Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KEEVIL & KEEVIL, LTD. v. BOAG.

(1940) 67 Ll.L.Rep. 263

COURT OF APPEAL.

Before Lord Justice Luxmoore and Lord Justice Goddard.

Practice-Discovery-Affidavit of ship's papers - Claim by plaintiffs under marine insurance policy issued by defendant underwriter in respect of shipments of eggs from Argentina to United Kingdom-Open cover containing warehouse to warehouse clause - Shipment under policy-Eggs found defective upon arrival in United Kingdom-Application made by defendant for an order for ship's papers; alternatively, for discovery before pleadings-Refused by learned Judge -"Liberty to apply for affidavit of ship's papers hereafter if so advised" -Discretion-Appeal by defendant- R.S.C., Order 31, r. 12 A.

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