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THE "SAINT WILLIAM" (OWNERS) v. "JAN LAURENZ" (OWNERS) (THE "JAN LAURENZ" (NO. 2))

[1973] 1 Lloyd's Rep. 1

Admiralty practice - Appointment of assessor with experience in handling vessels under 1000 tons.

RIVER THAMES INSURANCE CO. LTD. v. AL AHLEIA INSURANCE CO., S.A.K.

[1973] 1 Lloyd's Rep. 2

Insurance - Reinsurance treaty - Confirmation and agreement of underwriting accounts - Whether initialling of accounts by reinsurer's agent sufficient - Whether equitable set-off applicable - Alleged miscalculation of portfolio transfer - Whether dispute which should go to arbitration. Practice - Order 14 proceedings - Reinsurance treaty - Action for amount due on underwriting accounts - Whether initialling of confirmation and agreement of underwriting accounts by reinsurer's agent sufficient - Alleged miscalculation of portfolio transfer - Whether dispute which should go to arbitration - Whether equitable set-off applicable.

GILLESPIE BROS. & CO. LTD. v. ROY BOWLES TRANSPORT LTD. RENNIE HOGG LTD. (THIRD PARTY)

[1973] 1 Lloyd's Rep. 10

Carriage of goods - Loss in transit - Watches stolen from unattended and open van - Whether van driver negligent - 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 carrier's own negligence - "All claims or demands whatsoever" - 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 carrier's own negligence - Condition 3 (4).

COMPANIA SUDAMERICANA DE FLETES S.A. v. AFRICAN CONTINENTAL BANK LTD. (THE "ROSARINO")

[1973] 1 Lloyd's Rep. 21

Guarantee - Sums due under Gencon charter-party containing arbitration clause - Guarantee of "due fulfilment of any obligation" - Promise to pay as surely "in accordance with any arbitration award" - Award made against charterers and not honoured - Admission by guarantor of liability for capital sum - Whether guarantor liable for interest awarded by arbitrator and costs of award - Liability for interest following date of award.

CANADIAN PACIFIC (BERMUDA) LTD. v. CANADIAN TRANSPORT CO. LTD. (THE "H. R. MACMILLAN")

[1973] 1 Lloyd's Rep. 27

Charter-party (time) - Hire - Cesser of hire clause - Vessel fitted with three Munck gantry cranes - Trolley of no. 1 crane falling overboard and crane out of action - No. 2 and no. 3 cranes withdrawn from service pending examination - Whether "breakdown by reason of disablement" - Whether charterers restricted from claiming damages "for breakdown" - New York Produce Exchange form, clauses 15, 23, 38.

NATIONAL PACKAGING CORPORATION v. NIPPON YUSEN KAISHA (N.Y.K. LINE)1

[1973] 1 Lloyd's Rep. 46

United States - Carriage by sea - Delivery under United States Carriage of Goods by Sea Act (46 U.S. Code, sects. 1300-1311) - Statute of limitations (46 U.S. Code, sect. 1303 (6)) - Inception of time-bar period - Whether delivery requires physical transfer of goods to consignee.

THE "MAID OF KENT"

[1973] 1 Lloyd's Rep. 49

Negligence - Foreseeability - Pilot killed when pilot launch rolled against side of vessel due to wash of passing vessel - Duty on passing vessel - Whether danger foreseeable.

THE "OWENBAWN"

[1973] 1 Lloyd's Rep. 56

Admiralty practice - Writ - Renewal - Negotiations in action - Whether amounting to agreement to defer litigation - Whether writ should be renewed - Whether issue of writ in cross-claim waived right to rely on writ having expired - Maritime Conventions Act, 1911, sect. 8 - R.S.C., Order 6, r. 8 (2), Order 12, r. 8, Order 32, r. 8.

THE "BOVENKERK"

[1973] 1 Lloyd's Rep. 63

Collision - Radar - Signals - Excessive speed - Collision between vessels passing dredger moored in channel - Width of channel restricted by dredger - Whether dredger an obstruction and hazard to navigation.

THE "FRANCESCO NULLO"

[1973] 1 Lloyd's Rep. 72

Collision - Narrow channel - Look-out - Excessive speed - Vessel turning in river - Collision with vessel passing astern - Whether passing vessel under duly to hold back - Effect of local by-law.

THE "TONI"

[1973] 1 Lloyd's Rep. 79

Collision - Vessels on crossing courses - Duty of stand-on ship to maintain course and speed - Duty of give-way vessel to keep out of way - Collision Regulations, 1960, rules 19, 21, 22.

THE "CONOCO ARROW"

[1973] 1 Lloyd's Rep. 86

Admiralty practice - Collision action - Claim under contract to which claimant not a party - Contract incorporating United Kingdom Standard Towage Conditions - Whether claim should be struck out for failing to disclose a reasonable cause of action.

THE "MARINE SULPHUR QUEEN"

[1973] 1 Lloyd's Rep. 88

United States - Limitation of liability - Inexplicable loss of molten sulphur carrier with her crew and cargo - Vessel converted from all-welded T-2 tanker - Conversion approved by U.S. Coast Guard and American Bureau of Shipping - Alleged non-compliance with American Bureau of Shipping standards - Whether seaworthiness proved by owner and demise charterer - Privity or knowledge - Liability of conversion designer and time charterer - Whether owner/demise charterer negligent in exceeding optimum tonnage figure - Jones Act (46 U.S. Code, sect. 688); Carriage of Goods by Sea Act (46 U.S. Code, sect. 1300). United States - Marine insurance - Waiver of subrogation clause - Whether assured (cargo-owner) "affiliated and/or associated and/or allied" with shipowner - Whether vessel "chartered" by assured.

NATIONAL DOCK LABOUR BOARD v. BRITISH STEEL CORPORATION

[1973] 1 Lloyd's Rep. 101

Dock - Dock labour scheme - Meaning of "All the Dock Estate" - Whether discharge of iron ore from ship to stockyard at Port Talbot 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. Statute - Construction - Penal provisions.

ENGLISH INDUSTRIAL ESTATES CORPORATION v. GEORGE WIMPEY & CO. LTD.

[1973] 1 Lloyd's Rep. 118

Contract - Building contract - Factory burnt down - Whether building owners or builders under duty to insure - Whether building owners had "taken possession" - R.I.B.A. Form clause 12, 16, 20A (1).

BULK OIL (ZUG) A.G. v. TRANS-ASIATIC OIL LTD. S.A. SAME v. SAME

[1973] 1 Lloyd's Rep. 129

Arbitration - Arbitration clause - Disputes under two related agreements (oil transportation agreement and charter-party) - Arbitration clause contained in transportation agreement only - Application by plaintiffs in action on charter-party to stay issues raised in counterclaim and arising under transportation agreement - Principles on which Court's discretion should be exercised - Arbitration Act, 1950. sect. 4 (1). Contract - Arbitration clause - Disputes under two related agreements (oil transportation agreement and charter-party) - Arbitration clause contained in transportation agreement only - Application by plaintiffs in action on charter-party to stay issues raised in counterclaim and arising under transportation agreement - Principles on which Court's discretion should be exercised - Arbitration Act, 1950, sect. 4 (1).

EAGLEHILL LTD. v. J. NEEDHAM (BUILDERS) LTD.

[1973] 1 Lloyd's Rep. 143

Bill of exchange - Notice of dishonour - Bill dishonoured on presentation - Whether notice of dishonour given before dishonour - Validity - Bills of Exchange Act, 1882, sects. 45, 48, 49, rules (5) (12) (15), 55.1 Evidence - Presumption - Whether dishonour of bill of exchange presumed to have taken place before notice of dishonour.

ROBERTS v. ELWELLS ENGINEERS LTD.

[1973] 1 Lloyd's Rep. 153

Principal and agent - Commission - Continuing commission - Agent to be paid commission of 212 per cent. "on all orders received from customers introduced by" him - Termination of agency - Whether commission payable thereafter - Whether damages or declaration for an account the proper remedy. Damages - Principal and agent - Termination of agency - Loss of continuing commission - Whether agent entitled to damages or declaration for an account.

D. I. HENRY LTD. v. WILHELM G. CLASEN

[1973] 1 Lloyd's Rep. 159

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.

IN RE GOAD v. AMALGAMATED UNION OF ENGINEERING WORKERS (ENGINEERING SECTION) ECKMAN AND OTHERS v. MIDLAND BANK LTD. AND HILL SAMUEL & CO. LTD.

[1973] 1 Lloyd's Rep. 162

Banking - Bank's relationship with customer - Bank notified of writ of sequestration affecting property held on behalf of customer - Refusal by bank to pay sums demanded by sequestrator without order of Court - Bank's duty of confidence - Whether bank liable for sequestrators' costs of motion - Whether bank acted reasonably. Practice - Writ of sequestration - Duties of third parties in relation to dealings with contemnor's property following issue of writs of sequestration - Whether bank acted reasonably in not making full disclosure to and paying sums demanded by sequestrators.

ARTERIAL CARAVANS LTD. v. YORKSHIRE INSURANCE CO. LTD.

[1973] 1 Lloyd's Rep. 169

Insurance (Fire) - Non-disclosure - Previous loss by fire not disclosed - Whether duty of disclosure waived by insurer.

PRACTICE NOTE

[1973] 1 Lloyd's Rep. 182

Joint applications under the Landlord and Tenant Act, 1954.

NATIONAL DOCK LABOUR BOARD v. BERMONDSEY COLD STORES LTD.

[1973] 1 Lloyd's Rep. 183

Dock - Dock labour scheme - Only registered dock workers to be employed in "dock work" - Frozen meat unloaded at port and placed on vehicles - Vehicles driven to cold storage warehouse and unloaded - Meat stored and later loaded onto other vehicles for onward dispatch - Whether meat still "cargo" - Whether work of unloading and loading meat at warehouse was "dock work" - Dock Workers (Regulation of Employment) Act 1946, sect. 6 - Dock Workers (Regulation of Employment) Scheme, 1967, par. 10.

KING v. VICTOR PARSONS & CO. AND THOMPSON

[1973] 1 Lloyd's Rep. 189

Limitation of action - Plea of "concealed fraud" - Whether action statute-barred - Limitation Act, 1939, sect. 2 (1), 26. 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.

HOWELL v. WEST MIDLANDS PASSENGER TRANSPORT EXECUTIVE

[1973] 1 Lloyd's Rep. 199

Limitation of action - "Material facts of a decisive character" - Injured plaintiff advised by claims assessors that she had no claim - Plaintiff hearing about legal aid for first time after limitation period - Whether leave should be given to issue writ outside limitation period on ex parte application - Limitation Act, 1963, sect. 1.

THE "PREVEZE"

[1973] 1 Lloyd's Rep. 202

Admiralty practice - Writ in rem - Collision in River Scheldt between plaintiffs' vessel and first defendants' vessel in tow of second defendants' tug - Writ in rem, naming tug, issued in England - Application for renewal of writ on basis of difficulty of service on named tug - Whether plaintiffs entitled to amend writ by naming sisterships - Whether order for renewal and service of amended writ on sistership should be set aside - Maritime Conventions Act, 1911, sect. 8 - Administration of Justice Act, 1956, sect. 3 (4) - Rules of the Supreme Court, Order 20, r. 1.

DAVID T. BOYD & CO. LTD. v. LOUIS LOUCA

[1973] 1 Lloyd's Rep. 209

Sale of goods (f.o.b.) - Port of shipment - Port of shipment not named in contract - Whether sellers or buyers under duty to choose port of shipment - Meaning of "F.o.b. stowed good Danish port" - Whether contract void for uncertainty.

TRUSTEES EXECUTORS & AGENCY CO. LTD. AND OTHERS v. COMMISSIONERS OF INLAND REVENUE (THE "NATALIE")

[1973] 1 Lloyd's Rep. 216

Estate duty - Yacht registered in Jersey but normally berthed at English port - Testator domiciled in State of Victoria - Whether yacht "situate out of Great Britain" - Finance Act, 1894, sect. 1 - Finance Act, 1949. sect. 28 (2).

J. LOWENSTEIN & CO. LTD. AND GENERAL METAL UTILISATION CO. LTD. v. DURABLE WHARFAGE CO. LTD. (THAMES & GENERAL LIGHTERAGE CO. LTD. THIRD PARTY)

[1973] 1 Lloyd's Rep. 221

Wharfingers - Agreement by wharfingers to handle goods across wharf into barge owned by lighterage company - Ingots stolen from barge - Liability of wharfingers to owner of goods - Whether a gratuitous bailment or whether duty of care owed by taking possession of ingots - Whether London Wharfingers Clause expressly or impliedly incorporated in agreement - Liability of lighterage company to indemnify wharfingers.

SOMERSET INTERNATIONAL FINANCE CO. LTD. v. FREIGHTEX LTD.

[1973] 1 Lloyd's Rep. 227

Shipping agent - Lien - Bill of lading - Lien given under conditions of carriage - Alleged oral agreement with confirming house - Whether overriding - Whether case appropriate for interlocutory injunction restraining shipping agents from withholding bills.

AMERICAN AIRLINES INC. v. HOPE BANQUE SABBAG S.A.L. v. HOPE

[1973] 1 Lloyd's Rep. 233

Insurance (Aviation) - War risks - Aircraft destroyed on ground at Be rut 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.

THE "HAGEN"

[1973] 1 Lloyd's Rep. 257

Collision - Fog - Defective radar look-out - Excessive speed.

DU PONT DE NEMOURS INTERNATIONAL S.A. AND E.I. DU PONT DE NEMOURS & CO. INC. v. S.S. "MORMACVEGA" ETC. AND MOORE-McCORMACK LINES INC. (THE "MORMACVEGA")

[1973] 1 Lloyd's Rep. 267

United States - Carriage by sea - Bill of lading - Container ship - Bill of lading not showing deck shipment - Loss of container overboard - Alleged custom of deck shipment - Whether known by shipper - Whether deck shipment "unreasonable deviation" - Whether shipowners entitled to limit liability -United States Carriage of Goods by Sea Act (46 U.S. Code, sect. 1304 (5)). United States - Trade custom - Container ship - Alleged custom of deck shipment of goods - Proof of age of custom.

GREAT AMERICAN INSURANCE COMPANY AND OTHERS v. BUREAU VERITAS+ (THE "TRADEWAYS II")

[1973] 1 Lloyd's Rep. 273

United States - Negligence - Classification society - Vessel surveyed by society's surveyor - Classification certificate given - Loss of vessel - Whether vessel unseaworthy - Whether society negligent - Cause of loss.

PRACTICE DIRECTION NO. 1

[1973] 1 Lloyd's Rep. 286

Value added tax - Taxation of costs in Civil Proceedings and non-contentious business.

ALFRED C. TOEPFER v. CONTINENTAL GRAIN CO.

[1973] 1 Lloyd's Rep. 289

Sale of goods (c.i.f.) - Wheat sold as "No. 3 Hard Amber Durum Wheat quality as per official certificate" - Certificate be final as to quality - Wheat negligently stated by inspector to be of contract quality - Mistake discovered by buyers - Whether buyers precluded by certificate from claiming damages - London Corn Trade Association Contract form 27.

HALFDAN GREIG & CO. A/S v. STERLING COAL AND NAVIGATION CORPORATION AND A. C. NELEMAN'S HANDEL-EN TRANSPORTONDERNEMING (THE "LYSLAND")

[1973] 1 Lloyd's Rep. 296

Arbitration - Refusal by arbitrators to state award in form of special case - Discretion of Court to direct arbitrators to state special case - Factors to be considered - Arbitration Act, 1950, sect. 21 (1). Commercial Court - Relationship with arbitration tribunals - Comments by Court.

ELLEANOR v. CAVENDISH WOODHOUSE LTD. AND COMERFORD

[1973] 1 Lloyd's Rep. 313

Negligence - Master and servant - Vicarious liability - Two salesmen out canvassing in evening - One car only used - Driver returning fellow-employee to convenient place after completion of canvassing - Whether driving in course of employment.

ROYAL TYPEWRITER CO., DIVISION LITTON BUSINESS SYSTEMS INC. v. M.V. "KULMERLAND" AND HAMBURG-AMERIKA LINIE HAPAG-LLOYD A.G. (SUED AS HAMBURG-AMERIKA LINIE) v. PIONEER TERMINAL CORPORATION, INTERNATIONAL TERMINAL OPERATING CO. INC. AND SULLIVAN SECURITY SERVICES INC. (THE "KULMERLAND")+

[1973] 1 Lloyd's Rep. 318

United States - Bill of lading - Adding machines stowed by shipper in own container - No indication of contents given to carrier - Whether container a "package" - Whether carrier entitled to limit liability to $500 - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1304 (5)).

VEHICLE & GENERAL INSURANCE CO. LTD. v. ELMBRIDGE INSURANCES

[1973] 1 Lloyd's Rep. 325

Agency - Insurance brokers - Money received by brokers on behalf of insurers - Liquidation of insurers - Termination of clients' policies by brokers - Claim by liquidator for monies received - Effect of agency agreement between brokers and insurers that all monies received on behalf of insurers were property of and received for and on account for insurers - Whether agreement based on fact that insurers were solvent at date of agreement - Whether brokers could counterclaim for pro rata returns of clients' premiums - Whether agreement ended by liquidation.

THE "JAN LAURENZ"

[1973] 1 Lloyd's Rep. 329

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 42.1

HOLE & SON (SAYERS COMMON) LTD. v. HARRISONS OF THURNSCOE LTD.

[1973] 1 Lloyd's Rep. 345

Damages - Measure of damages - Cottage extensively damaged by lorry - Cottage owners not intending to repair premises after accident - Whether cost of reinstatement or diminution in value is correct measure of damages.

R. PAGNAN & FRATELLI v. N. G. J. SCHOUTEN N.V. (THE "FILIPINAS I")

[1973] 1 Lloyd's Rep. 349

Sale of goods (f.o.b.) - Purchase of maize f.o.b. Paranagua/Santos - Vessel to be presented June 10/30 - Sale of same quantity of maize by buyers to third party - Vessel "expected ready to load June 10" chartered by third party - Maize "resold" by third party to buyers at higher price - Charter-party transferred to buyers - Vessel not ready by expected date - Charter-party cancelled by buyers under cancelling clause - Whether third party still entitled to price - Whether failure of consideration - Whether contract of "resale" and charter-party separate contracts. Charter-party - Condition - "Vessel expected ready to load" - Whether expectation based on reasonable grounds.

HELLENIC LINES LTD. v. EMBASSY OF PAKISTAN+

[1973] 1 Lloyd's Rep. 363

United States - Carriage by sea - Freight contract for carriage of grain from U.S. to Pakistan - Bills of lading issued under freight contract - Some governed by English law and some by U.S. law - No time fixed for unloading of goods covered by former - Discharge of goods covered by latter to be "continuous" - Whether bills of lading inconsistent with terms of freight contract - Whether terms void under Carriage of Goods by Sea Act (46 U.S. Code) sect. 1304 (3) - Whether clause a penalty clause - Discharge of goods delayed at Pakistani port - Whether shippers liable for delay. United States - Penalty clause.

ALGREY CONTRACTORS LTD. v. TENTH MOAT HOUSING SOCIETY LTD.

[1973] 1 Lloyd's Rep. 369

R.I.B.A. contract - Sums due under interim certificates - Clause permitting deduction by building owner of liquidated and ascertained sums - Whether building owner entitled to deduct from sums due under interim certificates - R.I.B.A. Standard Form of Building Contract Private Edition with Quantities.

PRACTICE DIRECTION

[1973] 1 Lloyd's Rep. 372

REDERIJ ERVEN H. GROEN AND GROEN v. THE "ENGLAND" (OWNERS) AND OTHERS

[1973] 1 Lloyd's Rep. 373

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.

THE "MANCHESTER COURAGE"

[1973] 1 Lloyd's Rep. 386

Admiralty practice-Third-party proceedings- Service out of jurisdiction - Lock in Manchester Ship Canal damaged by vessel- Casualty allegedly caused by defect in ship's propeller control system - Whether Swedish designers of control system proper parties to proceedings brought against shipowners and installers of the system - R.S.C., Order 11, r. 1 (1) (h), (j); Order 16, r. 3 (4).

AGRO COMPANY OF CANADA LTD. v. RICHMOND SHIPPING LTD. (THE "SIMONBURN")

[1973] 1 Lloyd's Rep. 392

Charter-party (consecutive voyage) - Centrocon arbitration clause incorporated - Arbitrator to be appointed "within 3 months of final discharge" - Vessel to perform five consecutive voyages - Damage suffered on first voyage - Three other voyages performed - Shipowners' arbitrator appointed 412 weeks after end of three months from completion of discharge under first voyage - Whether appointment in time. Charter - party (consecutive voyage) - Construction - "Centrocon" arbitration clause incorporated - Difficulties caused. Arbitration - Appointment of arbitrator - "Within 3 months of final discharge" - Whether appointment in time.

GRUNTHER INDUSTRIAL DEVELOPMENTS LTD. v. FEDERATED EMPLOYERS INSURANCE ASSOCIATION LTD.

[1973] 1 Lloyd's Rep. 394

Practice - Procedure - Action by assured under fire insurance policy - Fraud alleged in insurers' defence - Whether for plaintiffs or defendants to begin at trial - R.S.C., Order 35, r. 7.

THE "CAREBEKA 1"

[1973] 1 Lloyd's Rep. 396

Collision - Fishing vessel engaged in trawling - Collision with give-way vessel - Give-way vessel guilty of bad look-out - Whether fishing vessel negligent in not taking avoiding action earlier and in taking wrong action - Duties - Collision Regulations, 1960, rules 21, 26, 27 and 29.

THE "TRECARRELL"

[1973] 1 Lloyd's Rep. 402

Negligence - Foreseeability - Causation - Vessel in ship-repairers' yard - Drum of highly inflammable vinyl lacquer dropped by contractors' servant on to electric cable - Lacquer ignited by short circuit - Whether contractors' servant negligent - Whether fire foreseeable - Usual practice followed as to guarding a cable - Whether ship-repairers negligent.

"YOHO MARU" (OWNERS) v. AGIP S.P.A. C/O S.N.A.M. S.P.A.

[1973] 1 Lloyd's Rep. 409

Charter-party (voyage) - Freight - Oil in bulk - "At and after the rate Worldwide Tanker Nominal Freight Scale" "Worldscale" - "All terms and conditions of the Worldwide Tanker Nominal Freight Scale and any amendments thereto" - Revision of "Worldscale" Schedule of rates in 1972 - Whether 1971 or 1972 schedule applicable to freight payable in respect of voyage occurring between December, 1971, and January, 1972.

BRITISH EAGLE INTERNATIONAL AIR LINES v. COMPAGNIE NATIONALE AIR FRANCE

[1973] 1 Lloyd's Rep. 414

Company-Winding up-IATA (International Air Transport Association) clearing house for settlement of debts of airline operators among themselves-Airline operator in liquidation- Whether debt recoverable from other operator or only from IATA-Whether IATA mandatary (under Quebec law) or agent (under English law) of operator-Whether mandate or agency determined by liquidation-Whether debt absolutely assigned-Whether clearing house regulations offended against Quebec insolvency law or (English) Companies Act, 1948, sect. 302. Carriage by air - IATA (International Air Transport Association) clearing house.

PASTERNACK v. POULTON

[1973] 1 Lloyd's Rep. 439

Negligence - Contributory negligence - Injuries to front-seat passenger in car - Whether passenger's failure to wear seat belt constituted contributory negligence - Law Reform (Contributory Negligence) Act, 1945, sect. 1 (1).

HARRIS v. HARRIS

[1973] 1 Lloyd's Rep. 445

Damages - Personal injuries - Quantum - Severe brain injuries - Loss of amenities - Loss of future earnings - Itemization - Overlapping between heads of claim - Curtailment of prospects of marriage; loss of future earnings and additional cost of domestic assistance.

PRACTICE DIRECTION

[1973] 1 Lloyd's Rep. 451

Court and Chambers Procedure - Hearings by Judges outside London

PRACTICE DIRECTION

[1973] 1 Lloyd's Rep. 451

Court Procedure - The Witness List - Part 2

EVANS MARSHALL & CO. LTD. v. BERTOLA S.A. AND INDEPENDENT SHERRY IMPORTERS LTD.

[1973] 1 Lloyd's Rep. 453

Practice - Writ - Sole agency agreement between English wine merchants and Spanish exporter - Barcelona jurisdiction clause - Breach - Merchants' claim for damages and interlocutory injunction - Whether Court would give leave for service of writ out of jurisdiction - Factors to be considered - R.S.C., Order 11, r. 1. Practice - Injunction - Sole agency agreement between English wine merchants and Spanish exporter - Breach - Whether interlocutory injunction appropriate remedy - Effect of undertaking by third party.

YTC UNIVERSAL LTD. v. TRANS EUROPA

[1973] 1 Lloyd's Rep. 480

SUNBEAM SHIPPING CO. LTD. v. PRESIDENT OF INDIA (THE "ATLANTIC SUNBEAM")

[1973] 1 Lloyd's Rep. 482

Charter-party (voyage) - Vessel prevented from being "arrived ship" - Whether due to fault of charterers-Extent of charterer's duty-Test to be applied. Arbitration - Award - Special case - What special case should contain.

VENORE TRANSPORTATION CO. v. PRESIDENT OF INDIA (THE "VENORE")

[1973] 1 Lloyd's Rep. 494

United States - Charter-party (voyage) - Demurrage - Notice of readiness to discharge - Vessel to proceed to Calcutta for discharge - Transhipment of cargo at Madras into lightening vessels - Notice of readiness to discharge given by lightening vessels on arrival at Sandheads (anchorage 125 nautical miles from Calcutta) - Lightening vessels delayed 38 days due to congestion of port - - Whether notice of readiness to discharge was valid - Whether charterer liable for delay due to congestion.

THE "HOMER"

[1973] 1 Lloyd's Rep. 501

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, 22, 27, 28.

E. B. AABY'S REDERI A/S v. THE UNION OF INDIA (THE "EVJE")

[1973] 1 Lloyd's Rep. 509

Charter-party (voyage) - Arbitration clause - Baltimore Grain Charter-party Form C - Centrocon arbitration clause incorporated - Claim barred if arbitrator not appointed within 12 months of date of final discharge - Vessel running out of fuel oil - Tug hired - Claim by shipowners for general average contribution from charterers - Undertaking by charterers to pay general average contribution "which may be legally due" - Arbitrator not appointed within time limit - Whether claim a "dispute" within arbitration clause - Whether charterers liable on undertaking - York-Antwerp Rules, 1950. General average - Undertaking by charterers to pay - Lloyd's general average bond - Whether of contractual effect - York-Antwerp Rules, 1950 Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27.

REID v. COMMISSIONER OF POLICE OF THE METROPOLIS AND COCKS

[1973] 1 Lloyd's Rep. 518

Sale of goods - Title - Market overt - Stolen goods bought in market overt in market hours but before sunrise - Whether buyer acquired good title - Sale of Goods Act, 1893, sect. 22 (1).

RIDER v. RIDER AND ANOTHER

[1973] 1 Lloyd's Rep. 524

Negligence - Highway - Poor state of repair - Collision between motor car and Dormobile van - Whether state of disrepair actionable breach of corporation's duty as highway authority - Highways Act, 1959, sect. 44.1

MARMARA TRANSPORT A.S. v. MOBIL TANKERS S.A. (THE "MERSIN")

[1973] 1 Lloyd's Rep. 532

Charter-party (consecutive voyage) - Freight - Freight to be calculated as per "Intascale" plus or minus London Tanker Brokers Panel Average Freight Rate Assessment - "Intascale" amended after date of charter-party - New classification of vessels subsequently adopted by panel - Whether charterers liable to pay increased rate of freight.

CALTEX OIL (AUSTRALIA) PTY. LTD. v. HOWARD SMITH INDUSTRIES PTY. LTD. (THE "HOWARD SMITH")

[1973] 1 Lloyd's Rep. 544

Australia - Transportation contract - Voyage charter-party incorporated - Demurrage - Strike - Agreement subject to "acts of God, restraint of Government and other circumstances beyond control of parties" - Strike of shore operators - Discharge of cargo stopped - Vessel unable to leave berth - Whether charterers liable for demurrage.

PRACTICE DIRECTION

[1973] 1 Lloyd's Rep. 548

L. LUCAS LTD. AND LAMET TRADING LTD. v. EXPORT CREDITS GUARANTEE DEPARTMENT

[1973] 1 Lloyd's Rep. 549

Guarantee - Exporter issued with guarantee against risk of non-payment by buyer - Non-payment by buyer due to exchange control restrictions - Exporter reimbursed by guarantor for 90 per cent. of loss - Restrictions subsequently lifted - Payment in full by buyer - Sum increased due to devaluation of pound sterling - Whether exporter entitled to whole of excess amount - Whether principle of subrogation applicable.

MARTINDALE v. DUNCAN

[1973] 1 Lloyd's Rep. 558

Damages - Mitigation - Hire car damaged - Hire of car while damaged car repaired - Whether plaintiff failed to mitigate damages by not having car repaired promptly - Repairs not carried out promptly because of (1) plaintiff's impecuniosity and (2) delay in authorization of repairs by insurers.

McCANN v. SHEPPARD AND CART

[1973] 1 Lloyd's Rep. 561

Damages - Personal injuries - Damages awarded to plaintiff by trial Judge - Notice of appeal lodged by defendant - Death of plaintiff - Whether damages should be reduced. Practice - Evidence - Plaintiffs death after notice of appeal lodged - Court's discretion to receive evidence of death - R.S.C. Ord. 59, r. 10 (2).

HAMBIDGE v. HARRISON

[1973] 1 Lloyd's Rep. 572

Damages - Personal injury - Plaintiff's right leg shortened - Pain in leg - Change of personality - Inability to settle down at jobs - Loss of amenity - Quantum of general damages. Practice - "Agreed" medical reports.

BOWEN v. MILLS & KNIGHT LTD.

[1973] 1 Lloyd's Rep. 580

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Staging in dry dock - Workman on platform 5ft. 6in. from dock floor - No ladders supplied - Workman's fall from slippery beam - Whether employers in breach of statutory duty - Regulations 6, 13 - Factories Act, 1961, sect. 29 (1).1 Damages - Personal injuries - Allegation that plaintiff malingering - Plaintiff suffering from psoriasis - Whether aggravated by accident - Whether plaintiff should have returned to work earlier. Costs - Payment into Court - Payment in 13 days before hearing of action - Not accepted by plaintiff - Award of damages exceeded by payment in - Whether plaintiff should pay costs of action - Discretion of Court - R.S.C., Order 62, r. 5.

THOMPSON v. PRICE

[1973] 1 Lloyd's Rep. 591

Damages - Quantum - Fatal accident - Remarriage of widow - Multiplier to be applied to agreed figure for dependency - Effect of Law Reform (Miscellaneous Provisions) Act, 1971, sect. 4 (1)1.

Lloyd's Law Reports