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Lloyd's Law Reports RSS feed

THE "FAIRPORT" (NO. 2)

Admiralty practice-Wages claims-Whether wages after issue of writ in rein were recoverable by action (and not as part of costs).

[1966] 2 Lloyd's Rep. 7

GIBSON v. SKIBS A/S MARINA & ORKLA GRUBE A/B AND SMITH COGGINS, LTD.

Negligence-Safe plant and appliances- Defective shackle (part of ship's gear)- Injury to stevedore-Shackle examined by independent contractors and inspected by ship's officer-Extent of shipowners' common-law duty-Whether duty on stevedore's employers to examine shackle-Occupiers' Liability Act, 1957, Sect. 2 (4) (b). Docks Regulations, 1934-Ship's gear-Defective shackle-Injury to stevedore-Regulation 19 (c)-Meaning of "inspected"; "competent person"-Liability of shipowners.

[1966] 2 Lloyd's Rep. 39

COWEY v. LIBERIAN OPERATIONS, LTD.

Master and servant-Contract of employment -Wrongful dismissal-Insufficient notice- Alleged variation of terms of contract- Alleged estoppel by conduct.

[1966] 2 Lloyd's Rep. 45

PRACTICE DIRECTION

Avoidance of delay in the hearing of contested infants cases.

[1966] 2 Lloyd's Rep. 51

ALBACORA S.R.L. v. WESTCOTT & LAURANCE LINE, LTD.

Carriage by sea-". . . properly and carefully . . . carry"-Inherent vice-Latent defect in cargo - Negligence - Onus of proof - Inevitable damage to cargo of fish by "reddening"-Liability of shipowners- Carriage of Goods by Sea Act, 1924, Schedule, Art. III, r. 2, Art. IV, r. 2 (m), (p)-Meaning of "properly"-Damages- Proof of damage. Practice-Departure from pleaded case- Timeous objection necessary by other party.

[1966] 2 Lloyd's Rep. 53

GOLDMAN v. HARGRAVE AND OTHERS

Negligence-Fire-Tree struck by lightning- Damage to neighbours' property-Duty on tree owner to extinguish fire-Liability of tree owner-Fires Prevention (Metropolis) Act, 1774, Sect. 86.

[1966] 2 Lloyd's Rep. 65

GLOBAL DRESS COMPANY, LTD. v. W. H. BOASE & CO., LTD.

Bailment-Loss of goods in custody of master porters-Negligence of watchman-Duty to take reasonable care-Onus of proof- Liability of master porters. Negligence-Loss of goods in custody of master potters-Negligence of watchman- Vicarious liability of master porters.

[1966] 2 Lloyd's Rep. 72

THE "SANTANDER"

Collision-River-Vessel crossing river from anchorage-Excessive speed of approaching vessel-Look-out-Whether vessel crossing at improper time-Alleged practice for vessels to pass to westward of vessels manoeuvring to enter Brunswick Dock- Collision Regulations, 1954, Rule 25 (starboard side rule).

[1966] 2 Lloyd's Rep. 77

A. & W. HEMPHILL, LTD. v. WILLIAMS

Master and servant-Negligence of servant- Scope of employment-Vicarious liability of employers of lorry driver who deviated from route-Injury to passenger in lorry- Liability of employers. Negligence-Scope of employment-Vicarious liability of employers of lorry driver- Injury to passenger after lorry had deviated -Negligence of driver-Liability of employers.

[1966] 2 Lloyd's Rep. 101

ROSELODGE, LTD. ( FORMERLY "ROSE" DIAMOND PRODUCTS, LTD.) v. CASTLE

Practice-Pleadings-Amendment during trial -Alleged "fishing" or "speculative" amendments-Appeal against Court's refusal to allow amendment. -Particulars of facts-Allegation of knowledge-Discretion of Court to order party to serve particulars of facts on which he relied-R.S.C., Order 18, r. 12.

[1966] 2 Lloyd's Rep. 105

ROSELODGE, LTD. ( FORMERLY"ROSE" DIAMOND PRODUCTS, LTD.) v. CASTLE

Insurance-Non-disclosure-Jewellers' Block Policy-Assured robbed of diamonds- Prior conviction of director of assured and of assured's employee not disclosed-Duty on assured to disclose-Materiality-Waiver -Whether policy voidable. -Loss under all-risks policy not admitted in pleadings by insurers-Effect of such pleading. Practice-Pleadings-Strict proof-Effect of defendant insurer's not admitting alleged robbery.

[1966] 2 Lloyd's Rep. 113

NOTICE

Judicial Precedent.

[1966] 2 Lloyd's Rep. 151

ASTELL v. LONDON TRANSPORT BOARD

Building (Safety, Health and Welfare) Regulations, 1948-Guard-rails on stairs- Meaning of "suitable guard-rails"- Whether effective physical barrier necessary -Regulation 27 (2) (a).

[1966] 2 Lloyd's Rep. 153

METALS & ROPES COMPANY, LTD. v. TATTERSALL

Practice-Delivery up of goods order-No step taken by defendant-Writ of execution for value of goods-Whether defendant required to take steps to deliver up goods.

[1966] 2 Lloyd's Rep. 166

THE "WINDWARD ISLANDS"

Negligence - Anchored vessel - Whether submarine pipe-line fouled and damaged by anchor-Onus of proof.

[1966] 2 Lloyd's Rep. 169

F. & G. SYKES (WESSEX), LTD. v. FINE FARE, LTD.

Contract-Uncertainty-Contractual quantity left for determination between parties-No agreement on quantity-Whether arbitration clause filled contractual lacuna or contract was terminated by operation of law. -Breach-Assessment of damages- Determination of (i) period contract would have subsisted if not wrongfully repudiated and (ii) quantity of contractual goods upon which damages fell to be assessed.

[1966] 2 Lloyd's Rep. 205

METALS & ROPES COMPANY, LTD. v. FILIA COMPANIA LIMITADA ("THE VASTRIC")

Charter-party-Demurrage-"Time lost in waiting for berth to count as discharging time"-Arrival of vessel after office hours -No berth available-Whether time ran from arrival or earliest time discharging time would have commenced if berth had been available.

[1966] 2 Lloyd's Rep. 219

SMITH v. TAYLOR

Limitation of liability-Bailee (car repairer)- Notice limiting liability-Loss of car by fire -Effect of notice on repairer's liability. Bailment-Loss by fire of car under repair- Onus of proof of negligence-Liability of repairer-Effect of notice limiting liability. Negligence-Loss by fire of car under repair -Onus of proof-Liability of repairer- Effect of notice limiting liability.

[1966] 2 Lloyd's Rep. 231

THE "LUCILE BLOOMFIELD"

Collision - Vessels picking up and dropping pilots - Look-out - Duty to make sound signals-Collision Regulations, 1954, Rule 28 - Meaning of "in sight".

[1966] 2 Lloyd's Rep. 239

THE "FAIRPORT" (No. 3)

Admiralty practice-Seamen's wages-Whether contributions due to seamen's union and pension fund could be included in seamen's wages claim in action "in rem."

[1966] 2 Lloyd's Rep. 253

W. & M. WOOD (HAULAGE), LTD. v. REDPATH

Evidence Act, 1938-Admissibility of statement by deceased driver of lorry involved in collision-Sect. 1 (3)-Whether "proceedings" included civil and criminal proceedings - Whether proceedings anticipated when statement made - Whether driver was "person interested". Negligence-Collision between lorry and car- No evidence suggesting one driver more to blame than the other. Costs-Both parties liable-Effect of legal aid.

[1966] 2 Lloyd's Rep. 258

REID v. JAMES SPENCER & CO. AND BURNS & LAIRD LINES, LTD.

Docks Regulations, 1934-"Beams . . . shall be maintained in good condition"-Injury to dock worker during attempt to remove jammed hatch beam-Liability of shipowners -Regulation 15. Negligence-Unnecessary risk-Injury to dock worker during attempt to remove jammed hatch beam-Liability of employers and/or shipowners.

[1966] 2 Lloyd's Rep. 269

GARK v. STRAITS TOWING, LTD. AND SAYER (THE "BELIZE")

Salvage-Contractual services-Alleged negligence of salvors-Liability of owners and/or master of salving vessel. Contract-Refloating services-Alleged negligence of tug-Liability of owners and/or master of tug.

[1966] 2 Lloyd's Rep. 277

PYE, LTD. v. B. G. TRANSPORT SERVICE, LTD.

Carriage of goods-Loss in transit-Van left unattended and not immobilized-Liability of carriers-Effect of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Bailment-Loss of goods in transit-Negligence of carriers-Effect of terms of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Damages-Quantum-Effect of terms of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Practice-Subrogated action-Lack of co-operation from assured-Effect on interest on judgment and costs. Costs-Delays by successful plaintiffs in providing information-Effect.

[1966] 2 Lloyd's Rep. 300

LISI AND OTHERS v. ALITALIA-LINEE AEREE ITALIANE, S.P.A.

Carriage by air-Passenger ticket and baggage check-Notification of limitation of liability under Warsaw Convention virtually invisible -Effect on liability of carrier-Whether notification required on ticket and check- Warsaw Convention, 1929, Arts. 3, 4.

[1966] 2 Lloyd's Rep. 328

WHEELER v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

Master and servant-Unnecessary risk-Injury to dock worker's hand while replacing hatch covers-Liability of employers. Damages-Assessment-Personal injuries claim -Failure by plaintiff to try to do full work -Effect.

[1966] 2 Lloyd's Rep. 335

MORESK CLEANERS, LTD. v. HICKS

Negligence-Architect-Defective design of building-Delegation of design by architect to contractors-Liability of architect.

[1966] 2 Lloyd's Rep. 338

JAFFA (TRADING AS H. JEFFRIES) v. WAXMAN

Negligence-Loss of furs held for inspection- Alleged custom that goods delivered for inspection were responsibility of holder- Liability of holder.

[1966] 2 Lloyd's Rep. 344

STONEY STANTON SUPPLIES (COVENTRY), LTD. v. MIDLAND BANK, LTD.

Banking - Negligence - Forged cheques on company honoured by bank on forged mandate from company-Whether banker and customer relationship existed between bank and company-Liability of bank to company. -Moneys had and received-Forged agreement for purchase of business- Whether purchasing company owned moneys from business-Liability of bank to company.

[1966] 2 Lloyd's Rep. 373

OVERSEAS TANKSHIP (U.K.), LTD. v. BP TANKER COMPANY, LTD.

Limitation of action-Charter-party-Conflicting clauses incorporating provisions of Hague Rules - Damage to cargo - Claim by charterers against shipowners not brought within one year of discharge-Whether claim time barred. Charter-party - Incorporation of provisions of Hague Rules by two conflicting clauses -Whether claim by charterers against shipowners brought more than one year after discharge of cargo was time barred-Effect of ambiguous document.

[1966] 2 Lloyd's Rep. 386

SLATTER v. BRITISH RAILWAYS BOARD

Master and servant-Fellow-employees-Shunting -Sudden collision of wagons-Injury to wagon examiner startled by noise-Liability of employers. Negligence-Foreseeable risk-Sudden noise.

[1966] 2 Lloyd's Rep. 395

LINES v. HARLAND & WOLFF, LTD.

Negligence-Unusual danger-Coil of wire in walkway on ship-Injury to dock worker- Liability of employers of man who left wire in walkway-Delay in bringing action- Effect on damages. Damages-Compensation neurosis-Delay in bringing action - Effect on quantum of damages for personal injuries.

[1966] 2 Lloyd's Rep. 400

THE "IRINI STEFANOU"1

Salvage-Award-Simultaneous claim in U.S. legal proceedings and in arbitration under Lloyd's Standard Form of Salvage Agreement -Motion to amend libel to claim sum awarded by Lloyd's or to make Lloyd's award binding on U.S. Court-Whether libellant had waived right to arbitration by bringing libel-Whether other claimants bound by Lloyd's award.

[1966] 2 Lloyd's Rep. 410

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-Payment into Court in excess of award-Effect of legal aid on costs-Appeal-Whether risk to salvors' vessel (and livelihood) considered by Judge in making his award.

[1966] 2 Lloyd's Rep. 413

THE "BINETA"

Sale of ship-Sale by unpaid seller in exercise of lien-Whether good title vested in second purchaser, although first purchaser was registered owner-Sale of Goods Act, 1893, Sect. 48 (2).

[1966] 2 Lloyd's Rep. 419

THE "FOREST LAKE"

Admiralty practice-New trial-Evidence- Assessors-Retirement of Judge during hearing-Whether evidence already given by witnesses and evidence given on commission should be accepted at new trial -Whether same Assessors should sit at new trial.

[1966] 2 Lloyd's Rep. 421

MACKENDER, HILL AND WHITE v. FELDIA A.G., CH. BRACHFELD AND SONS S.A. AND DIAMIL S.R.L.

Practice-Writ-Service out of the jurisdiction -Insurance policy containing foreign jurisdiction clause-Alleged illegality and non-disclosure-Whether such dispute arose under policy within foreign jurisdiction clause-Meaning of "void" and "voidable". Insurance - Illegality - Non-disclosure - Meaning of "void" and "voidable".

[1966] 2 Lloyd's Rep. 449

RE KEEVER. EX PARTE CORK v. MIDLAND BANK, LTD.

Bankruptcy - Banking - Lien on cheque - Whether bank a secured creditor and not to be prejudiced by receiving order- Bankrupcy Act, 1914, Sect. 45-Bills of Exchange Act, 1882, Sects. 29, 97 (1).

[1966] 2 Lloyd's Rep. 475

ELLIOTT (TRADING AS ARLINGTON BOOKS) v. SIR ROBERT McALPINE & SONS, LTD.

Negligence-Duty of care-Telephone rendered ineffective owing to defendants' negligence- Loss of profits-No injury to plaintiff's person or property-Liability of defendants. Damages-Loss of profits-Plaintiff's person and property not injured-Liability of defendants.

[1966] 2 Lloyd's Rep. 482

ECK v. UNITED ARAB AIRLINES, INC.

United States-Carriage by air-Passenger's action in respect of personal injuries commenced in New York Court-Whether venue of action improper-Whether defendant had a "place of business" in New York "through which" contract was made - Warsaw Convention, 1929, Art. 28 (1).

[1966] 2 Lloyd's Rep. 485

POST OFFICE v. NORWICH UNION FIRE INSURANCE SOCIETY, LTD.

Third Parties (Rights against Insurers) Act, 1930-Indemnity "against all sums . . . Insured . . . legally liable to pay"-Whether injured third party entitled to claim against insurers of bankrupt although amount of liability had not been determined.

[1966] 2 Lloyd's Rep. 499

TAYLOR v. NATIONAL UNION OF SEAMEN

Trade union-Dismissal of official-Appeal to executive council by official dismissed- Whether executive council acted ultra vires -Applicability of rules of natural justice. -Dismissal of official-Claim by official for damages. -Claim by dismissed official for declaration that Union should not treat him as if dismissed for misconduct.

[1966] 2 Lloyd's Rep. 504

IN RE RAMPGILL MILL, LTD.

Company law - Winding up - Preferential creditor-Whether drawings on bank account were advances by bank for purpose of paying wages entitling bank to priority -Companies Act, 1948, Sect. 319 (4).

[1966] 2 Lloyd's Rep. 527