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. Arbitration - Award - Motion to set aside - Special case not requested - Charter-party clause not set out in award - Whether Court entitled to look at charter-party - Comments by Roskill, L.J.
Practice - Date of trial - Personal injuries - Damages - Prolonged unconsciousness and brief expectation of life-No damages for loss of earnings during "lost years" - Whether date of trial should be vacated with liberty to apply to enable dependants to recover full compensation.
Building contract - R.I.B.A. Contract Form "Private Edition (With Quantities)"-Interim certificates-Whether building owner entitled (i) to set off or counterclaim sums in respect of alleged defects or (ii) challenge calculation of sums by architect.
Charter-party (Voyage)-Option of free discharge exercisable "on or before completion of loading"-Whether option exercised-Bill of lading clause declaring free discharge-Burden of proof-Baltimore Berth Grain Form C.
Charter-party (Time)-Hire to be paid in cash - Shipowners' bank account credited - Withdrawal of vessel from services of charterers - Whether shipowners accepted variation in mode of payment - Whether payment made before withdrawal of vessel - Whether withdrawal justified. Arbitration - Award - Jurisdiction to remit award - Remission to umpire to produce evidence in support of facts found in award.
Canada - Bill of lading - Tin shipped at Penang for delivery at Hamilton, Ontario - Discharge of tin begun at Toronto - Hatch beam loose and propped up with rubber - Fire causing rubber to melt and coat tin - Whether shipowner liable - Vessel destroyed by fire - Whether general average contribution claimable by shipowner - Bill of lading incorporating U.S. Carriage of Goods by Sea Act 1936 (46 U.S. Code, sect. 1300) and U.S. Fire Statute (46 U.S. Code, sect. 182) - U.S. law to apply to contract - Whether vessel unseaworthy - Whether deviation went to root of contract - York-Antwerp Rules, 1950. General average - York-Antwerp Rules, 1950 - Deviation of vessel - Whether general average contribution claimable by shipowner.
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. Conflict of laws - Charter-party - Proper law - Whether law of flag of importance - Effect of invalidity of charter-party clause under foreign law. 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.
Pilotage - Unlicensed pilot - Vessel moved within London Pilotage District - Pilotage by licensed waterman not licensed as pilot - Offer by licensed pilots refused by ship's master - Whether an offence - London Pilotage District By-laws, part IX, by-law 2 - Pilotage Act, 1913, sects. 30, 32.
Pilotage - Unlicensed pilot - Vessel piloted to final destination within London Pilotage District - Pilotage by licensed waterman not licensed as a pilot - Whether an offence - Whether a "movement" for purpose of by-laws - Whether pilot station displaying pilot flag an "offer" by licensed pilots - London Pilotage District By-laws, part IX, by-law 2 - Pilotage Act, 1913, sects. 30, 32.
Banking - Paying bank - Duty of care - Account opened by company - Cheque drawn on account by directors without authority - Whether bank put on inquiry - Whether bank was constructive trustee of money paid into account without authority. Trustee - Constructive trust - Cheque paid into company's account with bank by directors without authority - Whether knowledge of directors' fraudulent design imputed to bank - Whether bank was constructive trustee. Company - Directors - Breach of duty.
Banking-Set-off or combination of accounts- Customer (company) indebted to bank on loan account-Right of bank to set off against or combine with credit in current account- Agreement between bank and customer to keep accounts separate in absence of "material change of circumstances"-Whether notice of meeting of creditors a "material change"- Whether agreement only terminable by reasonable notice before customer wound up -Applicability of Bankruptcy Act, 1914, sect. 31; as applied by Companies Act, 1948, sect. 317-Whether "dealings" between bank and customer were "mutual"-Whether possible to contract out of provisions of sect. 31. Bankruptcy - Set-off - Customer's (company's) loan and current accounts with bank-Whether dealings "mutual" - Whether possible to contract out of rights under Bankruptcy Act, 1914, sect. 31; as applied by Companies Act, 1948, sect. 317.
Limitation of action - Personal injuries - Actual or constructive knowledge of worthwhile cause of action - Plaintiff injured on Mar. 2, 1948 - Seriousness of injury not diagnosed until 1958 - Plaintiff advised by union that he had no claim in damages - Acceptance of workman's compensation - Writ issued on Jan. 15, 1970 - Whether cause of action implicitly given by Limitation Act, 1963, sect. 1 (3) (a); sect. 7 (3).1 Workman's compensation - Seriousness of injury not diagnosed - Whether injured workman knew that payments were workman's compensation - Whether claim barred by Workmen's Compensation Act, 1925, sect. 29.2
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-Contract Form No. 34 (a).
Collision - Damages - Detention - Mitigation - Whether permanent repairs to damaged vessel should have been carried out while vessel was trading - Whether plaintiffs acted reasonably - Whether daily rate of profit lost was too high.
Negligence - Employer's liability - Excessive noise in workshop - Deafness caused to workman - Ear plugs provided for protection of workmen - Whether employers should have provided ear muffs - Whether employers under duty to take steps to persuade workmen to use muffs - Effect of workman's failure to wear muffs. Damages - Personal injuries - Deafness - Part of claim statute-barred - Calculation of damages. Limitation - Personal injuries - Workman engaged in chipping shop - Deafened by noise - Whether workman ought to have taken advice at earlier date - Sect. 7 (3), (4) and (5) of Limitation Act, 1963 - Whether workman had knowledge of material facts of a decisive character - Sect. 1 (3) of Limitation Act, 1963, [as amended by sect. 1 (1) (a) of the Law Reform (Miscellaneous Provisions) Act, 1971] - Calculation of award.
Practice - Injunction - Instructions given by Union to members not to permit cargo to be handled by non-dock workers - Application by dock employers for injunction on grounds that instruction unlawful - Whether Court will grant injunction ex parte.
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.
Negligence - Volenti non fit injuria - Car passenger injured in motor accident - Driver not insured against passenger liability - Notice on windscreen stating that passengers carried at their own risk - Negligence admitted by driver but liability denied - Whether driver liable.
Contract - Sale of land - Warranty - Purchase of bungalow - Bungalow built on old chalk pit - Subsidence of building - Whether implied warranty as to fitness given by vendor - Whether action statute-barred - Plea of "concealed fraud" on part of vendor - Measure of damages - Limitation Act, 1939, sects. 2 (1), 26. Damages - Measure - Remoteness. Limitation of action - Plea of "concealed fraud" - Whether action statute-barred - Limitation Act, 1939, sect. 2 (1), 26.
Collision - Causation - Yachts racing under International Yacht Racing Union rules - Right-of-way yacht forced to bear away to avoid give-way yacht - Collision between right-of-way yacht and third yacht - Give-way yacht and third yacht disqualified by sailing committee - Whether decision of sailing committee final - Whether give-way yacht liable for subsequent collision - I.Y.R.U., rules 36, 41.2, 72.1, 72.4 - Royal Yachting Association prescription.
Negligence - Duty of care - House built by builder with faulty foundations - Foundations passed as fit by local authority's inspector - Subsidence of house - Whether duty of care owed to purchaser by inspector and local authority - Public Health Act, 1936 - Bognor Regis Urban District Council By-Laws, by-law 18.
Insurance (Aviation) - War risks - Aircraft destroyed on ground at Beirut airport by Israeli forces - War risk covered "at additional premium to be agreed leading underwriter" - No attempt to reach agreement - Whether clause as to liability arising out of "unprovoked incidents arising during normal course of assured's operations" incorporated into "slip" - Meaning of "as expiring" - Whether clause as to liability for incidents occurring "over Arab/Israel territory" applicable - Liability of insurers. Evidence - Admissibility of evidence as to intention and understanding of parties to insurance contract.
Contract - "Unit trust life assurance policy" scheme - Agreement by investment company solely to market policies underwritten by insurance company - Policies to be linked to unit trust - Investment company marketing policies linked to internal fund managed by another insurance company - Whether breach of contract. Contract - Construction - Effect of recitals - Contra proferentem rule. Practice - Injunction - Whether undertaking sufficient.
Collision - Fog - Canal - Collision between anchored vessel and following vessel - Whether following vessel should have appreciated that vessel was anchoring ahead - Whether anchored vessel should have sounded attention signals - Alleged failure to properly use radar - Lower Scheldt Shipping Regulations, arts. 2 (3), 23 (2), 47, 48 (1) (4), 49.
Company - Insurance company - Petition for compulsory winding-up presented - Appointment of Official Receiver as provisional liquidator before winding-up order made - Appointment of special manager - Whether appointment justified - Discretion of Court - Companies Act, 1948, sect. 238 - Insurance Companies Act, 1958, sects. 13, 15 - Companies Act, 1967, sect. 35.
Sale of goods (f.o.b.) - Coffee sold by Kenyan sellers to Egyptian buyers 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.
Marine insurance - Total loss of vessel - Scuttling with connivance of assured alleged by insurer - Whether assured entitled to particulars of allegation - Marine Insurance Act, 1906, sect. 55 (2) (a) - R.S.C., Order 18, r. 12 (1) (a), Order 72, r. 7 (2) - Effect of delay. Commercial Court-Practice-Marine insurance - Allegation of scuttling - Whether assured entitled to particulars.
Costs - Personal liability of company's solicitors - Appointment of provisional liquidator to company - Extent of company's directors' residual power to instruct solicitors and Counsel. Company - Directors - Appointment of provisional liquidators - Whether residual powers of directors extended to instructing solicitors on motion to discharge provisional liquidator.
Admiralty practice - Jurisdiction - Tug hired by shipowner under towage contract - Tug sunk in collision - Claim against shipowners for indemnity - Proceedings in rem against sister ships - Whether claim "arising out of any agreement relating to the . . . use or hire of a ship" - Whether jurisdiction to entertain claim for specific performance - Administration of Justice Act, 1956, sect. 1 (1) (d), (e), (h), (k), 3 (4) - Supreme Court of Judicature (Consolidation) Act, 1925, sects. 22 (1) (a), 36, 37, 42, 43, 225.
United States - Bill of lading - Shipment of fertilizer in leaky condition - Letter of guarantee against clean bill of lading - Claim by carrier in contract for rebagging expenses - Letter of guarantee contrary to United States Carriage of Goods by Sea Act, sect. 3 (8)- Whether carrier estopped from proving true conditions of goods.
United States - Bill of lading - Limitation of liability - Whether $500 per package limitation constituted total recovery against both carrier and stevedore - United States Carriage of Goods by Sea Act (46 U.S. Code, sects. 1300-1311).
Collision - Fog - Defective radar and visual look-out - Alleged excessive speed and failure to take avoiding action-Whether entrance to Bosphorus a "narrow channel" - Collision Regulations, 1960, rules 16 (b), 25.
Admiralty practice - Limitation of liability - Interest on limitation fund - Whether same rate as at common law - Merchant Shipping Act, 1894, sect. 503 - Effect of (i) public policy; (ii) parties being foreign.
Limitation of liability - Actual fault or privity - Collision in River Thames - Alleged failure to instruct master not to navigate in Thames without pilot or to ensure that master had sufficient knowledge to navigate in Thames (by providing copies of river by-laws) - Running of ship left to competent and conscientious master. Admiralty practice - Costs - Limitation action - Whether successful plaintiff should pay defendants' costs - Discretion of Court - R.S.C., Order 62, r. 3 (2).
United States-Bill of lading-Unseaworthiness -Cargo damaged by sea-water-Defective cover and hole in tank coaming - Whether shipowner and/or shipbuilder and/or manufacturer of hatch cover liable-Jurisdiction in admiralty-Privity of contract-Contribution between tortfeasors-United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1303 (1) (a), 1304 (1). United States - Jurisdiction - Admiralty - Shipbuilding contract-Tort. United States-Contract-Privity of contract. United States - Tort - Contribution between tortfeasors.
Sale of goods (c.i.f.)-"Cape surcharge buyer's account" - Sale of jute - Cape surcharge applied by conference vessels - Part of contractual quantity shipped on non-conference vessels - Bills of lading marked "freight paid"; amount and Cape surcharge not mentioned - Liability of buyers to pay Cape surcharge.
Charter-party - 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.
Collision - Vessel leaving berth in canal - Overtaking vessel proceeding down canal - Alleged negligent navigation - General By-laws for Harbour and Port of Manchester, 1963, by-laws 3, 4, 7, 8, 11, 17, 18, 27, and 42.
Carriage of goods-Exemption clause-Cameras stolen from unattended open lorry-Alleged deviation-Negligence-Whether immobilizer should have been fitted-Whether driver should have had a mate-Fundamental breach -Liability of forwarding agent and carrier. Forwarding agent - Exemption clause in contract-Liability for loss of goods in transit -Alleged fundamental breach.
United States - Bill of lading - Limitation of carrier's liability - Damage to cargo (42-ft. cruiser carried in cradle) - Whether a "package" or "customary freight unit" - Whether carrier's liability limited to $500 - United States Carriage of Goods by Sea Act (46 U.S. Code, sect. 1304 (5)).
Estoppel - Correspondence - Whether ambiguous - 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.
Charter-party (Time) - Exception clause - "Money paid in advance and not earned" to be repaid to charterers - Fire and other perils excepted in same clause - Loss of vessel by fire - Whether charterers entitled to repayment of hire not earned.
United States - Charter-party (Voyage) - Frustration - Vessel chartered from U.S. port to Bombay - Suez Canal subsequently closed by outbreak of war - Vessel proceeded via Cape of Good Hope - Whether shipowners entitled to additional freight - Whether charter-party frustrated - Liberties clause - American Tanker Rate Schedule.
Insurance - Non-disclosure - Proposal form completed by insurers' agent on their instructions - Mistake by agent in stating that no previous policy had lapsed, or previous loss been sustained - Declaration in proposal form that agent was agent of insured - New policy issued - Loss of insured's goods by theft - Repudiation of liability by insurers alleging non-disclosure of lapse of policy or of previous loss - Whether declaration could be relied on by insurers to avoid liability - Whether policy affirmed by collection of further premiums after loss. Insurance agent - Proposal form completed by agent - Scope of authority.
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.
Conflict of laws - Jurisdiction - Foreign sovereign immunity - Whether provincial government in Argentine Republic and provincial bank entitled to plead immunity. Practice - Writ - Whether application to extend writ after its expiry was valid - Whether notice of writ should contain reference to its extension - R.S.C., Order 6, r. 8(2). Practice - Costs - Successful party not present or represented at judgment to ask for costs - No order as to costs.
Charter-party (Voyage) - Despatch money - "Laytime allowed for loading and discharging to be reversible" - Whether provision obligatory or charterers had option - Chamber of Shipping Fertilizers Form, 1942- Whether finding of custom by arbitrator. Arbitration - Award - Decision by umpire on construction of charter-party - Whether finding of custom.
United States - Charter-party - Cargo insurance clause - Insurers' rights of subrogation against carrier waived - Whether clause valid or contrary to public policy - Damage to cargo due to negligence of carrier - Whether clause applicable only to proportion of amount paid by cargo insurers. United States - Marine insurance - Subrogation - Rights of subrogation against carrier waived by assured under cargo insurance clause - Whether clause valid or contrary to public policy.
Practice - Action - Dismissal for want of prosecution - Inordinate and inexcusable delay - Whether defendants waived accrued rights or acquiesced in delay - Whether delay caused prejudice. Costs - Liability of solicitors where former clients' action dismissed for want of prosecution.
Contract - Compromise - Money lent in exchange for cheques - Cheques not met - Action on cheques-Issue of unlawful moneylending raised in defence - Action settled by bona fide compromise on advice of Counsel and solicitors - Breach of compromise agreement by debtor - Whether defence of unlawful moneylending maintainable.
Building contract - R.I.B.A. form (sub-contract) - Interim and final payment - Delay in completion of sub-contract - Interim payments made in part - Part of final payment withheld - Total value of work certified by surveyor employed by main contractors - Whether surveyor, when giving certificate of value, entitled to deduct unliquidated damages in respect of delay - Clauses 13 (b) (c), 14.
Admiralty practice - Stay of proceedings - Lis alibi pendens - Collision in Belgium - Five actions arising out of collision pending against defendants in Antwerp Court - Whether action in rem commenced in England should be stayed - Balance of convenience - Whether action oppressive or vexatious - Whether plaintiff prejudiced or injustice to defendants - Principles on which discretion should be exercised summarized.
Guarantee-Finance of hire-purchase agreements - Promissory notes given to finance company by dealer - Assignment to finance company of benefit of hire-purchase agreements - Guarantee by third party that dealer would not default on promissory notes - Default by third party - Whether assignment really mortgage - Whether advance by finance company was "banking facility" - Liability of guarantor - Contra proferentem rule. Hire-purchase - Assignment of benefit of hire-purchase agreement - Whether assignment really mortgage.
 1 Lloyd's Rep. 546
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