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Lloyd's Law Reports RSS feed

V/O RASNOIMPORT v. GUTHRIE & CO., LTD.

Bill of lading-Warranty of authority-Bill of lading, signed by ship's agents, for more goods than actually shipped-Liability of ship's agents to bill of lading holders for value of goods not shipped-Breach of implied warranty of authority-Common-law and statutory estoppels-Bills of Lading Act, 1855, Sects. 1, 3.

[1966] 1 Lloyd's Rep. 1

BOSMA v. LARSEN

Limitation of action - Charter-party - "Charterers to indemnify the Owners against all consequences or liabilities [of] signing Bills of Lading"-Damage to cargo- Whether cause of action arose on incurring of liability by shipowners to cargo-owners or on discharging of such liability- Limitation Act, 1939.

[1966] 1 Lloyd's Rep. 22

HORSLER v. ALEXANDER BRUCE (GRAYS), LTD.

Master and servant - Fellow-employee - Safe plant and appliances - Labourer struck by falling baulk of timber - Use of case dogs - Negligence of crane-driver. Costs-Delay in bringing action-Effect. Practice - Writ - Desirability of defendant being informed of issue immediately. Trade union-Delays in bringing actions- Warning that plaintiffs might lose part of their costs.

[1966] 1 Lloyd's Rep. 30

WESTMINSTER BANK, LTD. v. ZANG

Banking - Cheques - Unindorsed cheques - Holder in due course-Holder for value- Cheques Act, 1957, Sect, 2-Whether confined to collections for payee's account.

[1966] 1 Lloyd's Rep. 49

GILLETTE INDUSTRIES, LTD. v. W. H. MARTIN, LTD.

Carriage of goods-Loss of goods in transit-Negligence of forwarding agents in engaging lorry-Whether amounting to fundamental breach of contract-Liability of forwarding agents-Institute of Shipping and Forwarding Agents Standard Trading Conditions.

[1966] 1 Lloyd's Rep. 57

THE QUEEN v. D'ALBUQUERQUE EX PARTE BRESNAHAN

National Insurance (Industrial Injuries) Acts, 1946 to 1964-Death of employee-Whether caused by accident arising out of and in course of his employment-Sect. 8 of Act of 1946.

[1966] 1 Lloyd's Rep. 69

THE "MIRAFLORES" AND THE "ABADESA"

Maritime Conventions Act, 1911 - Apportionment of fault where three vessels were involved-Sect. 1. Negligent navigation - Grounding in narrow channel while avoiding vessels in collision and burning oil on water - Liability of colliding vessels - Contributory negligence-Maritime Conventions Act, 1911, Sect. 1. Collision-Narrow channel-Duty to hold back-Starboard-side rule - Look-out - Tardy avoiding action-"Unable to manoeuvre" signal-Duty to take exceptional precautions in exceptional conditions - Rules for Navigation in Netherlands Inland Waters, Arts. 41 (2), 42 (1). Assessors-Conflicting advice.

[1966] 1 Lloyd's Rep. 97

TRITONIA SHIPPING INC. v. SOUTH NELSON FOREST PRODUCTS CORPORATION

Arbitration Act, 1950 - Appointment of arbitrator by Court-Whether there was a contractual submission to arbitration - Meaning of "Arbitration to be settled in London"-Whether Court exercised its discretion properly in appointing arbitrator-Sects. 6, 10.

[1966] 1 Lloyd's Rep. 114

THE "ABADESA"

Admiralty practice - Damages - Personal injuries and loss of life claims resulting from collision-Shipowners' right to contribution from owners of other vessel-Whether under Sect. 1 or Sect. 3 of Maritime Conventions Act, 1911.

[1966] 1 Lloyd's Rep. 118

CONN v. WESTMINSTER MOTOR INSURANCE ASSOCIATION, LTD.

Motor insurance-"Maintain in efficient condition"-Taxi-cab with worn tyres and brakes-Accident (not caused by defects)-Liability of insurers-Costs of legal representation in proceedings arising from accident-Costs-County Courts Act, 1959.

[1966] 1 Lloyd's Rep. 123

ODDY v. PHOENIX ASSURANCE COMPANY, LTD.

Houseowner's comprehensive insurance-"Storm or tempest"-Collapse of retaining wall on to assured's bungalow-Liability of insurers.

[1966] 1 Lloyd's Rep. 134

MANNIX, LTD. v. N. M. PATERSON & SONS, LTD.

Carriage by sea-Bad stowage-Loss of deck cargo (mechanical shovel) in bad weather-Whether stowage by shipper relieved shipowner from liability-Meaning of "dangers of navigation" in Art. 2433 of Civil Code of the Province of Quebec.

[1966] 1 Lloyd's Rep. 139

RICHARDS v. BROOKS WHARF & BULL WHARF, LTD.

Master and servant - Fellow-employees - Obvious danger-Overstowed cargo in barge-Injury to dock worker-Alleged duty on fellow-employees to warn him of danger-Liability of employers.

[1966] 1 Lloyd's Rep. 145

SCOTT v. PHOENIX TIMBER COMPANY, LTD.

Master and servant-Unnecessary risk-Layer of paper covering cargo in bales-Injury to deal porter - Duty on employers to inspect hold-Liability of employers.

[1966] 1 Lloyd's Rep. 157

PALMER v. REDERIJ TRIANDIA N.V.

Negligence-Means of access-Hatch bar grasped by dock worker descending ladder into hold of vessel-Fall-Liability of shipowners-Contributory negligence.

[1966] 1 Lloyd's Rep. 173

HARDWICK GAME FARM v. SUFFOLK AGRICULTURAL AND POULTRY PRODUCERS' ASSOCIATION, LTD.; WM. LILLICO & SON, LTD. (FIRST THIRD PARTY); GRIMSDALE & SONS, LTD. (SECOND THIRD PARTY); HENRY KENDALL & SONS (FIRST FOURTH PARTY); HOLLAND-COLOMBO TRADING SOCIETY, LTD. (SECOND FOURTH PARTY)

Fertilisers and Feeding Stuffs Act, 1926 - Implied warranty of suitability - Whether applicable to feeding stuffs for pheasants and partridges-Whether applicable only to specific article sold in original state - Meaning of "poultry". -C.i.f. contracts-Applicability of Act-Unascertained goods-Passing of property. Sale of goods-Fitness for purpose-Implied condition-Whether fact that buyers and sellers were members of the same Trade Association rebutted presumption that buyers relied on sellers' judgment-Sale of Goods Act, 1893, Sect. 14 (1). -Merchantable quality - Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). Contract-Implied term from course of dealing-Whether conditions printed on contract notes sent to buyers in previous dealings could be impliedly incorporated into contract although buyers had never read those conditions. -Latent defects clause - Whether apt to exclude liability for breach of implied condition as to fitness or whether restricted to quality.

[1966] 1 Lloyd's Rep. 197

C. CZARNIKOW, LTD. v. KOUFOS

Carriage by sea-Deviation-Loss of market-Liability of shipowner-Measure of damages.

[1966] 1 Lloyd's Rep. 259

SERA v. ASIATIC STEAM NAVIGATION COMPANY, LTD.

Practice - Payment into Court in excess of damages awarded - Effect on security for costs paid into Court prior to grant of legal aid to foreign litigant. Costs-Foreign plaintiff-Payment into Court by defendants in excess of damages awarded-Extension of period for plaintiff's costs. Damages-Assessment-Personal injuries.

[1966] 1 Lloyd's Rep. 275

DYCKHOFF v. VOKINS & CO., LTD.

Master and servant-Safe premises-Insecure hatch cover covered by tarpaulin-Injury to lighterman-Liability of employers.

[1966] 1 Lloyd's Rep. 284

DAVID TAYLOR & SON, LTD. v. BOWDEN TRANSPORT, LTD.

Carriage of goods-Loss of goods on hired lorry-Negligence of driver in leaving lorry unattended-Liability of lorry owners. Contract-Carriage of goods on hired lorry-Insurance-Whether lorry owners informed owners of goods that goods were not covered by insurance-Liability of lorry owners.

[1966] 1 Lloyd's Rep. 287

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.

[1966] 1 Lloyd's Rep. 309

SAMUEL MONTAGU & CO., LTD. v. SWISS AIR TRANSPORT COMPANY, LTD.

Carriage by air - Air consignment note - "Carriage . . . is subject to [Warsaw Convention] unless such carriage is not 'international carriage' as defined by the Convention" - Whether that condition complied with Art. 8 (q) and carrier entitled to limit liability for loss of bullion-Carriage by Air Act, 1932, First Schedule, Art. 8 (q)-Desirability of uniformity between U.S. law and English law.

[1966] 1 Lloyd's Rep. 323

THE "VISCOUNT"

Salvage-Lifeboat crew as salvors-Alleged contract-Condemnation in costs for excessive bail.

[1966] 1 Lloyd's Rep. 328

THE "WESTPORT" (No. 3)

Admiralty practice-Appraisement and sale-Ship's agents' fees-Whether properly included in disbursements-Administration of Justice Act, 1956, Sect. 1 (1) (p).

[1966] 1 Lloyd's Rep. 342

GINZBERG AND OTHERS v. BARROW HAEMATITE STEEL COMPANY, LTD. AND McKELLAR

Sale of goods (c.i.f.)-Passing of property-Delivery of goods against delivery order (substituted for bill of lading)-No payment made-Whether payment was condition precedent or condition concurrent-Right of sellers to recover goods from buyer and/or receiver of buyers.

[1966] 1 Lloyd's Rep. 343

PRACTICE DIRECTION

Applications under the Adoption Act, 1958. Avoidance of delay.

[1966] 1 Lloyd's Rep. 356

SAVAGE v. T. WALLIS, LTD.

Damages-Assessment-Personal injuries sustained by stevedore-Whether epileptiform attacks and mental deterioration resulting from head injury-Refusal to undergo operation.

[1966] 1 Lloyd's Rep. 357

THE "EVAINE"

Salvage-Fire on board yacht-Risk to non-professional salvors-Whether yacht's crew (in dinghy) in danger-Dispute as to value of salved vessel. Costs-Payment into Court in excess of salvage award-Effect of legal aid.

[1966] 1 Lloyd's Rep. 362

SOPROMA S.p.A. v. MARINE & ANIMAL BY-PRODUCTS CORPORATION

Sale of goods (c. & f.)-Documentary credits-Tender of documents-Bill of lading-Validity when marked "Freight collect"-Law applicable to determine efficacy-Effect of tender of non-negotiable bill of lading-Whether goods properly described-Certificates-Effect of inconsistent statements-Applicability of "de minimis" rule to tender of documents. -Whether sellers could present documents direct to buyers. Practice-Special case-Right to argue before Court point not taken at arbitration.

[1966] 1 Lloyd's Rep. 367

BROOKS v. BRITISH RAILWAYS BOARD

Negligence-Crane-driver-Lighterman crushed between jib and stanchion on quayside-Occupational hazard-Contributory negligence-Liability of crane-driver's employers.

[1966] 1 Lloyd's Rep. 392

CAMPIN v. PORT OF LONDON AUTHORITY

Negligence-Unnecessary risk-Injury to lorry driver when bale was hoisted suddenly-Liability of employers of crane-driver.

[1966] 1 Lloyd's Rep. 398

UNITED DOMINIONS TRUST, LTD. v. KIRKWOOD

Money-lenders Act, 1900-"Bonƒ fide carrying on the business of banking"-Stocking finance-Whether company making loans was acting as banker or money-lender-Sect. 6-"Communis error facit jus."

[1966] 1 Lloyd's Rep. 418

THE "EK"

Collision-Overtaking or crossing vessel-Tardy avoiding action by stand-on vessel when collision could not be avoided by action of give-way vessel alone-Collision Regulations, 1954, Rules 21, 28. Costs-Contributory negligence-No counterclaim by defendants-Effect.

[1966] 1 Lloyd's Rep. 440

THE "ERROL"

Admiralty practice - Interest on judgment debt-Ship's mortgage incorporating interest terms contained in registered charge on land - Whether that rate of interest applied after date of judgment - Land Registration Act, 1925, Sect. 28.

[1966] 1 Lloyd's Rep. 491

A. A. AMRAM, LTD. v. BREMAR COMPANY, LTD.

Arbitration - Award - Motion to set aside or remit - Alleged misconduct of arbitrators: (a) parties not present at arbitration; (b) no opportunity of presenting case; or of calling witnesses and adducing documents; and (c) no notice of meetings of arbitrators - Estoppel.

[1966] 1 Lloyd's Rep. 494

FISHER v. HARRODS, LTD.

Negligence - Reasonable care - Sale of dangerous cleaning fluid - Injury to eyes of user of fluid - Dangerous container - Duty on shopkeeper to make inquiries and to warn users.

[1966] 1 Lloyd's Rep. 500

SUISSE ATLANTIQUE SOCIETE D'ARMEMENT MARITIME S.A. v. N.V. ROTTERDAMSCHE KOLEN CENTRALE

Charter-party-Consecutive voyages-Detention-Alleged fundamental breach-Delays by charterers in loading and discharging cargoes preventing vessel performing more voyages in charter time-Whether shipowners entitled to damages (less demurrage payments) for loss of further freights-Effect of deliberate breach by charterers-Whether payments of demurrage by charterers precluded shipowners from recovering further damages-Whether demurrage clause was an exceptions or limiting clause which was not applicable because of fundamental breach-Consideration of fundamental breach and breach of fundamental term.

[1966] 1 Lloyd's Rep. 529

COMPANIA NAVIERA TERMAR S.A. v. TRADAX EXPORT S.A.

Charter-party-Demurrage-"Time used in shifting from . . . anchorage to . . . berth in Hull not to count as laytime"-Whether delay (due to insufficiency of depth of water) for charterers' or shipowners' account-Baltimore Berth Grain Charter Party.

[1966] 1 Lloyd's Rep. 566

THE "ALLETTA" AND THE "ENGLAND"

Collision-River-Vessel crossing river-Duty to hold back-Signals-Duty to take drastic action to avoid collision-Duty to have person on board with knowledge of river and by-laws-Port of London River By-laws, 1938 and 1958, By-laws 26, 35, 42, 45.

[1966] 1 Lloyd's Rep. 573

JONES v. FREIGHT CONVEYORS, LTD.

Master and servant-Occupational hazard-Injury to quay porter unloading timber from bogie-Liability of employers.

[1966] 1 Lloyd's Rep. 593

C. CZARNIKOW, LTD. v. KOUFOS

Carriage by sea-Deviation-Loss of market-Liability of shipowner-Measure of damages.

[1966] 1 Lloyd's Rep. 595

PLAISTOW TRANSPORT, LTD. v. GRAHAM

Insurance-Goods in transit-Loss of goods on lorry-Whether lorry left unattended-Whether sleeping driver was effective attendance.

[1966] 1 Lloyd's Rep. 639

TAPLIN v. T. F. MALTBY, LTD.

Damages-Assessment-Personal injuries claim by stevedore-Accelerated degeneration-Whether stevedore failed to take steps to obtain employment as permanent tally clerk.

[1966] 1 Lloyd's Rep. 650

MILLER STEAMSHIP COMPANY, PTY., LTD. v. OVERSEAS TANKSHIP (U.K.), LTD. R. W. MILLER & CO., PTY., LTD. v. SAME (THE "WAGON MOUND" (No. 2))

Negligence-Foreseeability of damage-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. "Rylands v. Fletcher"-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. Nuisance-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Whether public nuisance causing particular and direct injury to owners of ships-Whether foreseeability an essential element of nuisance-Liability of demise charterer of vessel.

[1966] 1 Lloyd's Rep. 657

COURT LINE, LTD. v. FINELVET, A.G. (THE "JEVINGTON COURT")

Charter-party-Detention and/or expenses due to ". . . trading . . . to rivers or ports with bars . . . to be for charterers' account"-Construction of clause-Meaning of "bar"-Whether River Plate was a "river", and Martin Garcia Bar was a "bar".

[1966] 1 Lloyd's Rep. 683

THE "CALYX"

Admiralty practice-Contempt of Court-Arrested vessel moved-Warrant of attachment or fine against master.

[1966] 1 Lloyd's Rep. 701