Motor insurance-Notice of intended prosecution and summons not forwarded to insurers by assured-Insurers informed by police-Repudiation of liability by insurers -Whether insurers waived condition precedent-Whether insurers could compel assured to have insurers' solicitors.
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.
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.
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.
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).
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.
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.
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.
Carriage of goods-Road carriers-Loss of goods when carriers' sub-contractors' lorry was stolen-Negligence of sub-contractors and their driver-Liability of sub-contractors. Bailment-Sub-bailees' liability to bailor for loss of goods from lorry.
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.
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.
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.
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.
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.
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.
Sale of goods-Quality-Potatoes "suitable for Poland"-Whether express term; collateral oral warranty; or implied condition of suitability existed-Rebuttal of presumption that buyers relied on sellers' skill and judgment-Sale of Goods Act, 1893, Sect. 14 (1) (2).
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.
Charter-party-Freight contract-"10,000 tons more or less quantity at owners' option"- -"Vessel has 611,000 cft. bale . . . available under deck"-Meaning of those terms -Right of owners to stop loading of cargo before all space filled.
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.
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.
Carriage of goods-Deviation-Fundamental breach-Goods damaged by fire-Whether carrier entitled to rely on exemption clauses in contract of carriage. Bailment-Goods damaged by fire-Liability of sub-bailee. Contract-Fundamental breach.
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.
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.
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.
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.
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.
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.
United States-Arbitration in New York clause in charter-party - Jurisdiction of U.S. Court to compel charterer (Department of foreign Sovereign State) to submit to arbitration - Service of suit - Restrictive theory of sovereign immunity.
Carriage by sea-Damage to deck cargo-Bad stowage-Unseaworthiness-Alleged perils of the sea-Liability of ship and/or charterer and/or shipowner-U.S. Carriage of Goods by Sea Act, 1936-Effect of Harter Act, 1893.
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".
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.
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).
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.
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.