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THE "ANNEFIELD"

Bill of lading - Arbitration clause in charter-party - "All disputes . . . arising out of this contract"-Whether incorporated into bills of lading issued under charter-party - Whether action in rem should be stayed - Discretion of Court - Whether action time barred - Arbitration Act, 1950, sect. 4.

[1971] 1 Lloyd's Rep. 1

EMPRESA CUBANA DE FLETES v. LAGONISI SHIPPING COMPANY LTD. (THE "GEORGIOS C.")

Charter-party - Withdrawal of vessel "in default of payment" of hire - Hire overdue but tendered before notice of withdrawal communicated to charterers - Whether shipowners still had right to withdraw-Effect of banker's payment slip-Baltime 1939 form. Commercial Court - Speedy procedure-Service to commercial community.

[1971] 1 Lloyd's Rep. 7

AUSTRALIAN COASTAL SHIPPING COMMISSION v. GREEN AND OTHERS

General average - Expenses consequent upon general average act - Tug engaged on U.K. Standard Towage Conditions by vessel in peril - Towage contract a general average act-Liability under U.K. Standard Towage Conditions-Whether recoverable in general average - Whether "direct consequence" of general average act-York-Antwerp Rules, 1950, rules A and C.1

[1971] 1 Lloyd's Rep. 16

WOODHOUSE A.C. ISRAEL COCOA LTD. S.A. AND A.C. ISRAEL COCOA INC. v. NIGERIAN PRODUCE MARKETING COMPANY LTD.

Estoppel - Correspondence - Principles to be applied by Court. Arbitration - Construction of document by umpire - Whether binding on Court. Sale of goods-Devaluation-Sale of cocoa by Nigerian suppliers to London traders - Payment to be made in Nigerian £-Offer by sellers to accept "payment in pounds sterling" accepted by buyers-Devaluation of £ sterling -Whether loss borne by sellers or buyers- Whether sellers estopped on correspondence.

[1971] 1 Lloyd's Rep. 25

THE "MOSCHANTHY"

Admiralty practice - Action in rem - Motion to set aside or stay - Action in contract and in detinue claiming damages for detention of cargo - Claim for delivery of goods pending in Lebanese Courts - Whether English Court had jurisdiction - Whether cargo action in rem vexatious - Alleged excessive security- Principles to be applied in assessing plaintiff's security in action in rem.

[1971] 1 Lloyd's Rep. 37

PRACTICE DIRECTION

Chancery Division - Court and Chambers procedure - Consent orders staying proceedings.

[1971] 1 LLOYD'S LAW REPORTS 48

"MONTE ULIA" (OWNERS) v. THE "BANCO" AND OTHER VESSELS (OWNERS) (THE "BANCO")

Admiralty practice-Action in rem-Arrest of vessel - Whether plaintiff entitled only to arrest either vessel concerned with claim or any one other vessel in same ownership- Administration of Justice Act, 1956, sect. 3 (4)1 - Practice of naming sister ships in writ in rem considered - Brussels Convention, 1952. Statute-Construction-Statute passed to enact matters agreed at prior convention-Whether Court entitled to look at convention as aid to construction of statute.

[1971] 1 Lloyd's Rep. 49

THE "DARESSA"

Damages - Collision - Loss of use - Loss of United States Government operating subsidy -Whether too remote - Whether foresight of master or owners of wrong-doing vessel relevant. Evidence - Foreseeability - Whether evidence required for decision.

[1971] 1 Lloyd's Rep. 60

MARSTON EXCELSIOR LTD v. ARBUCKLE, SMITH & CO. LTD.

Carriage of goods - Forwarding agents - Arrangements made by English forwarding agents for carriage of a cold box weighing about 65 tons from Tilbury to Austria - "Abnormal indivisible load" - Permits not obtained by Bavarian road carrier - Load delayed at Bamberg - Liability of English forwarding agents - Whether agents in breach of duty to exercise reasonable skill and care or in breach of warranty - Whether breach fundamental - Applicability of Standard Trading Conditions of the Institute of Shipping and Forwarding Agents.

[1971] 1 Lloyd's Rep. 70

LONDON BOROUGH OF BROMLEY v. ELLIS A. LUFF & SON (THIRD PARTIES)

Insurance brokers - Duty of care - Brokers requested by purchaser of car to transfer insurance to him - Brokers' delay in forwarding proposal form and failure to advise purchaser that he was uninsured - Purchaser involved in motor accident while uninsured - Liability of brokers.

[1971] 1 Lloyd's Rep. 97

LIMB & CO. (STEVEDORES) v. BRITISH TRANSPORT DOCKS BOARD

Dock work - Application for licence to employ dock workers - Application by partnership firm before their operating as a company - Grant of licence subject to conditions to the "company" - Grant to "company" an error, but firm informed licence valid until reissued to company - Claim by firm for compensation for losses incurred on account of conditions attached to licence - Whether licence "refused" - Whether firm estopped by reason of their acquiescence in the issue of licence to the "company" and failure to apply for its rectification - Docks and Harbours Act, 1966, sect. 13 (1). Arbitration - Costs - Reference under Arbitration Act, 1950, sect. 21 (1) (a) - Power of Court to award costs.

[1971] 1 Lloyd's Rep. 99

BLUNDELL v. RIMMER

Practice - Interlocutory judgment - Personal injury action - Payment into Court by defendant - Admission of liability with denial of damages-Whether plaintiff entitled to interlocutory judgment under R.S.C., Order 27, r. 3 - Whether Court has discretion - Practice on appeals from District Registrar.

[1971] 1 Lloyd's Rep. 110

LUMSDEN & CO. v. LONDON TRUSTEE SAVINGS BANK

Banking - Cheques drawn by stockbrokers in favour of "Brown" - Payment of cheque by fraudulent employee into own account in fictitious name of "Brown" - Bank sued for conversion of cheques - Whether bank negligent in opening of account - Whether bank could plead contributory negligence on part of drawers - Cheques Act, 1957, sect. 4 (1) - Law Reform (Contributory Negligence) Act, 1945.

[1971] 1 Lloyd's Rep. 114

ZAPATA OFF-SHORE COMPANY v. THE "BREMEN" AND UNTERWESER REEDEREI G. M.B.H.1 (THE "CHAPARRAL")

United States - Towage - Towage contract providing for litigation of disputes in English Courts - Drilling barge damaged while being towed - Action for damage brought in U.S. Court by barge-owners - Tug-owners brought action for damages in English Court and action to limit liability in U.S. Court - Whether U.S. Court entitled to restrain English action and limitation action - Factors to be considered.

[1971] 1 Lloyd's Rep. 122

MONKSFIELD v. VEHICLE AND GENERAL INSURANCE COMPANY LTD.

Insurance (Motor) - Double insurance - Contribution - Driver of car covered under own insurance and car-owner's insurance - Third-party claim - Settlement by driver's insurers - Whether car-owner's insurers liable to contribute - Effect of breach of condition in car-owner's policy.

[1971] 1 Lloyd's Rep. 139

HUDSON v. JOHN WRIGHT & SON (BLACKWALL) LTD. AND FURNESS WITHY & CO. LTD.

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Protection of openings - Ship's painter falling into hold through inadequately guarded hatch - Whether employers and/or shipowners liable - Meaning of "fencing" - Regulations 4, 6, 26. Damages - Personal injuries - Assessment - Arthritis and casual nature of occupation to be considered.

[1971] 1 Lloyd's Rep. 151

BISHOP v. J. S. STARNES & SONS LTD. AND MACANDREWS & CO. LTD. MACANDREWS & CO. LTD. (THIRD PARTY) MARITIME RIGGING AND SCALING COMPANY LTD. (FOURTH PARTY)

Negligence - Duty of care - Fitter gassed in forepeak tank of ship where contractors had run a petrol pump - Liability of employers, shipowners and contractors - Applicability of Shipbuilding and Ship-repairing Regulations, 1960, regulations 48, 50, 51 and 531 - Occupiers' Liability Act, 1957, sect. 22 - Whether plaintiff contributorily negligent.

[1971] 1 Lloyd's Rep. 162

CHARLES GOODFELLOW LUMBER SALES LTD. v. VERREAULT, HOVINGTON AND VERREAULT NAVIGATION INC.

Canada-Carriage by sea-Loss of and damage to deck cargo (timber)-Whether vessel seaworthy-Stowage of cargo-Meaning of "perils of the sea"-Whether due diligence proven - Vessel's master not properly certificated - Liability of shipowner, master and/or charterer - Whether claim against charterer time-barred - Canadian Water Carriage of Goods Act, 1952, R.S.C., cap. 291, schedule, art. IV (2) (c), art. III (6).

[1971] 1 Lloyd's Rep. 185

THE "EVDELOS"

Admiralty practice - Injunction - Claim by cargo-owners for interim injunction against discharge at ports other than specified in bills of lading - Injunction granted by Brandon, J., on terms.

[1971] 1 Lloyd's Rep. 195

LAUNCHBURY AND OTHERS v. MORGANS AND OTHERS

Negligence-Vicarious liability-Husband given general authority by wife to use her car- Further authority to get friend to drive him home if unfit himself-Car driven by friend involved in accident - Whether friend "servant" or "agent" of wife-Whether wife liable to injured passengers.

[1971] 1 Lloyd's Rep. 197

"BANKSTONE" (OWNERS, MASTER AND CREW) v. THE "BLUEBIRD" (THE "BLUEBIRD")

Salvage - Award - Assessment - Services rendered to vessel disabled in North Sea in severe weather conditions - Vessel in danger of foundering with loss of life - Whole of saving of vessel not accomplished by plaintiff salvors - Value of salved vessel £550 - Award by Brandon, J., of £400.

[1971] 1 Lloyd's Rep. 229

PRACTICE NOTE

Trinity Masters', Nautical and other Assessors' scale of fees.

[1971] 1 LLOYD'S LAW REPORTS 244

PRACTICE NOTE

Nautical and other Assessors' scale of fees for assisting the Court of Appeal.

[1971] 1 LLOYD'S LAW REPORTS 244

ASHINGTON PIGGERIES LTD. AND FUR FARM SUPPLIES LTD. v. CHRISTOPHER HILL LTD. CHRISTOPHER HILL LTD. v. NORSILDMEL

Sale of goods - Description - Fitness for purpose - Merchantable quality - Mink food mixed by compounders for customers to agreed formula - Food toxic to mink due to inclusion of Norwegian herring meal - Liability of compounders to customers - Whether goods corresponded with contract description - Whether customer relied on skill or judgment of compounders - Liability of Norwegian sellers of meal to compounders - Applicability of defects clause - Whether "quality" in description clause excluded an ingredient which could not be detected at time of delivery - Remoteness of damage - Meaning of "Guaranteed for consumption in U.K." - Sale of Goods Act, 1893, sects. 13, 14 (1) and (2)1 - Meaning of "description", "particular purpose".

[1971] 1 Lloyd's Rep. 245

THORNTON v. SHOE LANE PARKING LTD.

Contract - Exemption condition - Ticket issued by automatic machine in car park - Ticket subject to "conditions of issue as displayed on the premises" - Condition exempting proprietors from liability for personal injury - Whether incorporated in contract.

[1971] 1 Lloyd's Rep. 289

EAGLE STAR INSURANCE COMPANY LTD. v. SPRATT

Insurance - Reinsurance treaties - Settlement of disputes under "dry" treaties by chairman of reinsuring underwriters' negotiating committee - Whether binding on underwriters - Whether chairman had actual or ostensible authority to make such settlement - Whether underwriter's initials on statement of proposed terms of settlement gave authority to settle on those terms - Effect of alleged oral reservations by underwriter - Whether authority revoked - Whether settlement ratified by underwriter - Whether treaties varied by addenda stamped and signed by Lloyd's Policy Signing Office - Authority of Lloyd's Policy Signing Office - Whether stamping and signing ratified by underwriter. Agency - Agent - Express authority to agree terms - Whether implied authority to agree further terms if favourable to principal. Lloyd's - Practice - Addenda to reinsurance treaties stamped and signed by Lloyd's Policy Signing Office - Alleged authority of statements of proposed terms initialed by underwriters and draft addenda initialed by leading underwriters - Whether underwriters bound - Effect of additional term in addenda.

[1971] 1 Lloyd's Rep. 295

CARAPANAYOTI & CO. LTD. v. COMPTOIR COMMERCIAL ANDRE & CIE. S.A.

Sale of goods (c.i.f.) - Goods to be shipped February/March, 1968 - Buyers to nominate port of discharge "not later than 21 days before commencement of shipment period" - Port nominated on 21st day - Whether nomination in time - Seed, Oil, Cake & General Produce Association (Inc.)'s Conditions of Sale, condition 22.

[1971] 1 Lloyd's Rep. 327

BENNETT v. TUGWELL

Negligence - Volenti non fit injuria - Passenger in car injured by driver's negligence - Effect of warning notice: "Passengers travelling in this vehicle do so at their own risk."

[1971] 1 Lloyd's Rep. 333

PRACTICE DIRECTION

Chambers procedure-Certification of documents for use abroad.

[1971] 1 LLOYD'S LAW REPORTS 340

PRACTICE DIRECTION

Chambers procedure - Lodgment in Chambers of copies of legal aid certificates.

[1971] 1 LLOYD'S LAW REPORTS 340

N.V. BUREAU WIJSMULLER v. "TOJO MARU" (OWNERS) (THE "TOJO MARU")

Salvage - Award - Salved vessel damaged by negligence of salvors' employee-Diminished award by arbitrator-Whether owners entitled to counterclaim for damage to salved vessel -Claim by salvors to limit liability-Whether right of set-off between salvors' salvage claim and owners' counterclaim-Whether right to limit liability applicable only to balance of counterclaim. Limitation of liability-Salvage-Salved vessel damaged by negligence of salvors' diver working from salvors' tug-Claim by salvors to limit liability-Whether negligent act of diver an act "on board" or in the "management" of salvors' tug-Right of owner of salved vessel to set-off by way of counterclaim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958.

[1971] 1 Lloyd's Rep. 341

DAULATRAM RAMESHWARLALL v. EUROPEAN GRAIN & SHIPPING LTD.

Sale of goods (c.i.f.) - Appropriation - Notice to be given by sellers by telex and confirmed later by letter - Notice given first by letter and confirmed later by telex - Whether buyers entitled to reject shipping documents - Plea of waiver and estoppel - London Oil and Tallow Trades Association, contract form no. 44. Arbitration - Award in form of special case - Arbitrators' duty to state facts fully.

[1971] 1 Lloyd's Rep. 368

MIDWEST SHIPPING COMPANY LTD. INC. v. D. I. HENRY (JUTE) LTD.

Charter-party - "Employment and indemnity" clause - Vessel ordered by time charterers to return to port of loading - Delay by master in complying with order - Whether instant compliance necessary - New York Produce Exchange time charter-party form.

[1971] 1 Lloyd's Rep. 375

ROLIMPEX CENTRALA HANDLU ZAGRANICZNEGO v. HAJI E. DOSSA & SONS LTD.

Sale of goods (f.o.b.) - Certificate of quality required by contract - Whether certificate conclusive - Whether certificate in correct form - Cattle Food Trade Association (Inc.) Rules. Arbitration - Award in form of special case - Functions of arbitrator and of Court - Evidence given before arbitrator generally immaterial to Court - When documents should be annexed to award. Arbitration - Costs - Difficulties involved in arbitrator making party pay security for costs of award - Arbitration Act, 1950, sects. 18 (1), (2), 19 - Cattle Food Trade Association (Inc.), rule 15.

[1971] 1 Lloyd's Rep. 380

D. H. R. MOODY (CHEMISTS) LTD. v. IRON TRADES MUTUAL INSURANCE COMPANY LTD.

Insurance (Motor) - Description of use - Car to be used for "social purposes" - Local council's twinning arrangements with French town - Car lent to council to take French visitors to airport - Car damaged on return journey - Whether car being used for "social purposes" - Liability of insurers.

[1971] 1 Lloyd's Rep. 386

PRACTICE DIRECTION

Chancery Chambers procedure - Powers of the Chancery Masters.

[1971] 1 LLOYD'S LAW REPORTS 390

CHRISTENSEN v. HINDUSTAN STEEL LTD.

Charter-party - Commencement of laytime - Notice of readiness to load - Whether notice stating that vessel would be ready at future date sufficient - Whether such notice an effective notice of anticipated readiness - "Gencon" form.

[1971] 1 Lloyd's Rep. 395

W. J. ALAN & CO. LTD. v. EL NASR EXPORT AND IMPORT COMPANY

Sale of goods (f.o.b.) - Coffee sold by Kenyan buyers to Egyptian sellers at "Shs. 262/-" per cwt. - Whether term meant English shillings or Kenyan shillings - Whether opening of irrevocable credit absolved buyers themselves from paying price - Whether currency of account varied by accepting payment under credit - Whether estoppel established - Whether claim barred by arbitration clause or arbitration award - Coffee Trade Federation f.o.b. contract, clauses 34, 36. Arbitration - Award - Error of law on face of award - Whether other documents incorporated into award - Whether arbitrators guilty of misconduct - Whether award should be set aside. Conflict of laws - Proper law - Process of determining "currency of account". Banking - Irrevocable letter of credit - Whether opening of credit absolved buyers themselves from paying price.

[1971] 1 Lloyd's Rep. 401

KLEIN v. CALUORI

Negligence - Vicarious liability - Car taken without owner's consent - Driven for borrower's purposes - Borrower instructed by owner to return car - Whether return journey made in part for owner's purposes - Liability of owner for negligent driving by borrower.

[1971] 1 Lloyd's Rep. 421

NOTTINGHAM v. ALDRIDGE AND POST OFFICE; PRUDENTIAL ASSURANCE COMPANY LTD. (THIRD PARTY)

Insurance (Motor) - Policy - Post Office trainee injured while travelling as passenger in van driven by fellow trainee - Driver given mileage allowance by Post Office for himself and also additional allowance for passenger in respect of journey to training establishment - Liability of insurers on their comprehensive policy with van owner (driver's father). Master and servant - Vicarious liability - Car allowance for servants, driver and passenger on trainee course of employers - Injury to passenger - Whether driver "in course of his employment" - Whether relationship of master and servant existed.

[1971] 1 Lloyd's Rep. 424

PRACTICE DIRECTION

Incompetent petitions for leave to appeal.

[1971] 1 LLOYD'S LAW REPORTS 437

KUM AND ANOTHER v. WAH TAT BANK LTD. AND ANOTHER

Conversion - Misdelivery of goods by carrier without production of mate's receipts - Whether mate's receipts equivalent to bills of lading - Custom of trade - Whether carriers and shippers estopped from denying consignee's right to possession and precluded from ordering delivery of goods to any other person - Liability of carrier. Mate's receipts - Whether documents of title - Effect of custom of trade and words "not negotiable". Bill of lading - Function - Whether to effect delivery as between consignee and consignor. Estoppel - Mate's receipts - Whether shipper and carrier estopped from denying consignee's right to possession.

[1971] 1 Lloyd's Rep. 439

MARZOUCA v. ATLANTIC AND BRITISH COMMERCIAL INSURANCE COMPANY LTD.

Insurance (Fire) - Condition - Hotel not to "become unoccupied for more than 30 days" - Risk of fire not to be increased - Hotel converted into flats - Night-watchman not in building - Inflammable material used and stored by contractors - Hotel burnt down - Meaning of "unoccupied" - Whether condition broken - Contra proferentem rule.

[1971] 1 Lloyd's Rep. 449

O'CONNOR v. B. D. B. KIRBY & CO. AND KIRBY

Insurance brokers - Motor insurance - Proposal form inaccurately filled in by brokers - Form handed to proposer for signature - Contents of form not checked by proposer - Car damaged - Liability repudiated by insurers on ground of mis-statement - Whether brokers liable to proposer.

[1971] 1 Lloyd's Rep. 454

MITCHELL v. MULHOLLAND AND MULHOLLAND

Damages - Assessment - Personal injuries - Whether actuarial instead of usual method to be adopted - Whether inflation to be considered. Evidence - Damages - Likelihood of inflation - Admissibility.

[1971] 1 Lloyd's Rep. 462

CLUB SPECIALITY (OVERSEAS) INC. v. UNITED MARINE (1939) LTD.

Forwarding agents - Duties - Instructions from customer to clear goods and hold for importers - Goods stolen from third party's warehouse while uninsured - Whether forwarding agents under duty to insure or warn customer that goods uninsured - Whether authorized to store goods in third party's warehouse.

[1971] 1 Lloyd's Rep. 482

PANAMANIAN ORIENTAL STEAMSHIP CORPORATION v. WRIGHT (THE "ANITA")

Marine insurance - Confiscation of vessel - Lloyd's policy - F.c. and s. clause deleted - Institute War and Strikes Clauses (Hulls-Time) incorporated - Vessel seized by Vietnamese authorities for carrying unmanifested goods - Confiscation of vessel ordered by Special Court - Whether loss by "restraint of people" and/or "barratry" - Validity of notice of abandonment - Whether vessel "constructive total loss" or "actual total loss" - Whether loss fell within exception clause - Marine Insurance Act, 1906, sects. 57 (1), 60 (2) (i) and 62 (2), schedule 1, rule 10 of Rules for Construction of Policy. Evidence - Exception - Burden of proof.

[1971] 1 Lloyd's Rep. 487

TAYLOR v. O. WRAY & CO. LTD.

Damages - Splitting of claim - Insured's car damaged - Insured's claim for personal injuries (including uninsured loss (excess under policy)) settled - Whether insured barred from suing for balance of cost of repairs to car - Nemo pro eadem causa debet bis vexari.

[1971] 1 Lloyd's Rep. 497

ASTRO VENCEDOR COMPANIA NAVIERA S.A. v. MABANAFT G. M.B.H.

Arbitration - Arbitration clause - Charter-party providing "Any dispute arising during execution of this Charter-party" - Award by umpire of damages for alleged wrongful arrest of vessel - Whether arrest after execution of charter-party within ambit of arbitration clause - Whether award in excess of umpire's jurisdiction.

[1971] 1 Lloyd's Rep. 502

OVERSEAS TRANSPORTATION COMPANY v. MINERALIMPORTEXPORT (THE "SINOE")

Charter-party - Demurrage - Discharge of vessel delayed by stevedores' incompetence - Cesser clause giving shipowners lien on cargo for demurrage - Lien not enforceable - Whether stevedores were shipowners' servants - Whether charterers excused from liability for demurrage.

[1971] 1 Lloyd's Rep. 514

LONDON AND OVERSEAS FREIGHTERS LTD. v. TIMBER SHIPPING COMPANY S.A.

Charter-party - Time charter-party - Redelivery of vessel - Whether hire at charter rate continued until redelivery if vessel used by charterers after expiry date of charter - Whether charterers in breach and owners entitled to damages only. Arbitration - Award - Interest on award - Power of arbitrators to award interest on sum awarded - Arbitration Act, 1950, sect. 20.

[1971] 1 Lloyd's Rep. 523

BOAL QUAY WHARFINGERS LTD. v. KING'S LYNN CONSERVANCY BOARD1

Docks and Harbours Act, 1966 - Licence to employ dock workers - Application by registered employers of dock workers before commencement of sect. 1 - Local licensing authority's decision to issue licence for employment of 13 dock workers - Appeal to Minister - Before ministerial inquiry applicants ceased to carry on dock business and had name removed from register of dock employers - Minister subsequently informed applicants their application would be refused because they no longer intended to employ dock workers - Whether applicants entitled to compensation from conservancy board under sect. 13 (1).

[1971] 1 Lloyd's Rep. 547

BURNS v. KONDEL

Practice - Application by insurers to set aside - Judgment in default of appearance - Motor accident - R.S.C., Order 13, r. 9 - Whether a defence on the merits.

[1971] 1 Lloyd's Rep. 554

COSH v. LARSEN

Pollution - Oil - Discharge of sunflower seed oil into water - Oil in Navigable Waters Act, 1955, sect. 3 - Whether sunflower seed oil within definition "oil of any description" in sect. 22 - International Convention for the Prevention of Pollution of the Sea by Oil. 1954.

[1971] 1 Lloyd's Rep. 557