You are here:
Print Editions
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
Browse Archive by Year
1919
1920
1921
1922
1923
1924
1925
1926
1927
1928
1929
1930
1931
1932
1933
1934
1935
1936
1937
1938
1939
1940
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Browse 1972 Archive by Volume
Reports for Volume 1, 1972
NIPPON YUSEN KAISHA v. ACME SHIPPING CORPORATION (THE "CHARALAMBOS N. PATERAS")
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.
[1972] 1 Lloyd's Rep. 1
MURRAY v. SHUTER, N. & S. COACHES LTD., AND NATIONAL COAL BOARD
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.
[1972] 1 Lloyd's Rep. 6
FREDERICK MARK LTD. v. SCHIELD
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.
[1972] 1 Lloyd's Rep. 9
BELSHIPS CO. LTD. SKIBS A/S v. PRESIDENT OF INDIA (THE "BELFRI")
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.
[1972] 1 Lloyd's Rep. 12
ZIM ISRAEL NAVIGATION CO. LTD. v. EFFY SHIPPING CORPORATION (THE "EFFY")
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.
[1972] 1 Lloyd's Rep. 18
DREW BROWN LTD. v. THE "ORIENT TRADER" AND OWNERS
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.
[1972] 1 Lloyd's Rep. 35
HOBBS, SAVILL & CO. LTD. v. THE "VASILIA" (OWNERS) ALBARAN BAY CORPORATION
Admiralty practice - Appraisement and sale - Order to lie in office until crew repatriated - Leave given to mortgagees to make payments to master and crew.
[1972] 1 Lloyd's Rep. 51
COAST LINES LTD. v. HUDIG AND VEDER CHARTERING N.V.
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.
[1972] 1 Lloyd's Rep. 53
CROUCH v. McMILLAN
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.
[1972] 1 Lloyd's Rep. 62
MONTAGUE v. BABBS
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.
[1972] 1 Lloyd's Rep. 65
KARAK RUBBER COMPANY LTD. v. BURDEN SAME v. CROSS SAME v. MINORIES TRADING & SECURITIES LTD. SAME v. BARCLAYS BANK LTD. SAME v. STANLEY STEWART LTD. SAME v. TRUSTEE OF THE PROPERTY OF BURDEN
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.
[1972] 1 Lloyd's Rep. 73
NATIONAL WESTMINSTER BANK LTD. v. HALESOWEN PRESSWORK & ASSEMBLIES LTD.
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.
[1972] 1 Lloyd's Rep. 101
KNIPE v. BRITISH RAILWAYS BOARD
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
[1972] 1 Lloyd's Rep. 122
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-Contract Form No. 34 (a).
[1972] 1 Lloyd's Rep. 139
PRACTICE DIRECTION
[1972] 1 Lloyd's Rep. 147
THE "NAXOS"
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.
[1972] 1 Lloyd's Rep. 149
S. & M. HOTELS LTD. v. LEGAL AND GENERAL ASSURANCE SOCIETY LTD.
Insurance (Householder's Comprehensive) - Collapse of insured hotel - Whether due to "storm" - Whether insured failed to maintain hotel in proper state of repair - Contra proferentem rule.
[1972] 1 Lloyd's Rep. 157
BERRY v. STONE MANGANESE & MARINE LTD.
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.
[1972] 1 Lloyd's Rep. 182
HULL & HUMBER CARGO HANDLING CO. LTD. AND ANOTHER v. TRANSPORT & GENERAL WORKERS' UNION AND OTHERS
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.
[1972] 1 Lloyd's Rep. 197
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.
[1972] 1 Lloyd's Rep. 201
BIRCH v. THOMAS
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.
[1972] 1 Lloyd's Rep. 209
KING v. VICTOR PARSONS & CO.
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.
[1972] 1 Lloyd's Rep. 213
MEGGESON v. BURNS
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.
[1972] 1 Lloyd's Rep. 223
DUTTON v. BOGNOR REGIS UNITED BUILDING COMPANY LTD. AND BOGNOR REGIS URBAN DISTRICT COUNCIL
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.
[1972] 1 Lloyd's Rep. 227
PRACTICE DIRECTION
Court procedure-Fixing dates for hearing in the Revenue List.
[1972] 1 Lloyd's Rep. 251
BANQUE SABBAG S.A.L. v. HOPE AMERICAN AIRLINES INC. v. HOPE
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.
[1972] 1 Lloyd's Rep. 253
ROYAL INSURANCE COMPANY LTD. v. G. & S. ASSURED INVESTMENT COMPANY LTD. AND GROWTH AND SECURED LIFE ASSURANCE SOCIETY LTD.
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.
[1972] 1 Lloyd's Rep. 267
THE "ESSO BRUSSELS"
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.
[1972] 1 Lloyd's Rep. 286
IN RE UNION ACCIDENT INSURANCE CO. LTD.
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.
[1972] 1 Lloyd's Rep. 297
PRACTICE DIRECTION
Child - Court proceedings in relation to children - Proceedings in private - Publication of information - Transcripts - Leave to obtain.
[1972] 1 Lloyd's Rep. 310
PRACTICE DIRECTION
Administration of estates - Grant of administration - Solicitor's office reference. Probate - Grant - Solicitor's office reference.
[1972] 1 Lloyd's Rep. 310
PRACTICE DIRECTION
Child - Matrimonial causes - Applications relating to children - Reservation to Judge who first deals with matter.
[1972] 1 Lloyd's Rep. 311
W. J. ALAN & CO. LTD. v. EL NASR EXPORT AND IMPORT CO.
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.
[1972] 1 Lloyd's Rep. 313
ASTROVLANIS COMPANIA NAVIERA S.A. v. LINARD (THE "GOLD SKY")
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.
[1972] 1 Lloyd's Rep. 331
IN RE UNION ACCIDENT INSURANCE CO. LTD.
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.
[1972] 1 Lloyd's Rep. 340
THE "CONOCO BRITANNIA" AND OTHER VESSELS
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.
[1972] 1 Lloyd's Rep. 342
HELLENIC LINES LTD. v. CHEMOLEUM CORP.
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.
[1972] 1 Lloyd's Rep. 350
SECREST MACHINE CORP. v. TIBER (OWNERS) AND STRACHAN SHIPPING CO.
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).
[1972] 1 Lloyd's Rep. 352
THE "ELAZIG"
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.
[1972] 1 Lloyd's Rep. 355
THE QUEEN v. LIVERPOOL JUSTICES EX PARTE MOLYNEUX
Crime - Jurisdiction - Theft on British ship docked in Nassau - Whether ship on "high seas"-Whether Magistrates have jurisdiction under Merchant Shipping Act, 1894, sect. 686, to hear charge of theft.
[1972] 1 Lloyd's Rep. 367
SYCAMORE STEAMSHIP CO. LTD. v. "WHITE MOUNTAIN" (OWNERS) AND GOVERNMENT OF CEYLON THE "FUNABASHI"
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.
[1972] 1 Lloyd's Rep. 371
REDERIJ ERVEN H. GROEN AND GROEN v. THE "ENGLAND" (OWNERS) AND OTHERS
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).
[1972] 1 Lloyd's Rep. 375
SEARS ROEBUCK & CO. v. AMERICAN PRESIDENT LINES LTD. AND OTHERS AMERICAN PRESIDENT LINES LTD. v. NATIONAL STEEL AND SHIPBUILDING CO. AND OTHERS NATIONAL STEEL AND SHIPBUILDING CO. v. MacGREGOR-COMARAIN INC. (THE "PRESIDENT MONROE")1
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.
[1972] 1 Lloyd's Rep. 385
D. I. HENRY LTD. v. WILHELM G. CLASEN
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.
[1972] 1 Lloyd's Rep. 392
TOTAL SOCIETA ITALIANA PER AZIONI v. LIBERIAN TRANSOCEAN NAVIGATION CORPORATION (THE "ALEXANDRA I")
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.
[1972] 1 Lloyd's Rep. 399
THE "JAN LAURENZ"
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.
[1972] 1 Lloyd's Rep. 404
MAYFAIR PHOTOGRAPHIC SUPPLIES (LONDON) LTD. v. BAXTER HOARE & CO. LTD. AND STEMBRIDGE
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.
[1972] 1 Lloyd's Rep. 410
ISLAND YACHTS INC. v. FEDERAL PACIFIC LAKES LINE
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)).
[1972] 1 Lloyd's Rep. 426
THE "HOMER"
Collision - Crossing vessels in Thames estuary - Alleged defective look-out - Alteration of course at improper time - Signals - Whether crossing situation or special circumstances - Collision Regulations, 1960, rules 19, 21, 27, 28.
[1972] 1 Lloyd's Rep. 429
LONGMOOR (TRADING AS VENDAIR (LONDON) LTD.) v. GILBART-SMITH AND OTHERS
Practice - Action - Dismissal for want of prosecution - Action on insurance policy - Whether inordinate and inexcusable delay - Whether real risk of prejudice to defendant.
[1972] 1 Lloyd's Rep. 435
WOODHOUSE A.C. ISRAEL COCOA LTD. S.A. AND A.C. ISRAEL COCOA INC. v. NIGERIAN PRODUCE MARKETING COMPANY LTD.
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.
[1972] 1 Lloyd's Rep. 439
MELING v. MINOS SHIPPING CO. LTD. (THE "OLIVA")
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.
[1972] 1 Lloyd's Rep. 458
AMERICAN TRADING AND PRODUCTION CORPORATION v. SHELL INTERNATIONAL MARINE LTD.1 (THE "WASHINGTON TRADER")
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.
[1972] 1 Lloyd's Rep. 463
STONE v. RELIANCE MUTUAL INSURANCE SOCIETY LTD.
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.
[1972] 1 Lloyd's Rep. 469
NEW INDIA ASSURANCE CO. LTD. v. CHOW ALIAS CHONG
Malaysia-Insurance (Motor)-Policy condition: "Maintain in efficient condition" - Vehicle unroadworthy - Comprehensive policy form adapted to third-party risks only - Whether condition applicable - Whether insurance company entitled to legal costs incurred in defending third-party claim.
[1972] 1 Lloyd's Rep. 479
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.
[1972] 1 Lloyd's Rep. 483
SWISS ISRAEL TRADE BANK v. GOVERNMENT OF SALTA AND BANCO PROVINCIAL DE SALTA
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.
[1972] 1 Lloyd's Rep. 497
FURY SHIPPING CO. LTD. v. STATE TRADING CORPORATION OF INDIA LTD. (THE "ATLANTIC SUN")
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.
[1972] 1 Lloyd's Rep. 509
TENNECO OIL CO. v. TUG TONY AND COASTAL TOWING CORP.1
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.
[1972] 1 Lloyd's Rep. 514
PRACTICE NOTE
Costs in Admiralty actions - Allowance for attending in Court or Chambers - Exercise of discretion.
[1972] 1 Lloyd's Rep. 518
VAUGHAN v. F. PARHAM LTD.
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.
[1972] 1 Lloyd's Rep. 519
BINDER v. ALACHOUZOS
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.
[1972] 1 Lloyd's Rep. 524
G.K.N. FOUNDATIONS LTD. v. MAYOR, ALDERMEN AND BURGESSES OF THE LONDON BOROUGH OF WANDSWORTH
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.
[1972] 1 Lloyd's Rep. 528
THE "ATLANTIC STAR"
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.
[1972] 1 Lloyd's Rep. 534
WILLS v. T. F. MARTIN (ROOF CONTRACTORS) LTD.
Nuisance - Skip on highway - Injury to moped rider - Whether skip constituted a nuisance and dangerous obstruction - Whether a cause of accident.
[1972] 1 Lloyd's Rep. 541
UNITED DOMINIONS TRUST LTD. v. BEECH, SAVAN, TABNER AND THOMPSON
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.
[1972] 1 Lloyd's Rep. 546
Lloyd's and the Lloyd's Crest are trademarks of the Society incorporated by the Lloyd's Act 1871
by the name of Lloyd's
