Practice - Foreign currency - Judgments and arbitration awards - Whether Judges and arbitrators entitled to give judgments and awards in foreign currency in cases of tort and breaches of contract.
Practice - Evidence - Defendants wished to introduce in evidence statement of witness - Witness beyond the seas - Whether evidence should be admitted - Civil Evidence Act, 1968, s. 8(1).
Carriage by air - Limitation of liability - Theft of box of platinum from aircraft - Whether plaintiffs' claim discharged by agreement - Whether loss caused by misconduct of airline's loaders acting within scope of their employment- Whether airline took all necessary steps to avoid loss - Whether loss caused or contributed to by plaintiffs' negligence - Warsaw Convention, arts. 20, 21, 22 and 25.
Practice - Injunction - Trade dispute - Vessel "blacked" - Union made demands to be complied with before vessel allowed to sail - Whether dispute a "trade dispute" - Whether owners entitled to an injunction restraining union from preventing ship sailing.
Salvage-Award-Master signed Lloyd's form of salvage agreement with salvors-Refused to allow salvors to perform contract-Salvors standing-by- Rights of superseded salvors-Whether salvors entitled to restitutio in integrum either as compensation or as damages for breach of contract.
Insurance (Marine) - Scuttling - Total loss of vessel - Owners claimed for loss by perils of the seas - Whether claim fraudulent - Claim for loss by barratry - Whether vessel deliberately sunk with knowledge and privity of owners.
Contract-Shipbuilding-Yard increased purchase price by 10 per cent.-Owners refused to pay additional increase-Yard threatened to terminate contract-Whether owners entitled to recover alleged overpayment-Whether conduct of yard amounted to "economic duress".
Contract - Shiprepairs - Plaintiff employed as consulting engineer - Whether plaintiff employed as principal or agent - Whether plaintiff acted in owners' best interests - Whether plaintiff entitled to exercise lien over bearings - Claim by plaintiff for balance of account.
Contract - Agency - Freight - Defendants collecting freight for plaintiffs - Dispute as to terms of contract - Defendants failed to pay freight to plaintiffs - Whether plaintiffs' claim for account of money due entitled to succeed - Whether defendants could plead set-off.
Contract - Shipbuilding - Guarantee - Buyers defaulted in payment - Plaintiffs rescinded contract - Whether rescission based on contractual right - Writ issued after contract rescinded - Whether there was an accrued right to unpaid instalments before date of rescission.
Collision-Negligent navigation-Collision in Thames Estuary-Both vessels inward bound- Whether collision caused by negligent navigation of one or both vessels-Liability for collision- Apportionment of liability.
Charter-party (Time)-Hire-Production of liquefied natural gas interrupted-Charterers gave notices suspending payment of hire-Whether notices valid-Whether owners entitled to claim balance and outstanding hire-Whether charterers entitled to recover hire allegedly overpaid.
Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.
Carriage by road - C.M.R. - Limitation of time - Jurisdiction - Contract for carriage of lathes from Birmingham to Madrid - Whether carriage covered by one or two separate contracts - Whether plaintiffs' claim time barred - Whether Court had jurisdiction - Arts. 15, 31, 32, C.M.R. Convention.
Damages - Personal injury - Plaintiff injured in fall from ladder - Whether "safe system" employed - Whether plaintiff guilty of contributory negligence - Quantum of damages.
Company - Winding-up - Third party rights against insurers - Petition for winding-up opposed by P and I Association - Whether contract between company and association a contract of insurance - Whether company's claim against association could be enforced by third parties - Rules of the Protecting and Indemnity Club - Third Parties (Rights against Insurers) Act, 1930, s. 1.
Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.
Charter-party (Voyage) - Safe port - Vessel prevented from leaving port - Whether port "safe" at time of its nomination - Whether temporary obstacles preventing vessel leaving port rendered it unsafe.
Sale of goods (c.i.f.) - Prohibition of export - Force majeure - U.S. soya bean meal sold c.i.f. Rotterdam - Shipment to be made monthly April/September, 1973 - Embargo on shipment of U.S. soya bean meal imposed by U.S. Department of Commerce - Whether buyer had waived rights to performance under June bills of lading - GAFTA 100.
Insurance (Fire)-Non-disclosure-Insurance brokers -Plaintiff did not disclose previous convictions to insurers-Property destroyed by fire-Whether non-disclosures material-Whether brokers aware of plaintiff's criminal record-Whether insurers could avoid policy-Whether insurers entitled to an indemnity from brokers.
Practice - Arbitration - Contract - Whether contract included arbitration clause - Whether submission to arbitration - Whether action should be stayed - Arbitration Act, 1950, s. 4 - Arbitration Act, 1975, s. 1(1).
Negligence - Exemption clause - Personal injury - Plaintiff injured on board defendants' ship - Whether accident caused by defendants' negligence - Whether defendants could rely on exclusion clause in ticket - Quantum of damages.
Bunking-Letter of credit-Bill of lading-Date on bill of lading altered-Whether allegation of fraud made out-Whether letter of credit amended- Whether defendants entitled to refuse payments against document presented.
Sale of goods (c.i.f.) - Arbitration - Prohibition of export - Non-delivery - Validity of appointment of buyers' arbitrator - Whether appointment within time - Whether application for extension of time should be granted - Whether sellers protected by cl. 21 - Whether award should be remitted - GAFTA 100.
Bill of lading - Exemption clause - Stevedores - Goods discharged and placed in warehouse - Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods - Goods obtained by thief without presentation of documents - Whether ship's agents and stevedores liable - Whether stevedores not parties to contract could rely on exclusion clauses in bill of lading - Whether claim time barred - Australia.
Charter-party (Time)-Hire-Non-payment-Action in rem-Vessel arrested-Whether vessel "beneficially owned as respect all shares therein"- High Court (Admiralty Jurisdiction) Act (Cap. 6) s. 4 (4) Singapore.
Sale of ship - Mareva injunction - Buyers obtained Mareva injunction but did not advise sellers until after completion of sale - Sellers applied for discharge of injunction - Whether injunction ought to be restored.
Practice - Jurisdiction - Plaintiff alleged fraudulent misrepresentation - Whether tort committed within jurisdiction - Whether leave to serve notice of writ out of jurisdiction should be granted - R.S.C., O.11, r. 1(1) (h).
Charter-party (Voyage)-Contract of affreightment- Bunker escalation clause-Claimants submitted invoices for increased costs of bunkers-Vessels in question neither owned by nor demised to claimants-Whether principles of course of dealing, estoppel waiver or restitutio in integrum applied-Whether special case should be remitted-Essovoy 1969.
Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.
Insurance (Fire) - Reinstatement - Market value - Measure of damages - Whether amount of claim should be based on costs of reinstatement or market value.
Practice - Marine insurance - Exclusion clause - Dredger sucked up Oerlikon shells - Explosion caused - Whether loss of dredger due to "war risks" - Whether plaintiffs entitled to resist revenue's claim for balancing charge - Construction of exclusion clause - Capital Allowances Act, 1968, s. 33 (7) - War Risks Insurance Act, 1939, s. 1 (2), Sched. 1, cl. 9 (3).
Insurance (Motor) - Contract - Implied term - Insurers exercised option to repair car - Whether implied term that repairs should be executed within a reasonable time - Whether insured entitled to damages for loss of use of car - Scotland.
Salvage - Action in personam - Salvage services rendered to trawler - Proper amount of salvage to be awarded - Whether fishing losses a separate expense - Interest payable on salvage award - Scotland.
General average - Jason clause - Vessel sustained engine failure and had to be towed - Owners declared general average - Engine failure caused by crew negligence - Whether cargo-owners could recover general average deposits - United States.
Reinsurance-Stay of action-Arbitration clause and service of suits clause-Third party impleaded on anticipatory cause of action for indemnity- Whether action should be stayed pursuant to arbitration clause-Whether service of suits clause applicable-United States.
Banking - Letter of credit - Mareva injunction - Allegation that documents forged - Bank refused to pay on letter of credit - Whether Mareva injunction should be granted against bank - Whether security of costs should be granted.
Sale of goods (f.o.b.) - Non-acceptance - Buyers alleged September oil did not comply with specification-Buyers advised sellers that October oil would also be refused if oil did not conform to contract - Whether buyers repudiated whole contract.
Charter-Party (Voyage) - Demurrage - Laytime wholly used up at loading port - Whether provisions as to "used laytime" applicable once vessel on demurrage - Whether charterers entitled to benefit of six hours notice of readiness at port of discharge - Exxonvoy 1969.
Arbitration - Costs - Misconduct - Each party to pay own costs and half the costs of a ward - Whether arbitrator guilty of technical misconduct - Whether application to set aside award as to costs should be granted.
Practice - Sovereign immunity - Jurisdiction - Writ served on foreign sovereign - Foreign sovereign refused to consent to jurisdiction - Whether writ should be set aside.
Banking - Guarantee - Subrogation - Plaintiff paid under guarantee - Whether plaintiff obtained subrogation rights - Whether plaintiff could claim principal sum lent together with interest.
Practice-Insurance company-Whether union carrying on class of insurance business-Whether contract between member and union a contract of insurance-Insurance Companies Act, 1974, Part II.
Practice-Admiralty action in personam-Limitation fund-Expenses of action-Defenders lodged two lenders-No reference to interest-Whether pursuers' motion for expenses of action should be granted-Scotland.
Damages - Loss of earnings - Whether prospective earnings of lost years recoverable. Interest - Damages - Personal injury - Whether interest should be awarded - Whether interest awarded separately from the increase in damages for inflation.
Collision-Crossing vessels-Vessels approaching in opposite directions on reciprocal courses- Defective radar lookout during approach period and failure to reduce speed-Visibility restricted- One vessel in addition altering 10 deg. to starboard at improper time and going to starboard at the last instead of pulling her engines full astern- Apportionment of blame.
Charter-party (Time)-Safe berth-Vessel ordered to berth in Valparaiso-Berth exposed to heavy swell-Vessel unable to leave berth because of presence of two other vessels which had anchored sufficiently close to wharf-Vessel suffered ranging damage-Whether charterers liable-New York Produce Exchange form.
Sale of goods (c.i.f.) - Non-delivery - Force majeure - Flooding of Mississippi River - Delay in shipment - Sellers gave notice of extension of shipment period - Whether notices valid - Whether sellers liable to buyers in damages - GAFTA 100.
Insurance (Marine)-Protection and indemnity risks - Third party rights - Whether cargo interests' claim against P. and I. club entitled to succeed - Whether club had properly exercised its discretion - Whether club entitled to rely on rr. 7(h), 8(k) and 13 - Third Party (Rights against Insurers) Act, 1930.
Charter-party (Consecutive voyage) - Demurrage - Freight rate to be in accordance with Worldscale - Increase in cost of bunkers - Whether owners could claim extra costs - Whether payment to be calculated by reference to bunker indices published by Worldscale - Exxonvoy form.
Practice - Arbitration - Award - Arbitrators published award - Charterers alleged further evidence available - Whether application to remit award should be granted.
Carriage by sea - Limitation of liability - Bill of lading - Exclusion clause - Personal effects delivered severely damaged by fresh water - Whether Hague Rules incorporated - Whether shipowners entitled to limit liability - Whether shipowners could rely on exclusion clause in bill of lading - Hague Rules, art. IV, r. 5 - Canada.