Insurance - Accident - Legal liability - Shotgun unintentionally fired by defendant causing fatal injuries to G. - Violence threatened by defendant to G. before fatal shot - Defendant acquitted of murder/manslaughter - Liability of defendant to G.'s estate - Whether shooting an "accident" and covered by personal liability insurance - Whether public policy barred recovery. Damages - Fatal accident - Deceased husband living apart from family - Effect on dependency - Whether estate passing on intestacy should be deducted.
"Dock work" - Receiving and first piling timber - Whether "dock work" - Whether timber yard outside but "in the vicinity of" dock estates included in port of Cardiff - Meaning of "cargo" - Dock Workers (Regulation of Employment) (Amendment) Order, 1967, schedule 2.
Fire - Escape - Occupier's liability - Government department employing contractor to remove bungalows owned by local authority - Rubbish lighted by contractor contrary to department's orders-Damage to neighbouring property by fire - Liability of local authority - Whether authority was "occupier" - Whether contractor a "stranger" - Rule in Rylands v. Fletcher.
Charter-party - Time charter-party - "Owners not to be responsible . . . for damage or delay whatsoever and howsoever caused" - Master's refusal to enter nominated port of discharge - Additional expenses incurred by time charterers - Hire withheld - Whether shipowners liable for expenses and entitled to hire - "Baltime 1939" form, clause 13.
Damages - Assessment - Personal injury - Surgical operations on patient's inner ear - Liability for negligence admitted by surgeon - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Interest - Damages for personal injury - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act 1969, sect. 22.
United States - Bill of lading - Damage to cargo - Steel products damaged by rust due to sea water - Vessel fitted with MacGregor type hatch covers - Unseaworthiness - "Perils of the sea" - Liability of carrier- United States Carriage of Goods by Sea Act, 1936, sect. 3 (1) (2), sect. 4 (2) (c) (46 U.S.C., sect. 1300 et seq.).
Charter-party - Voyage charter-party - Demurrage - Failure of charterers to nominate port of discharge - Port selected by master - Whether vessel "arrived ship" - Whether damages for detention payable - Measure of damages - Burden of proof of loss - Baltimore Form C charter-party.
Conflict of laws - Contract of employment - Plaintiff employed by Dutch company on drilling rig off Nigerian coast - Contract concluded in England - Whether English law or Dutch law proper law of contract - Effect of compensation clause in contract.
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 - Ostensible authority - Whether principals' silence sufficient - 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.
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.
Docks and Harbours Act, 1966 - Licence to employ dock workers - Applications for licences by registered employers - Applications granted subject to conditions - Appeal to minister - Revocation of application prior to decision of minister - Applications refused - Whether applicants entitled to compensation from conservancy board under sect. 13 (1).
Limitation of action-Asbestosis-Claim by mill workers against employers for causing asbestosis-Whether action statute-barred- Actual or constructive knowledge of "material facts" of "decisive character"-Asbestos Industry Regulations, 1931-Limitation Act, 1963, sects. 1 (3), 7 (3), (4), (8). Damages - Personal injuries - Quantum - Asbestosis - Loss of amenities of life. Damages - Severance of items of damage - Overlapping.
Insurance - All risks - Jewellery to be covered while at assured's bank - Wording on slip extending policy, subject to advice to brokers, to items taken out of bank - Liability of underwriters for loss of jewellery which had not been deposited in a bank - Broker's slip analysed - Whether underwriter taking line making or accepting offer. Insurance - Practice - Slip - Effect of underwriters' amendment to broker's slip.
Negligence - Nuisance - Duty of care - Foreseeable damage - Damage to factory wall adjoining canal due to barges hitting and being moored to canal wall - Congestion of traffic in canal - Escape of water from damaged wall into factory premises - Whether canal authority liable in negligence and/or nuisance - Applicability of rule in Rylands v. Fletcher - Lee Navigation Act, 1767, sect. 3 - Transport Act, 1962, sect. 10 - General Rules and By-laws for the regulation of the River Lee, by-laws 11, 13.
Building contract - Sub-contract - R.I.B.A. forms - Interim certificate of money due to sub-contractors - Delay by sub-contractors causing work to be held up on main contract - Alleged loss to main contractors - Whether main contractors had right to withhold payment of money due to sub-contractors.
Road Safety Act, 1967 - Trailer unit hauled between England and Continent - Trailer without necessary plating and test certificates - Whether trailer exempted under Goods Vehicles (Plating and Testing) Regulations, 1968 - Meaning of "temporarily".
Charter-party (Time) - Safe port - Vessel trading in war zone - Charterers contributing to owner's war risks premium - Vessel ordered to Suez and made constructive total loss by shell fire - Meaning of "always lie safely afloat" - Whether implied obligation not to order vessel to unsafe place - Effect of employment and indemnity clause - Liability of charterers.
Canada - Bill of lading - Damage to cargo - Peat moss in pallets stowed four pallets high - Goods found damaged on discharge - Whether goods properly stowed - Whether loss due to "perils of the sea" - Whether "inherent vice" in goods - Whether goods "insufficiently packed" - Whether damage arose "without carrier's fault and privity" - Burden of proof - Liability of carrier. Evidence - Inspection report commissioned on behalf of cargo owner's underwriters - Whether admissible.
Contract - Meat stored in cold store - Mould discovered on redelivery - Whether meat suffered from inherent vice - Storage temperature too high - Liability of store owner. Damages - Interest - Award of 1 per cent. above bank rate.
Insurance (Motor) - Motor Insurers' Bureau - Passenger in car killed in collision - Driver solely responsible - Judgment against him unsatisfied - Regular payments by passengers to driver - Whether carried for "hire or reward" - Whether enforceable contract necessary - Liability of Bureau - Motor Insurers' Bureau Agreement, June, 1946 - Road Traffic Act, 1960, sect. 203 (4) proviso.
Insurance (Motor) - Motor Insurers' Bureau - Passenger in minibus injured in collision - Driver solely responsible - Judgment against him unsatisfied - Regular contributions by passengers to cost of petrol - Whether carried for "hire or reward" - Whether enforceable contract necessary - Liability of Bureau - Motor Insurers' Bureau Agreement June, 1946 - Road Traffic Act, 1960, sect. 203 (4) proviso.
Insurance (Motor) - Motor Insurers' Bureau - Passenger injured when bus braked violently - Untraced van driver responsible for accident - Bus company sued by passenger at Bureau's request - Whether Bureau entitled to be added as party to action - Motor Insurers' Bureau Agreement of Apr. 21, 19691 - R.S.C., Order 15, r. 6 (2) (b). Practice - Joinder of parties - Whether Motor Insurers' Bureau entitled to be added as party - R.S.C., Order 15, r. 6 (2) (b).
Collision - Crossing vessels - Duty on give-way vessel to take early and positive action - Duty on stand-on vessel to keep her course - Whether master at fault in failing to take compass bearings of approaching vessel - Failure to sound signals - Collision Regulations, 1960, rules 19, 21, 22 and 28; Steering and Sailing Rules.
Customs (Import Deposits) Act, 1968-Import deposit - Repayment - Whether option on Customs to repay payer or person named in entry statement as payer-Estoppel-Whether entry statement created contractual relationship between Customs and importer - Whether importer or purchaser of goods was "person by whom import deposit was paid" - Sect. 1 (1), (2).
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.
Damages - Assessment - Personal injury - Surgical operations on patient's inner ear - Liability for negligence admitted by surgeon - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Interest - Damages for personal injury - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22.
Damages - Assessment - Personal injuries - Future loss of earnings - Plaintiff living in area of high unemployment - Probability of new industries - General damages - Crush fractures of pelvic area - Impotency.
Insurance - Developer intending to develop property-Property subject to restrictive covenant-Policy issued against possibility of covenant being enforceable so as to prevent development-"Persons claiming to enforce covenant"-Meaning of "claim"-Whether claim initiated before commencement of policy was outside its ambit-Defence of proceedings by third party undertaken by insurers- Whether insurers estopped by conduct from denying liability on policy. Estoppel-Conduct of insurers-Representation of law not estoppel.
Canada - Damages - Interest - Successful action by plaintiff cargo-owner for "damages sustained by cargo"-Reference to Registrar of "damages and interest . . . the subject of dispute" - Whether Registrar entitled to award interest in respect of period prior to his report.
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.
United States - Carriage by sea - "Carrier" defined in bill of lading as including "all persons rendering services in connection with . . . this contract" - Carrier entitled to limit liability to $500 per package - Cargo dropped by stevedores onto plaintiffs' cargo already stowed - Whether stevedores could rely on limitation provision in bill of lading.
Damages - Mitigation - Car damaged beyond repair - Plaintiff hired car while awaiting delivery of new car - Delay in delivery of new car - Whether plaintiff failed to mitigate damage by not buying second-hand car immediately.
Practice - Summary judgment - Port agency agreement-Claim for balance of account- Whether signatory personally liable-Effect of presumption that foreign law the same as English law-Whether "an issue or question in dispute which ought to be tried" - R.S.C., Order 14, r. 3 (1).
Practice - Action - Dismissal for want of prosecution - Personal injury action - "Without prejudice" offer followed by inordinate and inexcusable delay - Whether substantial risk of serious prejudice to defendant - Effect of undertaking by plaintiff's Counsel to limit claim - Whether fact that plaintiff barred from claiming over relevant.
Interest - Damages for personal injuries - Date from which interest should run against co-defendant/third party - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Damages - Assessment - Personal injuries - Head injuries - Diplopia and headaches; breathlessness (improved by post-trial tracheotomy) - Whether general damages of £8000 (for pain and suffering) too high. Negligence - Apportionment of liability - Stationary unlit car - Oncoming car swerved to off side and involved in head-on collision - Apportionment between car owners.
Pilotage - Unlicensed pilot - Vessel changing moorings within London Pilotage District - Pilotage by licensed waterman not licensed as a pilot - Whether an offence - Whether pilot station displaying pilot flag an "offer" by licensed pilots - Right of licensed pilots to supersede unlicensed pilot - Effect of London Pilotage District By-laws, Part IX, by-law 2 - Pilotage Act, 1913, sects. 11, 30 (1), (3), 32.
Charter-party (Voyage) - Gencon form British ship chartered to Dutch charterers - Whether charter-party governed by English law - Dutch law applying Netherlands Commercial Code (Hague Rules) to carriage by sea from Dutch ports - Whether Gencon exception clause overridden - Whether English Court should give leave under R.S.C., Order 11 to serve notice of writ issued by shipowners against charterers. Practice - Writ - Charter-party governed by English law - Whether English Court will give leave to British shipowner to serve notice of writ out of jurisdiction - Foreign defendant deprived of rights under laws of his own country - Effect - R.S.C., Order 11.
Bill of lading - Himalaya clause - Whether stevedore entitled to protection of exemption and limitation clauses in bill of lading - Whether contract between consignee and stevedore. Contract - Consideration - Whether performance of or promise to perform an obligation already imposed on a party on a different contract is sufficient consideration to support a new contract between that party and a new party. Stevedores - Negligence - Damage to cargo - Whether stevedores entitled to benefit of Himalaya clause in bill of lading.
Negligence - Duty of care - Rescue - Passenger lost after fall overboard from pleasure boat - Alleged negligence by boat-owner in rescue attempt - Whether legal duty on boat-owner to go to rescue of passenger who had fallen overboard in the circumstances without negligence on part of boat-owner - Standard of conduct applicable to such duty - Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat-owner's negligence - Liability of boat-owner to rescuer - Whether early warning to rescuer by boat-owner to confine himself to the cockpit or cabin put rescuer's intervention beyond boat-owner's reasonable contemplation - Volenti non fit injuria.
United States - Bill of lading - Goods discharged in rusty condition - Whether consignees' action statute-barred - Whether period of limitation ran from "discharge" of goods or from "delivery" - U.S. Carriage of Goods by Sea Act, 1936, sect. 3 (6) (46 U.S. Code, sect. 1303 (6)).
United States - Marine insurance - Louisiana Direct Action Statute (L.A.R.S. 22, sect. 655 (Supp. 1964)) - Shipowners' vessel damaged by ship-repairers' negligence - Liability limited by Red Letter clause in contract - Whether benefit of clause available to insurers-Whether interest also recoverable- Whether liability to pay interest fell on primary insurer or excess insurer - Time from which interest payable. Interest - Whether recoverable under Red Letter clause-Time from which payable - Liability of primary insurer and excess insurer.
Dock - Dock labour scheme - Meaning of "Dock estate" - Whether discharge of iron ore from ship to stock-yard from new jetty and harbour at Port Talbot, not previously performed by registered dock workers, was "dock work" - Meaning of "Discharging from ship," "cargo" - Whether 1967 scheme applied only to dock estate at Port Talbot as existing in 1947 - British Transport Docks Act, 1964, sect. 28 -Dock Workers (Regulation of Employment) (Amendment) Order, 1967, schedule 2.
Charter-party (Voyage) - Laytime - Commencement - Notice of readiness tendered on public holiday for port - Whether effective - Finding by umpire of agreement between parties' agents - Whether Court bound - Baltimore Berth Grain Form C.
Charter-party (voyage) - Bunker fluctuation clause - Freight based on dollars - Bunker fluctuation clause based on fuel suppliers' price lists - Lists expressed in sterling and dollars - Effect of devaluation of sterling - Whether currency of account dollars or sterling. Conflict of laws - Contract - Charter-party - Proper law of account - Whether determined by law of contract - Whether legal concept of proper currency of account.
United States - Carriage by sea - Loss of cargo (in container) - Limitation of carriers' liability - Validity of bill of lading clause treating container as a "package" - Whether terminal operator entitled to benefit of limitation clause in bill of lading - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1304 (5)1).
Negligence - Duty of care - Mate of barge drowned when barge foundered due to fouling of propeller by rope - Whether skipper negligent in deciding to sail in bad weather conditions-No possibility of dropping anchor -Advice by Nautical Assessor accepted by Judge.
Charter-party (Voyage) - Arbitration clause - Austwheat form - Claim barred if arbitrator not appointed within 12 months of date of vessel's arrival at final port of discharge - Vessel damaged - Claim by shipowners for general average contribution from charterers - Arbitrators not appointed within time limit-Whether claim a "dispute" within arbitration clause - Whether charterers estopped from relying on clause - York-Antwerp Rules, 1950. Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27. Estoppel - Whether charterers estopped from relying on arbitration clause.
Ship-repairers - Alleged defective hatch covers and hatches-Liability of ship-repairers for defects in design - Swedish Shipbuilders' Association General Regulations (1956), regs. 11, 13 - Whether ship-repairers liable for detention of vessel while undergoing remedial work - Meaning of "indirect damages" - Whether claims time-barred. Arbitration - Consultative case stated by arbitrators - Questions of law - Court requested to express an opinion on questions of law arising on facts assumed by the arbitrators and further facts to be assumed by Court - Comments by Court - Arbitration Act, 1950, sect. 21 (1) (a).
Arbitration - Motion to set aside - Disputes between commodity brokers and customer - Disputes referred to arbitrators appointed by London Cocoa Terminal Market Association - Request by customer for viva voce hearing - Allegation that party's not fully heard by arbitrators - Whether agreement to arbitrate - Whether Court should remit or set aside.
Carriage of goods - Loss in transit - Watches stolen from unattended and open van - Whether negligence by van driver - Van hired from carrier by forwarding agents - Whether carrier entitled to rely on conditions of carriage as against customer - Liability of forwarding agents to indemnify carrier under conditions of carriage - Whether conditions wide enough to cover carriers' own negligence-Road Haulage Association Ltd.'s Conditions of Carriage (1967), conditions 3 (4), 12. Forwarding agents-Hire of van from carrier- Whether subject to Road Haulage Association Ltd.'s Conditions of Carriage (1967)-Liability of forwarding agents to indemnify carrier- Whether indemnity clause wide enough to cover carriers' own negligence-Condition 3 (4).