability - Criminal act by driver injuring person- Right of person to claim against driver's insurers (if any) - Liability of Motor Insurers' Bureau. Motor Insurers' Bureau - Criminal act by uninsured driver injuring person-Liability of M.I.B. to injured person.
[1964] 1 Lloyd's Rep. 397
STEWART v. WEST AFRICAN TERMINALS, LTD., AND J. RUSSELL & CO.
Negligence - Duty of care - Injury to boilermaker while lifting slack wire obstructing passageway on deck of vessel -Liability of stevedores and/or employers.
[1964] 1 Lloyd's Rep. 409
A. TOMLINSON (HAULIERS), LTD. v. HEPBURN
Insurance - Goods in transit - Insurance effected by road carriers-Goods stolen -Whether goods off risk - Whether insurance on carriers' legal liability or on goods-Bailors' interest in policy.
[1964] 1 Lloyd's Rep. 416
BRITISH RAILWAYS BOARD v. DOVER HARBOUR BOARD AND TOWNSEND BROS. FERRIES, LTD.
Dover Harbour Consolidation Act, 1954 - Preference in use of harbour given to railway Commission "if and so long as the commission become and remain liable on any guarantee of interest on any debenture stock issued by [Harbour] Board" - Dispute as to when preference was operable-Construction of relevant Acts.
[1964] 1 Lloyd's Rep. 428
SINCLAIR v. MANCHESTER SHIP CANAL COMPANY, LTD.
Damages - Assessment - Personal injuries claim - Loss of sense of taste - Appeal against "quantum".
[1964] 1 Lloyd's Rep. 443
U.G.S. FINANCE, LTD. v. NATIONAL MORTGAGE BANK OF GREECE AND NATIONAL BANK OF GREECE, S.A.
Contract-Bonds-Interest on overdue coupons -Limitation of action-Condition as to payment - Whether applicable - Alleged fundamental breach precluding reliance on condition-Alleged waiver of condition by evincing intent not to pay.
[1964] 1 Lloyd's Rep. 446
V.S.H., LTD. v. B.K.S. AIR TRANSPORT, LTD., AND STEVENS
Contract - Memorandum - Guarantee of payments under contracts for hire of aircraft - Whether contracts signed as "agent" or "guarantor" - Statute of Frauds, 1677, Sect. 4.
[1964] 1 Lloyd's Rep. 460
WEBB AND HUGHES (TRADING TOGETHER AS WRIGHT & WEBB) v. BRACEY
Solicitors indemnity insurance-"Non-renewal by Underwriters"-Meaning-Effect of 15 days' grace after expiry for renewal.
[1964] 1 Lloyd's Rep. 465
THE "KEARSARGE"
Collision - Radar - Fog - Speed - Look-out-Applicability of crossing rules or fog rules - Duty to stop engines - Collision Regulations, Rules 16, 28 (a).
[1964] 1 Lloyd's Rep. 469
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