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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 1967 Archive by Volume
Reports for Volume 1, 1967
JAHN (TRADING AS C. F. OTTO WEBER) v. TURNBULL SCOTT SHIPPING COMPANY, LTD., AND NIGERIAN NATIONAL LINE, LTD. (THE "FLOWERGATE")
Carriage by sea-Damage to cargo-Inherent vice- Ventilation - Bad stowage- Cocoa (stowed in hold under 'tween deck containing logs) delivered moisture damaged-Dispute as to source of moisture causing damage- Onus of proof-Liability of shipowners.
[1967] 1 Lloyd's Rep. 1
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.
[1967] 1 Lloyd's Rep. 49
F. & G. SYKES (WESSEX), LTD. v. FINE FARE, LTD.
Contract-Uncertainty-Contractual quantity left for determination between parties- Whether contract was binding-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.
[1967] 1 Lloyd's Rep. 53
ARYEH v. LAWRENCE KOSTORIS & SON, LTD.
Damages-Sale of goods (f.o.b.)-Breach- Non-delivery-Quality-Measure of damages -Sale of Goods Act, 1893, Sects. 51, 53.
[1967] 1 Lloyd's Rep. 63
THE "OSPREY"
Collision - Fog - Narrow channel - Radar - Excessive speed-Both vessels proceeding in mid-channel-Navigation by leading lights. Costs-Meaning of "follow the event" (R.S.C., Order 62, r. 3 (2)).
[1967] 1 Lloyd's Rep. 76
THE "FRITZ THYSSEN"
Collision-Subsequent sinking-Negligent failure to take assistance-Novus actus interveniens-Liability of other vessel. Negligent navigation-Sinking of vessel after collision-Negligent failure to take assistance -Novus actus interveniens-Liability of other vessel.
[1967] 1 Lloyd's Rep. 104
DIANA MARITIME CORPORATION OF MONROVIA v. SOUTHERNS, LTD.
Bill of lading-". . . cause beyond Carrier's control such as . . ."-Delay anticipated at port of discharge-Cargo discharged at convenient port under clause giving shipowner liberty to discharge at convenient port-Whether delay was cause within clause -Whether delay anticipated to be for unreasonable time-Liability of cargo-owners for freight-Liability of shipowners for forwarding expenses.
[1967] 1 Lloyd's Rep. 114
ROLLAND v. ALACHOUZOS AND HELMVILLE, LTD.
Contract-Professional services-Dispute as to payment.
[1967] 1 Lloyd's Rep. 126
PRESVALE TRADING COMPANY, LTD. v. SUTCH & SEARLE, LTD.
Carriage of goods-Loss of goods in transit- Lorry garaged overnight-Lorry and goods stolen-Steering lock on lorry not secured -No night watchman or burglar alarm at garage-Liability of carriers.
[1967] 1 Lloyd's Rep. 131
DAY v. HARLAND & WOLFF, LTD.
Shipbuilding and Ship-repairing Regulations, 1960-Safe means of access-Obstruction on ship's deck-Injury to ship's painter- Liability of employers-Whether ship's deck was means of access or place of work- Regulation 6. Master and servant-Unnecessary risk- Obstruction on ship's deck-Injury to ship's painter-Duty on employers to remove obstruction.
[1967] 1 Lloyd's Rep. 136
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.
[1967] 1 Lloyd's Rep. 140
GORE v. VAN DER LANN. CORPORATION OF LIVERPOOL (INTERVENERS)
Contract-Passenger-Free pass-Whether a licence or a contract-Effect of Road Traffic Act, 1960, Sect. 151. Licence - Passenger - Free pass - Alleged implied promise by passenger not to sue employees-Right of employers to order staying proceedings. Practice-Stay of proceedings-Alleged fraud on Corporation by holder of free pass in claim against Corporation's servant- Liability of Corporation to indemnify servant-Whether Corporation entitled to order staying proceedings-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 41-County Courts Act, 1959, Sect. 103.
[1967] 1 Lloyd's Rep. 145
THE QUEEN v. JUSTICES FOR THE PETTY SESSIONAL DIVISION OF ST. AUGUSTINE, KENT. EX PARTE LYE AND OTHERS
Wireless Telegraphy Act, 1949-Jurisdiction of Magistrates' Court-Whether wireless transmitter operated outside territorial waters- Meaning of "territorial waters"-Territorial Waters Jurisdiction Act, 1878-Territorial Waters Order-in-Council, 1964.
[1967] 1 Lloyd's Rep. 154
THE "FOREST LAKE"
Collision-Anchored vessel getting under way-Tardy lowering of black ball- Crossing vessels - Look-out - Signals - Collision Regulations, 1954, Rule 19.
[1967] 1 Lloyd's Rep. 171
PARAMOR v. DOVER HARBOUR BOARD
Shipbuilding and Ship-repairing Regulations, 1960-Safe means of access-Ladder from quay in dock to tug under repair- Dangerous angle-Marine engineer's fatal fall - Foreseeability - Liability of dock owners-Regulation 6. Master and servant-Unnecessary risk- Ladder from tug to quayside-Dangerous angle - Marine engineer's fatal fall - Foreseeability-Liability of employers.
[1967] 1 Lloyd's Rep. 179
JOHN BOWRON & SON, LTD. v. RODEMA CANNED FOODS, LTD.
Sale of goods (f.o.b.)-Description-"subject to approval of 25 cases"-Disapproval by buyers of preliminary shipment-Whether contract was terminated.
[1967] 1 Lloyd's Rep. 183
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).
[1967] 1 Lloyd's Rep. 191
LONDON AND THAMES HAVEN OIL WHARVES, LTD. v. ATTWOOL (H.M.I.T.)
Revenue-Income tax-Compensation for loss of use of jetty-Whether assessable as trading profit.
[1967] 1 Lloyd's Rep. 204
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"-"3. No admission . . . shall be made . . . by . . . the Insured"-Whether injured third party entitled to claim against insurers of bankrupt although amount of liability had not been determined-Effect of Condition 3.
[1967] 1 Lloyd's Rep. 216
RE FOREIGN TRIBUNALS EVIDENCE ACT, 1856 AMERICAN EXPRESS WAREHOUSING, LTD. v. DOE AND OTHERS
Practice-Evidence for foreign tribunal requested from persons not parties to action -Whether letters rogatory from U.S. Court were intended to provide discovery.
[1967] 1 Lloyd's Rep. 222
HARDY v. THAMES & GENERAL LIGHTERAGE, LTD.
Master and servant-Unnecessary risk-Injury to lighterman when broken pin flew from dolly-Res ipsa loquitur-Liability of employers.
[1967] 1 Lloyd's Rep. 228
ROBIN HOOD FLOUR MILLS, LTD. v. N. M. PATERSON & SONS, LTD. (THE "FARRANDOC")
Carriage by sea - Damage to cargo - Negligence of second engineer in operating valves - Due diligence - Negligence of shipowners in engaging incompetent engineer-Absence of plan of piping system-Liability of shipowners-Canadian Water Carriage of Goods Act, 1936, Art. IV, r. 2 (a). -Unseaworthiness - Incompetent second engineer-Absence of piping plan. -Due diligence-Negligence of shipowners in engaging second officer and in not providing piping plan.
[1967] 1 Lloyd's Rep. 232
BART v. BRITISH WEST INDIAN AIRWAYS, LTD.
Carriage by air-Delay due to carrier's negligence-Alleged consequential loss- Whether damnified person (not consignor or consignee) could sue carrier-Liability of carrier-Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953 (No. 1206). Principal and agent-Contract for carriage by air-Alleged loss due to delay-Whether consignor acting as agent of damnified person. Contract-Fundamental breach. -Third party's right to sue. Negligence-Delay in carriage-Alleged consequential loss-Liability of carrier to person damnified. Bailment and sub-bailment - Liability for delay.
[1967] 1 Lloyd's Rep. 239
CHRIS FOODSTUFFS (1963), LTD. v. NIGERIAN NATIONAL SHIPPING LINE, LTD.
Carriage by sea-Cargo delivered damaged- Alleged faulty stowage or bad ventilation -Liability of shipowners-Hague Rules, Art. III, r. 2.
[1967] 1 Lloyd's Rep. 293
LIBERIAN SHIPPING CORPORATION v. A. KING & SONS, LTD.
Arbitration - Extension of time - Whether undue hardship would otherwise be caused -Meaning of "undue hardship"-Reversal of trend giving narrow meaning to those words. Practice-Interference with Judge's discretion.
[1967] 1 Lloyd's Rep. 302
CREDITO ITALIANO v. M. BIRNHAK & SONS, LTD.
Practice-Order 14 proceedings on bill of exchange-Whether a "triable issue." Bankruptcy - Fraudulent preference - Action on bill of exchange by holder-Whether preference by drawer of bill. -Acceptance of bill of exchange allegedly induced by fraud.
[1967] 1 Lloyd's Rep. 314
THE "BONIFAZ"
Collision - Fog - Radar - Failure to plot - Excessive speed-Close-quarters situation.
[1967] 1 Lloyd's Rep. 321
JARVIS v. HAY'S WHARF, LTD.
Docks Regulations, 1934-Unfenced gantry- Injury to dock worker-Liability of occupier of warehouse-Regulation 1-Meaning of "wharf, or quay". Master and servant-Unnecessary risk- Unfenced gantry-Injury to dock worker- Liability of employers.
[1967] 1 Lloyd's Rep. 329
GRACE KENNEDY & CO., LTD. v. CANADA JAMAICA LINE; CANADA WEST INDIES SHIPPING COMPANY, LTD.; AND ALDAG
Bill of lading-Damage to cargo-Condensation -Effect of demise clause in bill of lading- Liability of shipping agents, and/or operators and/or shipowners-Absence of proof of damage.
[1967] 1 Lloyd's Rep. 336
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"-Maritime Conventions Act, 1911, Sect. 1. Costs-Special order.
[1967] 1 Lloyd's Rep. 341
THE "ROYALGATE"
Collision-Crossing vessels-Give-way vessel approaching pilot vessel-Duty of stand-on vessel-Stand-on vessel to be judged with leniency.
[1967] 1 Lloyd's Rep. 352
VAIL v. VITAK TIMBER IMPORTS, LTD.
Master and servant - Unnecessary risk - Alleged lack of instruction or supervision -Injury to employee while slinging timber -Liability of employers. Factories Act, 1961 - Safe premises - Obstructed floor-Injury to employee while slinging timber-Liability of employers.
[1967] 1 Lloyd's Rep. 360
UNDER WATER WELDERS & REPAIRERS, LTD., AND S.B.C. (UNDER WATER), LTD. v. STREET AND LONGTHORNE
Practice - Injunction - Alleged breach of agreement in restraint of trade - Whether process was confidential and required protection
[1967] 1 Lloyd's Rep. 364
MASON v. LEVY AUTO PARTS OF ENGLAND, LTD.
Negligence - Fire - Escape to neighbour's land - Test for liability - "Rylands v. Fletcher" doctrine - Fires Prevention (Metropolis) Act, 1774, Sect. 86.
[1967] 1 Lloyd's Rep. 372
GERHARDT v. CONTINENTAL INSURANCE COMPANIES AND FIREMEN'S INSURANCE COMPANY OF NEWARK
United States-Houseowner's comprehensive insurance-Exemption clause voided.
[1967] 1 Lloyd's Rep. 380
PRACTICE DIRECTION
Evidence in applications under the Inheritance (Family Provision) Act, 1938, and infant matters.
[1967] 1 Lloyd's Rep. 386
BARCLAYS BANK, LTD. v. ASCHAFFENBURGER ZELLSTOFFWERKE A.G.
Practice - Order 14 proceedings on bills of exchange by indorsees - Set-off and cross-claim against drawers raised by acceptors - Whether available against indorsees. Bill of exchange - Claim against acceptors by holders in due course - Whether holders for value - Whether set-off and cross-claim by acceptors against drawers available against holders.
[1967] 1 Lloyd's Rep. 387
MOUKATAFF v. BRITISH OVERSEAS AIRWAYS CORPORATION
Carriage by air-Loss of registered postal packets-Liability of carrier.
[1967] 1 Lloyd's Rep. 396
ANTCLIFFE v. ALFRED BANNISTER (TRAWLERS), LTD.
Master and servant-Unnecessary risk-Lack of instruction - Inexperienced deck-hand drawn into winch on fishing vessel-Liability of shipowners.
[1967] 1 Lloyd's Rep. 429
GORE v. NORTHEAST AIRLINES, INC.
Conflict of laws-United States-Wrongful death statute of locus delicti embodying limitation on damages-Whether applicable by forum-Effect of domicile of beneficiaries. Carriage by air-Death of passenger-Whether action by executor governed by lex loci delicti or proper law of tort.
[1967] 1 Lloyd's Rep. 433
THE "GNIEZNO"
Admiralty practice-Counterclaim-Whether maintainable although plaintiffs' writ "in rem" had not been served.
[1967] 1 Lloyd's Rep. 441
S. G. EMBIRICOS, LTD. v. TRADAX INTERNACIONAL S.A. (THE "AZUERO")
Charter-party-Hatches opened and closed during discharge of cargo-Whether shipowners or chatterers liable for cost under f.i.o. charter-party. Arbitration-Award-Incorrect description of parties by umpire-Comments by Court.
[1967] 1 Lloyd's Rep. 464
MORGAN v. FRY, CRISPIN, CRONE, HARRALL, MEHEGAN AND BILSON
Intimidation-Dismissal of lockman induced by union officials-Liability of union officials.
[1967] 1 Lloyd's Rep. 471
BREWER v. DELO
Negligence-Duty of care-Foreseeability of damage-Justification for disregarding risk -Golfer injured by golf ball hooked by player-Liability of player.
[1967] 1 Lloyd's Rep. 488
BOOM v. THOMAS HUBBUCK & SON, LTD.
Damages-Assessment-Personal injuries claim -Pre-accident condition-Effect of further accidents.
[1967] 1 Lloyd's Rep. 491
GARNAC GRAIN COMPANY, INC. v. H. M. F. FAURE & FAIRCLOUGH, LTD., AND BUNGE CORPORATION BUNGE CORPORATION v. H. M. F. FAURE & FAIRCLOUGH, LTD.
Sale of goods-Agency-Whether purchasers acting as agents of undisclosed principals -Fraudulent misrepresentation by alleged undisclosed principals-Whether contract enforceable by purchasers. Contract-Circle contract-Fraudulent misrepresentation-Enforceability of contract. Damages-Assessment-Date.
[1967] 1 Lloyd's Rep. 495
WATSON NORIE, LTD. v. SHAW AND NELSON
Damages-Loss of use of car-Liability of tortfeasor for cost of hiring reasonable temporary replacement.
[1967] 1 Lloyd's Rep. 515
PHOENIX DISTRIBUTORS, LTD. v. L. B. CLARKE (LONDON), LTD.; CULLEN ALLEN & CO., LTD. (THIRD PARTIES)
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).
[1967] 1 Lloyd's Rep. 518
S.B.A. PROPERTIES, LTD. v. CRADOCK, BIEBER, BURDEN AND BANK OF NOVA SCOTIA
Companies Act, 1948-Proceedings on inspector's report against company's bank- Whether Bank within Sect. 169 (4)-Meaning of "or other misconduct"-Whether Bank's alleged neglect was "in connection with" management of company's affairs.
[1967] 1 Lloyd's Rep. 526
AUTOMATIC TUBE COMPANY, PTY., LTD., AND EMAIL, LTD.-BALFOUR BUZACOTT DIVISION v. ADELAIDE STEAMSHIP (OPERATIONS), LTD., ADELAIDE STEAMSHIP COMPANY, LTD., AND ADELAIDE STEAMSHIP COMPANY, PTY., LTD. (THE "BELTANA")
Carriage by sea-Limitation of action-". . . unless suit is brought within one year after delivery of the goods . . ."-Meaning of "delivery"-Whether cargo-owners' action was time barred-Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 6.
[1967] 1 Lloyd's Rep. 531
THE "CAP BON"
Admiralty practice-Security-Attempt to maintain bail as security for payment of arbitration award-Purpose of action in rem. -Bail bond-Irregular form-Effect. -Order for delivery of statement of claim within certain time or action to be dismissed. -Vexatious proceedings - Arbitration and action in respect of same matter- Attempt to maintain bail as security for payment of arbitration award-R.S.C., Orders 18, r. 1; 19, r. 1; 75, r. 16; Appendix B, Form 11.
[1967] 1 Lloyd's Rep. 543
MUNDAY v. PORT OF LONDON AUTHORITY
Master and servant-Unnecessary risk- No look-out posted to warn of any danger- Lighting-Dismantling of trunk of grain discharging unit-Injury to docker-Liability of employer-Docks Regulations, 1934- Regulation 3.
[1967] 1 Lloyd's Rep. 550
DOWLER v. RYE-ARC, LTD.
Master and servant-System of working- Use of oxy-acetylene cutter-Boilermaker injured by falling molten metal-Liability of employers.
[1967] 1 Lloyd's Rep. 554
PRICE v. PORT OF LONDON AUTHORITY
Master and servant-System of working- Moving heavy crates of tubes-Injury to dock labourer-Liability of employers.
[1967] 1 Lloyd's Rep. 559
TREADAWAY v. DIKE AND RAMSGATE CORPORATION
Negligence-Vicarious liability-Hired crane and driver-Dock worker struck by set of cargo-Liability of employers and/or owners of crane. Master and servant-System of working-Dock worker struck by set of cargo-Whether crane operating blind-Liability of employers.
[1967] 1 Lloyd's Rep. 564
FOWLEY MARINE (EMSWORTH), LTD. v. GAFFORD
Waters-Tidal waters-Right to fix permanent moorings in bed of tidal waters. Trespass-Extent of possession required to found action against persons fixing moorings in bed of tidal waters. Navigation-Permanent moorings-Whether an ordinary incident to navigation exercisable without permission of possessor or owner of bed of tidal waters-Meaning of "ordinary incident of navigation". Custom-Right to fix moorings in bed of tidal waters.
[1967] 1 Lloyd's Rep. 572
NARBETH v. JAMES (THE "LADY TAHILLA")
Contract-Implied term-Optional methods of performance-Whether implied obligation to notify method chosen. Sale of ship - Agreement - Construction- Optional methods of performance-Whether notice of choice of method required. Ship's mortgage-Payment-Optional methods -Whether mortgagor under duty to give notice to mortgagee as to his choice of method-Whether mortgagor gave such notice.
[1967] 1 Lloyd's Rep. 591
THE "FAIRPORT" (NO. 4)
Admiralty practice-Order for priorities- Variation-Duty of Court. -Pleadings-Summons to strike out as disclosing no reasonable defence.
[1967] 1 Lloyd's Rep. 602
ONASSIS AND CALOGEROPOULOS v. VERGOTTIS
Contract-Option-Shares in ship-Whether party provided money by way of loan or for purchase of shares in ship.
[1967] 1 Lloyd's Rep. 607
FIRMIN & COLLINS, LTD. v. ALLIED SHIPPERS, LTD.; ALDER (THIRD PARTY)
Contract-Breach-Duty to insure-Failure to store goods in "public warehouse". Insurance-All risks-"Whilst in a . . . public warehouse"-Meaning.
[1967] 1 Lloyd's Rep. 633
PRACTICE DIRECTION
Guardianship of Infants Acts, 1886 and 1925 -Appeals from Court of Summary Jurisdiction.
[1967] 1 Lloyd's Rep. 640
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