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BROWN, JENKINSON & CO., LTD. v. PERCY DALTON (LONDON), LTD.

[1957] 2 Lloyd's Rep 1

Bill of lading-Shipment "in apparent good order and condition"-Cargo admittedly shipped in damaged condition-Issue of clean bill against shippers' letter of indemnity -Enforceability-Illegality-Commercial practice.

LONDON AND THAMES HAVEN OIL WHARVES, LTD. v. F. T. EVERARD & SONS, LTD. (THE "ANONITY.")

[1957] 2 Lloyd's Rep 20

Negligence-Fire-Oil jetty-Galley fire on board vessel at jetty-Ignition of petrol spirit vapour over jetty-Cause of fire-Probabilities- Liability of shipowners.

CHARTERED INSURANCE INSTITUTE v. CITY OF LONDON CORPORATION.

[1957] 2 Lloyd's Rep 29

Rating-Relief from rates-Non-profit making organization-Claim for relief-Whether main objects of organization were "concerned with the advancement of . . . education"- Consideration of objects as specified in charter of organization, and manner in which these objects were achieved-Rating and Valuation (Miscellaneous Provisions) Act, 1955, Sect. 8 (1) (a).

SMITH v. BRITISH & BURMESE STEAM NAVIGATION COMPANY, LTD.

[1957] 2 Lloyd's Rep 36

Docks Regulations, 1934-Means of access- Defective ship's ladder from deck to hold-Dock labourer's fall from ladder- Allegation that there was inadequate foothold -Dispute as to cause of accident-Liability of shipowners-Regulation 11.

McLEAN AND ANOTHER v. BOWRING STEAMSHIP COMPANY, LTD.

[1957] 2 Lloyd's Rep 38

Negligence-Safe premises-Unnecessary risk- Alleged obstruction caused by hose pipe left lying on ship's companionway-Pantry boy's fall-Obvious danger-Liability of shipowners.

BROUGHTON v. ROYAL MAIL LINES, LTD.

[1957] 2 Lloyd's Rep 45

Master and servant-System of working-Injury to carpenter effecting repairs on board vessel in dock-Cramped conditions-Experienced workman-Foreseeability of risk.

INDUSTRIAL AND MINING SUPPLIES COMPANY, LTD. v. CITY LIGHTERAGE COMPANY, LTD. (THE "JANICE.")

[1957] 2 Lloyd's Rep 48

Lighterage-Barge on hire-Unseaworthiness- London Lighterage Clause-"Knowingly or recklessly supplied an unseaworthy barge" -Holes in swim plates of old barge-Water damage to cargo-Liability of barge hirers- "Knowledge" and "recklessness"-Privity of hirers.

ATLANTIC OIL CARRIERS, LTD. v. BRITISH PETROLEUM COMPANY, LTD. (THE "ATLANTIC DUCHESS.")

[1957] 2 Lloyd's Rep 55

Charter-party-Dangerous cargo-Fire and explosions on oil tanker while ballasting in dock-Butanized crude oil-Whether unauthorized cargo-Alleged duty on charterers to warn master of special hazards -Cause of explosions-Method of discharging and ballasting-Negligence of crew-Liability of charterers.

PIKE v. TRINITY WHARF COMPANY, LTD.

[1957] 2 Lloyd's Rep 122

Negligence-Loading of lorry at wharf-Use of mobile crane-Lorry driver's fall into barge alongside wharf-Cause of fall-Probabilities -Negligence of crane-driver-Liability of crane-driver's employers-Contributory negligence.

REGINA v. MERSEY DOCKS AND HARBOUR BOARD (EX PARTE MINISTER OF TRANSPORT AND CIVIL AVIATION).

[1957] 2 Lloyd's Rep 127

Harbour authority-Transport charges- Application for revision-Refusal by independent harbour authority to supply relevant information-Motion for order of mandamus-Whether Liverpool "town dues" were charges demanded and taken in pursuance of any statutory provision-Transport Charges &c. (Miscellaneous Provisions) Act, 1954, Sect. 6.

JACKSON v. DOWRE BOAT COMPANY, LTD., AND ANOTHER.

[1957] 2 Lloyd's Rep 134

Ship-Licence to lie at berth-Revocation- Sinking of vessel after removal from berth by berth owners-Alleged negligence of berth owners-Liability of berth owners- Contributory negligence.

HOWARD v. PORT OF LONDON AUTHORITY.

[1957] 2 Lloyd's Rep 141

Master and servant-System of working-Moving casks from warehouse into vault in London dock-Claim by dock labourer injured by rolling cask-Whether working space obstructed by cars preventing operation of normal system-Liability of employers.

FITTOCK v. SHAW SAVILL & ALBION COMPANY, LTD.

[1957] 2 Lloyd's Rep 149

Master and servant-System of working- Unreasonable risk-Bad stowage-Unloading of cargo in bags from barge-Injury to stevedore-Foreseeability of risk-Liability of employers-Proof.

LEEDS SHIPPING COMPANY, LTD. v. SOCIETE FRANCAISE BUNGE.

[1957] 2 Lloyd's Rep 153

Charter-party-"Safe ports in Morocco"-Port unsafe in certain unpredictable weather conditions-Grounding of vessel while attempting to leave port during such weather conditions-Claim by shipowners alleging that port was not a safe port- Whether master voluntarily assumed risk- Alleged negligence of master-Causation- Liability of charterers. Damages-Clause in charter-party limiting damages to amount of freight-Enforceability.

UNIVERSAL CARGO CARRIERS CORPORATION v. PEDRO CITATI.

[1957] 2 Lloyd's Rep 191

Arbitration-Award in form of special case- Remission to arbitrator by Court-Whether proper exercise of discretion of Court- Discretion of Court to remit-Different considerations in final awards and awards in form of special cases.

THE "GREATHOPE."

[1957] 2 Lloyd's Rep 197

Collision-Fog-Radar-River-Deflection of compass by wreck-Seamanship-Duty to use radar.

GOULANDRIS BROTHERS, LTD. v. B. GOLDMAN & SONS, LTD.

[1957] 2 Lloyd's Rep 207

General average-Rule D, York-Antwerp Rules, 1950-Expenditure due to unseaworthiness of vessel-Claim by shipowners against cargo owners for general average contribution- Whether unseaworthiness due to a "fault" under Rule D-Contention by shipowners that cargo owners' "remedy" under Rule D was time barred by Art. III, r. 6, of the Hague Rules-Meaning of "fault" and "remedy"-Applicability of Art. III, r. 6, to general average contributions.

CURTIS & WILLIAM (AFRICA), LTD. v. E. G. MAAS (TRADING AS E. G. MAAS & CO.)

[1957] 2 Lloyd's Rep 223

Contract-Offer and acceptance-Chain contract- Consensus ad idem-Claim by sellers alleging breach by buyer-Denial by buyer that firm contract had been concluded-Whether sellers' offer accepted by buyer merely omitting to object to its terms.

BOSTON DEEP SEA FISHING AND ICE COMPANY, LTD. v. H. FARNHAM (H.M. INSPECTOR OF TAXES).

[1957] 2 Lloyd's Rep 238

Revenue-Income tax-Agency-"Non-resident person"-French trawler operated by British company-Liability of British company to tax as agent of French trawler owners- Alleged ratification of operations by French trawler owners-Income Tax Act, 1918, General Rules Applicable to Schedules A, B, C, D and E, Rules 5, 6, 10.

CITY STEAM FISHING COMPANY, LTD. (OWNERS OF THE MOTOR TRAWLER "HILDINA") v. ROBERTSON AND OTHERS. (THE "HILDINA.")

[1957] 2 Lloyd's Rep 247

Limitation of liability-"Actual fault or privity of owner"-Sinking of trawler with loss of life, owing to being held, with heavy list, by trawl-Operation of winch impossible-Unseaworthiness -Alleged detective equipment and lack of instruction-Alleged negligence of boatswain-Right of owners to limit liability-Merchant Shipping Act, 1894, Sect. 503.

PUGH v. HENVILLE AND OTHERS.

[1957] 2 Lloyd's Rep 261

Seamen-Offence against discipline-Refusal to obey orders to prepare vessel for sea- Alleged dangerous voyage-Whether reasonable grounds for refusal-Merchant Shipping Act, 1894, Sect. 225.

REALISATIONS INDUSTRIELLES ET COMMERCIALES SOCIETE ANONYME v. LOESCHER & PARTNERS.

[1957] 2 Lloyd's Rep 270

Bankruptcy-Defendants' bankruptcy-Effect on proceedings-Whether adjudication order operated as stay of proceedings-Bankruptcy Act, 1914, Sect. 9. Sale of goods-Breach-Documents-Letter of credit-Performance bond-Credit not opened -Allegation that performance bond did not comply with terms of contract-Proof.

CLARK v. LONDON SCALING COMPANY, LTD.

[1957] 2 Lloyd's Rep 274

Master and servant-Safe plant and appliances- Steel trestle on board ship-Injury to boiler scaler shifting trestle-Alleged defective trestle-Whether cause of accident.

THE "NAUGHTON."

[1957] 2 Lloyd's Rep 277

Negligent navigation-Barge coming alongside vessel moored in river-Collision with barge already alongside-Seamanship.

BRITISH TRANSPORT COMMISSION v. UNITED STATES. (THE "DUKE OF YORK.")*

[1957] 2 Lloyd's Rep 281

United States-Admiralty practice-Impleading -Proceedings for exoneration from, or limitation of, liability for collision-Right of parties to cross-claim against each other or damages arising out of the collision- General Admiralty Rules, Rule 56.

REGAZZONI v. K. C. SETHIA (1944), LTD.

[1957] 2 Lloyd's Rep 289

Contract-Illegality-Enforceability-Sale of Indian jute bags c.i.f. European port-Intention to tranship to South Africa-Export of such goods to South Africa (whether by direct or indirect shipment) prohibited by Indian law-Parties aware of prohibition-Nondelivery -Claim by buyer for damages- Recognition of Indian law-Public policy.

THE "GRANLI."

[1957] 2 Lloyd's Rep 302

Collision-River-Vessel crossing river- Hampering of vessel passing down river -Whether warning given by crossing vessel- Look-out-"Narrow channel" rule-River Mersey Rules, 1924, Rule 12.

UNIVERSAL CARGO CARRIERS CORPORATION v. PEDRO CITATI.

[1957] 2 Lloyd's Rep 311

Charter-party-Rescission-Delay by charterer in nominating berth and in providing cargo- Cancellation by owners before expiry of lay days-Alleged anticipatory breach. Costs-Extension of time and remission of award -Consideration of factors affecting Court's discretion as to costs of hearing up to time of remission; and costs of remission.

GOLD v. PATMAN & FOTHERINGHAM, LTD.

[1957] 2 Lloyd's Rep 319

Building contracts-Insurance-Alleged contractual duty on contractors to insure building owner against liability to owners of adjoining properties-Enforceability-Uncertainty- Alleged implied conditions precedent-Whether contractors' annual policy covered building owner fortuitously-R.I.B.A. Conditions, Clause 15 (a).

BIDDLE, SAWYER & CO., LTD. v. WALTER PETERS (TRADING AS BUROSE & PETERS).

[1957] 2 Lloyd's Rep 339

Sale of goods-Quality-Tinned pork in natural juice-Claim for breach of warranty as to quality-Agreement between buyers and seller on reduction in price-Part of purchase price not repaid by seller-Claim by buyers- Whether buyers under duty to claim under insurance policy-Sale of Goods Act, 1893, Sect. 14.

PLATA AMERICAN TRADING, INC., AND NORDHANDEL GESELLSCHAFT RUECKER-GIEHR & CO. v. LANCASHIRE; HAMBURG-AMERIKA LINIE; AND CHARLES MARTIN & CO.*

[1957] 2 Lloyd's Rep 347

Marine insurance-"Warehouse to Warehouse" Clause-Inception of risk-Shipment of tallow -Tallow being pumped from tanks to ship directed to tanks on same premises-Whether "in transit"-Passing of property-Insurable interest. Bill of lading-Recitals-Whether proof of quantity shipped. Bill of lading-Purchaser for value-Whether purchaser able to hold shipowners to recitals in bill of lading-Evidence that purchaser did not rely on recital. Negligence-Cargo inspector engaged and paid by supplier of tallow-Incorrect certification of quantity of tallow shipped-Liability of cargo inspector to shipper or consignees.

PHOEBUS D. KYPRIANOU v. CYPRUS TEXTILES, LTD.

[1957] 2 Lloyd's Rep 353

Sale of goods (c.i.f.)-Non-performance-Refusal of government to grant export licence until certiflcate provided by buyers-Delay by buyers in obtaining certiflcate-Licence granted at end of shipment period-Alleged impossibility of performance owing to "executive act" of government-Possibility of alternative method of performance- Incorporated Oil Seed Association Contract No. 8.

SAITCH v. GLEN LINE, LTD.

[1957] 2 Lloyd's Rep 362

Master and servant-Fellow-employee-Loading of sets of timber on to lorry-Injury to dock worker on lorry-Alleged negligence of crane-driver-Liability of employers.

BOOTH v. ELLERMAN'S WILSON LINE, LTD.

[1957] 2 Lloyd's Rep 366

Negligence-Means of access-Electrician leaving ship-Fall on gangway-Allegation that gangway tipped-Liability of shipowners- Proof.

NEIRYNCK-HOLVOET, S.A. v. J. MACKENZIE STEWART & CO., LTD.; JUTEWEBEREI EMSDETTEN v. BIRD & CO. (LONDON), LTD.

[1957] 2 Lloyd's Rep 368

Sale of goods (c.i.f.)-Export duty-"Any rise or fall paid on shipment to be for buyers' account"-Devaluation of rupee-Increase in rate of export duty-Whether sellers entitled to recover sums for alleged increase of export duty-London Jute Association Pakistan Contract.

WILLMORE AND WILLMORE (TRADING AS LISSENDEN POULTRY) v. SOUTH EASTERN ELECTRICITY BOARD.

[1957] 2 Lloyd's Rep 375

Contract-Electricity supply-Variation in voltage -Alleged breach of contract by suppliers- Whether suppliers' representative warranted that supply would be adequate-Alleged collateral contract.

BRYERS v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1957] 2 Lloyd's Rep 387

Shipbuilding Regulations, 1931-Public dry dock -Repairs to ship-Several repairers under contract with shipowners-Notional occupier -Means of access-Seaman's fall into well of unfenced lower hold-Liability of shipowners -"Duties"-Whether seaman within class of persons given civil right of action as result of breach of Regulations- Regulation 10.

THE "JUNO" AND THE "BANNPRINCE."

[1957] 2 Lloyd's Rep 399

Collision-River-Starboard-hand rule-Excessive speeds-Look-out-Consecutive collisions -Small vessel "cutting corner"-Seamanship.

THE "AURELIAN."

[1957] 2 Lloyd's Rep 417

Collision-Canal-Moored vessel-Defective moorings -Swinging of vessel's stern out into canal -Alleged excessive speed of passing vessel- Failure to alter course or to go astern- Whether breach of good seamanship.

AGRIMPEX HUNGARIAN TRADING COMPANY FOR AGRICULTURAL PRODUCTS v. SOCIEDAD FINANCIERA DE BIENES RAICES, S.A.

[1957] 2 Lloyd's Rep 423

Charter-party-Demurrage- Commencement of lay days-"Arrived ship"-Arrival of vessel in Buenos Aires Roads off port-Argentine Government order requiring vessels to wait in Roads owing to congestion in dock area -Police entry and loading permit (giro) not obtained by shipowners-Issue of loading permit dependent upon obtaining of certificate by charterers' agents and availability of cargo-Effect of omission to obtain permits-Duty on charterers as to availability of cargo-Whether parties aware of circumstances existing at port-Knowledge of agents-Whether to be attributed to principals-Meaning of "arrived ship"- Meaning of "commercial area."

BRITISH TRANSPORT COMMISSION v. "RATTRAY HEAD" (OWNERS).

[1957] 2 Lloyd's Rep 441

Negligence-Berthing of vessel-Collision with jetty-Contradictory orders by jetty owners -Erroneous signal by dock pilot-Claim by jetty owners-Alleged negligent navigation of vessel.

JACKSON v. VOKINS & CO., LTD.

[1957] 2 Lloyd's Rep 451

Master and servant-Safe plant and appliances- System of working-Docker-lighterman removing hatch covers from barge-Fall into hold-Alleged absence of pin securing fore-and-aft beam-Liability of employers.

NEWELL v. GRIMDITCH.

[1957] 2 Lloyd's Rep 457

Negligence-Unusual danger-Dock worker injured by falling door of lorry-Sinking of lorry when loaded-Lifting of door from hinges-Foreseeable danger-Liability of lorry driver's employer.

BARTOSIK v. CUNARD STEAM-SHIP COMPANY, LTD.

[1957] 2 Lloyd's Rep 461

Master and servant-Safe premises-Ship's galley -Injury to ship's cook-Alleged fall due to piece of coal on galley deck-Whether coal bunker door defective-Allegation that piece of coal was concealed by depth of water on galley deck owing to blocked scuppers- Liability of employers.

REGINA FUR COMPANY, LTD. v. BOSSOM.

[1957] 2 Lloyd's Rep 466

Insurance-All risks-Alleged loss of furs by burglary-Non-disclosure of previous conviction of director of insured company-Whether burglary occurred-Onus of proof-Pleadings -R.S.C., Order 19.

SIMONS v. GALE. (THE "CAP TARIFA.")*

[1957] 2 Lloyd's Rep 485

Marine contingency insurance-Breach of warranty -"All arrangements for conversion of vessel made at inception of insurance"-Meaning of "inception of insurance"-Whether firm contract made for conversion of vessel-Onus of proof as to breach or fulfilment of warranty.

TATE v. SWAN, HUNTER, AND WIGHAM RICHARDSON, LTD.

[1957] 2 Lloyd's Rep 495

Factories Act, 1937-Floor-Unfenced opening- Maintenance electrician's fall through opening in planking on gantry-Alleged duty on employers to fence opening-Whether planking a "floor"-Meaning of "floor"-Sect. 25 (3).

McAULEY v. LONDON TRANSPORT EXECUTIVE.

[1957] 2 Lloyd's Rep 500

Damages-Assessment-Personal injuries claim- Refusal by plaintiff to undergo operation- Effect upon damages-Appeal against quantum -Whether refusal unreasonable.

THE "HUDSON BAY."

[1957] 2 Lloyd's Rep 506

Collision-River-Turning in river-Look-out- Duty of approaching vessel to take action to avoid collision-Signals-Whether backing and filling manoeuvre covered by turning signal-Port of London River By-laws, 1938, Rule 30. Costs-Offer in settlement before trial-Whether equivalent to payment into Court.

IN RE FAZAL ILAHI AND RAZIM KHAN.

[1957] 2 Lloyd's Rep 517

Habeas corpus ad subjiciendum-Seamen (deserters) conveyed back to ship-Issuing of writ of habeas corpus-Court unaware of proceedings before Magistrates' Court-Whether order of Magistrates' Court void for want of jurisdiction -Merchant Shipping Act, 1894, Sects. 221, 222, 224.

NEAL v. GLEN LINE, LTD.

[1957] 2 Lloyd's Rep 522

Master and servant-Means of access-Slippery Jacob's ladder-Dock worker injured in fall from ladder from ship to barge alongside, in dock-Allegation that ladder had grease on it-Delay in bringing action-Unsatisfactory evidence.

SUDAN IMPORT & EXPORT COMPANY (KHARTOUM), LTD. v. SOCIETE GENERALE DE COMPENSATION.

[1957] 2 Lloyd's Rep 528

Sale of goods (f.o.b.)-Repudiation by buyers- Anticipatory breach-Claim by sellers for damages-Quantity to be used as basis for calculating damages-Whether contract quantity or contract quantity plus 10 per cent., in accordance with sellers' option- Date to be used for fixing market price- Incorporated Oil Seed Association Contract Form 38.

MANCHESTER SHIP CANAL COMPANY v. MINISTER OF TRANSPORT AND CIVIL AVIATION AND THE UPPER MERSEY NAVIGATION COMMISSIONERS.

[1957] 2 Lloyd's Rep 539

Inland waterway-Transport charges-Revision of charges-Application for declaration that charges were not charges which the undertakers were authorized to demand in pursuance of any statutory provision and that Order revising charges was ultra vires-Meaning of "charges"-Manchester Ship Canal Act, 1893, Sect. 35-Transport Charges &c. (Miscellaneous Provisions) Act, 1954, Sect. 6 -Upper Mersey Navigation (Revision of Charges) Order, 1956.

MALASS v. BRITISH IMEX INDUSTRIES, LTD.

[1957] 2 Lloyd's Rep 549

Practice-Letter of credit-Application by buyers for injunction to restrain sellers from drawing on letter of credit-Jurisdiction of Court-Alleged interference with established practice in commercial system.

THE "FEHMARN."

[1957] 2 Lloyd's Rep 551

Admiralty practice-Carriage of goods action- Jurisdiction of Court-Stay of proceedings- Cargo of turpentine delivered in contaminated condition-Claim by cargo-owners against shipowners-Bill of lading terms requiring disputes to be "judged in U.S.S.R."-Whether Court had jurisdiction, and, if so, whether proceedings should be stayed-Administration of Justice Act, 1956, Sect. 1 (1) (g).

THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD. v. THE "LATIRUS" (OWNERS).

[1957] 2 Lloyd's Rep 557

Barge-Sinking of barge in dock-Flooding by ship's discharge pipe-Barge adrift from moorings-Respective duties-Look-out-Port of London (Consolidation) Act, 1920, Sects. 149, 150, 155(5).

SMITH v. SILVERTOWN SERVICES, LTD., AND TATE & LYLE, LTD.

[1957] 2 Lloyd's Rep 569

Negligence-Safe premises-Barge-Gap between gratings on ceiling of barge-Dock worker unloading barge-Foot trapped in gap- Claim against loaders of barge-Alleged unusual danger.

ISLAND TUG & BARGE, LTD. v. THE "MAKEDONIA" (OWNERS).

[1957] 2 Lloyd's Rep 575

Salvage-Award-Assessment-Incidence of taxation -Whether a factor to be considered in estimating awards-Professional salvors- Lloyd's Standard Form of Salvage Agreement (No Cure-No Pay).

FREEMAN v. FURNESS, WITHY & CO., LTD.,

[1957] 2 Lloyd's Rep 586

Master and servant-Means of access-Safe premises-Lighting-Dock shed-Dried peas on floor-Injury to dock worker-Duty on employers to keep floor clear-Occupational hazard.

BRITISH IMEX INDUSTRIES, LTD. v. MIDLAND BANK, LTD.

[1957] 2 Lloyd's Rep 591

Documentary credits-Bills of lading-Refusal by bank to pay-Terms in bills of lading relating to marking and securing of goods- No statement on bill of lading that terms had been complied with-Allegation that terms were void under Hague Rules- Whether bank entitled to refuse payment.

I. & J. HYMAN (SALES), LTD. v. A. BENEDYK & CO., LTD.*

[1957] 2 Lloyd's Rep 601

Negligence-Fire-Bailees' premises-Damage to bailors' goods-Claim by bailors-Alleged accidental fire-Onus of proof-Fires Prevention (Metropolis) Act, 1774, Sect. 86.

Lloyd's Law Reports