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THE "MARINEGRA".

[1960] 2 Lloyd's Rep 1

Collision - River - Starboard - hand rule - Steerage-way - Vessel not answering helm - Approaching vessel aware that other vessel was having difficulty in rounding bend in river - Altering of course and increasing of speed - Alleged negligent loss of steerage-way -Assessors - Observations on functions of Assessors.

DAVIES v. MANCHESTER SHIP CANAL COMPANY.

[1960] 2 Lloyd's Rep 11

Master and servant-Unnecessary risk-Unloading reels of newsprint from hold of vessel-Use of "slipper"-Injury to dock worker-Liability of employers.

WINGFIELD v. ELLERMAN'S WILSON LINE, LTD.

[1960] 2 Lloyd's Rep 16

Negligence-Safe premises-Means of access- Insecure ladder from quay to lighter-Dock worker's fall-Obvious danger-Liability of employers-Duty on employers to inspect means of access-Contributory negligence of dock worker.

THE "HELENE B. SCHUPP."

[1960] 2 Lloyd's Rep 23

Collision - River - Vessel navigating in centre of channel putting approaching vessel in difficulty - Whether departure from narrow-channel rule justified.

LAING v. ROYAL MAIL LINES, LTD.

[1960] 2 Lloyd's Rep 33

Master and servant-Unnecessary risk-Safe plant and appliances-Injury to painter using stool -Whether step-ladder should have been provided-Liability of employers.

NEWBERRY v. JOSEPH WESTWOOD & CO., LTD.

[1960] 2 Lloyd's Rep 37

Master and servant-Unnecessary risk-Safe means of access-Injury to labourer pushing laden rail truck into wharf shed-Alleged defective surface of floor-Factories Act, 1937, Sects. 25 (1), 26 (1)-Docks Regulations, 1934, Regulation 1.

ATLANTIC METAL COMPANY, LTD. v. HEPBURN.

[1960] 2 Lloyd's Rep 42

All risks insurance-Metal in store-Alleged loss -Reliability of stock cards-Liability of insurers.

D. BADCOCK, LTD. v. MIDDLESEX COUNTY COUNCIL AND LONDON COUNTY COUNCIL.*

[1960] 2 Lloyd's Rep 57

Practice-New trial-Submission to judgment by plaintiffs at original trial-Appeal by plaintiffs for new trial, alleging that they had not received satisfactory hearing.

THE "LIVERPOOL."

[1960] 2 Lloyd's Rep 66

Limitation of liability-Wreck-removing expenses -Double proof against limitation fund- Mitigation of loss-Sinking of steamship O. in River Mersey owing to admitted negligence of steamship L.-Claim by harbour authority against L. for lull cost of removing wreck- Inclusion by O. of amount of her statutory liability for removal expenses to harbour authority in her claim against L.-Admissibility of both claims against limitation fund - Mersey Docks and Harbour Board Act, 1954, Sect. 3.

N.V. REEDERIJ AMSTERDAM v. PRESIDENT OF INDIA. (THE "AMSTELMOLEN.")

[1960] 2 Lloyd's Rep 82

Charter-party-Demurrage-Berth not available- No fault of charterers or owners-Effect of Centrocon Strike Clause - Steamer to load ". . . with customary berth dispatch, and if detained longer than five weather working days . . . to pay demurrage" - Whether a fixed laytime charter-party-Approved Baltimore Berth Grain Charter Party-Steamer.

MANNING v. JOHN WRIGHT & SON (BLACKWALL), LTD.

[1960] 2 Lloyd's Rep 95

Master and servant-Unnecessary risk-Foreseeability of injury-Painter injured while painting ship from gunwale of barge- Infrequency of previous accidents-Liability of employers.

RICHARD AUBREY FILM PRODUCTIONS, LTD. v. GRAHAM.

[1960] 2 Lloyd's Rep 101

All-risks insurance-Film negative stolen-Measure of indemnity.

SIMON WARRENDER PROPRIETARY, LTD. v. SWAIN.*

[1960] 2 Lloyd's Rep 111

Errors and omissions insurance-Insurance brokers -Wilful and deliberate acts of employees- Whether within meaning of policy.

PRACTICE DIRECTION

[1960] 2 Lloyd's Rep 117

Review of taxation of costs under Rule 35 of the Supreme Court Costs Rules, 1959.

MEMORANDUM ON THE POWERS OF THE CHANCERY MASTERS.

[1960] 2 Lloyd's Rep 118

ULLAH v. HALL LINE, LTD.

[1960] 2 Lloyd's Rep 121

Costs - Legal aid - Taxation - Expert witnesses' fees and reports-Items allowed on party and party taxation-Whether solicitor entitled to those items on solicitor and client taxation- Whether report and calling of expert witnesses at higher figure than that prescribed in general authority specifically authorised; and, if not, whether solicitor entitled to rely on general authority - Legal Aid (General) Regulations, 1950, Regulation 14.

BEARMANS, LTD., AND LONDON & LANCASHIRE INSURANCE COMPANY, LTD. v. RECEIVER FOR THE METROPOLITAN POLICE DISTRICT.

[1960] 2 Lloyd's Rep 131

Evidence Act, 1938-Admissibility of statements by deceased witness of crime as evidence in consequent civil proceedings-Sect. 1 (3)- Meaning of "interested"; "proceedings"; "pending"; and "anticipated".

POCOCK v. CENTURY INSURANCE COMPANY, LTD.*

[1960] 2 Lloyd's Rep 150

Personal accident insurance-Benefit payable for "temporary total disablement from attending to business of any and every kind"-Nature of disablement required.

MAXWELL v. PRICE (HALFORD, THIRD PARTY).

[1960] 2 Lloyd's Rep 155

Solicitors' Indemnity Insurance-Claim in respect of negligent act committed by solicitor prior to his joining insured firm.

PRACTICE DIRECTION.

[1960] 2 Lloyd's Rep 166

Patents and Registered Designs.

NOTICE CHANCERY CHAMBERS

[1960] 2 Lloyd's Rep 167

DAVEY v. SCRUTTONS, LTD.

[1960] 2 Lloyd's Rep 169

Negligence-Loading of barge-Injury to lighterman allegedly attempting to avoid swinging hatch beam-Stevedores found to have been negligent-Appeal by stevedores' employers- Grounds for reversing trial Judge.

THE "AMSTELSTAD."

[1960] 2 Lloyd's Rep 178

Collision - River - Turning in river - Duty on approaching vessel and duty on vessel making turn-Port of London River By-laws, 1938, Rule 30.

THE "HIMMERLAND."

[1960] 2 Lloyd's Rep 185

Collision-River-Vessel crossing river-Look-out -Duty on vessels to give and take-Port of London River By-laws, 1938, Rule 39.

THE "LIANA."

[1960] 2 Lloyd's Rep 191

Collision - Fog - Alteration of course before sighting-Excessive speed-Vessels on opposite courses.

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

[1960] 2 Lloyd's Rep 195

Master and servant-Unnecssary risk-Staging in engine-room of vessel lying in river at shipyard-Defective plank-Absence of guard-rail -Injury to shipwright's mate-Liability of employers.

LEVAL & CO., INC. v. COLONIAL STEAMSHIPS, LTD.*

[1960] 2 Lloyd's Rep 198

Carriage of goods by sea-Management of vessel- Damage to cargo by perils of sea-Alleged failure by master properly to care for cargo- Intervention by shipowners'' marine superintendent - Whether shipowners had thereby taken over control of vessel from master and were personally responsible-Canadian Water Carriage of Goods Act, 1936, Art. III, r. 2, Art. IV, r. 2 (a), (c).

WESTFAL-LARSEN & CO., A/S v. COLONIAL SUGAR REFINING COMPANY, LTD.

[1960] 2 Lloyd's Rep 206

General average - Unseaworthiness - Bunkers - Allegations that shipowners' breach of charter-party in supplying unsuitable bunkers, entitled charterers to be indemnified by shipowners from liability for consequent general average-Whether shipowners protected by charter-party terms.

THE "SUNOAK."

[1960] 2 Lloyd's Rep 213

Admiralty practice-Motion to stay proceedings- Action commenced more than two years after collision-Impecuniosity of plaintiff-Maritime Conventions Act, 1911, Sect. 8.

THE "BEAVERFORD."

[1960] 2 Lloyd's Rep 216

Admiralty practice - Preliminary acts - Collision between barge and ship-Port authority's servants engaged in movement of barge and direction of ship-Whether port authority should file preliminary act-R.S.C., Order 19, r. 28.

THE "EVJE."

[1960] 2 Lloyd's Rep 221

Collision - Fog - Radar - Speed - Alteration of courses before sighting.

BERRY v. PORT OF LONDON AUTHORITY.

[1960] 2 Lloyd's Rep 233

Negligence - Safe premises - Unusual danger - Slippery dock road-Injury to lorry driver- Liability of dock authority.

AUSTRALIA & NEW ZEALAND BANK, LTD. v. COLONIAL & EAGLE WHARVES, LTD.; BOAG (THIRD PARTY).

[1960] 2 Lloyd's Rep 241

All-risks insurance-Misdelivery of goods charged to Bank by wharfingers without Bank's authority - Claim by wharfingers to be indemnified by insurers against liability to Bank-Whether goods lost by peril insured against-Alleged non-disclosure of defect in system-Whether knowledge of servants to be imputed to wharfingers-Effect of Excess Clause.

WESSANEN'S KONINKLIJKE FABRIEKEN N.V. v. ISAAC MODIANO, BROTHER & SONS, LTD.

[1960] 2 Lloyd's Rep 257

Arbitration-Arbitrators-Misconduct of umpire- Authority of arbitrator (advocate before umpire) to waive alleged irregularity in procedure in reading and submitting of Counsel's opinion by opposing arbitrator.

REES v. THE ADMIRALTY.

[1960] 2 Lloyd's Rep 261

Master and servant - Fellow-employee - Unsafe system of working - Liability of employers - Contributory negligence - Apportionment of blame. Damages - Assessment - Appeal against "quantum".

THE "PACIFIC CONCORD."

[1960] 2 Lloyd's Rep 270

Damages-Assessment-Collision damage-Duty on shipowner to mitigate damages - Choice of time and place for non-essential repairs - Whether claims for loss of profit and detention both allowable.

THE "VERENA."

[1960] 2 Lloyd's Rep 286

Collision-Fog-Vessel entering log bank-Lookout.

DANIELS v. LONDON GRAVING DOCK COMPANY, LTD.

[1960] 2 Lloyd's Rep 293

Negligence-Safe premises-Dry dock-Slippery floor-Visitor's fall-Liability of dock owners.

JOHS. THODE v. VDA. DE GIMENO Y CIA. S.L.

[1960] 2 Lloyd's Rep 298

Charter-party-Cancellation-Orders for loading port given before vessel reached order port- Whether amounting to waiver by charterers of vessel's obligation to arrive at order port before cancelling time-Effect on option to cancel-Effect of shipowners' prior failure to ask for orders.

JARVIS v. BOAL QUAY WHARFINGERS, LTD.

[1960] 2 Lloyd's Rep 309

Master and servant-Fellow-employee-System of working-Shunting of wagons by rope and capstan - Injury to hooker-on - Alleged negligence of capstan man-Liability of employers.

WESTERN CANADA STEAMSHIP COMPANY, LTD. v. CANADIAN COMMERCIAL CORPORATION.

[1960] 2 Lloyd's Rep 313

General average-Unseaworthiness-Victory ship -Broken tailshaft-Replacement flown from U.K. to Singapore-Liability of cargo-owners for contribution-Whether shipowner exercised due diligence to make vessel seaworthy- State of knowledge at time of casualty.

ALDER v. MOORE.

[1960] 2 Lloyd's Rep 325

Insurance - Group Personal Accident Scheme - "Permanent total disablement"-Payment to footballer on condition that he took no part "as a playing member of any form of professional football"-Football subsequently played professionally-Whether sum paid to be returned - Alleged "penalty" clause - Construction of policy - "Contra proferentem" principle.

PACE v. MOUNTSTUART DRY DOCKS, LTD.

[1960] 2 Lloyd's Rep 337

Damages-Assessment-Appeal against quantum. Costs-Effect of payments into Court before trial and before hearing of appeal.

ENRICO FURST & CO. v. W. E. FISCHER, LTD.

[1960] 2 Lloyd's Rep 340

Sale of goods-Non-delivery-Credit in accordance with contract not opened by buyers-Whether that breach was waived by sellers and their non-delivery was wrongful repudiation - Meaning of "S.S. Co.'s Bills of Lading."

GOVERNMENT OF CEYLON v. SOCIETE FRANCO-TUNISIENNE D'ARMEMENT-TUNIS. THE "MASSALIA" (No. 2).

[1960] 2 Lloyd's Rep 352

Charter-party-Demurrage-"Time lost in waiting for berth to count as discharging time" -Whether shipowners entitled to add time vessel kept waiting for berth to discharging time-Gencon charter-party. Charter-party - Laytime - Over-stowed cargo - Whether time did not begin to run until all charter cargo was accessible.

BROWNING v. PHOENIX ASSURANCE COMPANY, LTD.

[1960] 2 Lloyd's Rep 360

Motor insurance-Driver-Use-Accident-Insured car being driven by garage foreman-Whether a "Person . . . driving . . . on the Insured's order or with his permission"-Whether car being used "for any purpose in connection with the Motor Trade"-Effect of car being used for two purposes simultaneously.

SHILLING v. PORT OF LONDON AUTHORITY.

[1960] 2 Lloyd's Rep 368

Master and servant-Means of access-Staging on stack of timber - Deal porter's fall from staging - Alleged use of round bars as supports-Whether staging moved.

PRACTICE DIRECTION.

[1960] 2 Lloyd's Rep 378

Judgments and Orders drawn up by the Chancery Registrars.

BEARMANS, LTD., AND LONDON & LANCASHIRE INSURANCE COMPANY, LTD. v. RECEIVER FOR THE METROPOLITAN POLICE DISTRICT.

[1960] 2 Lloyd's Rep 381

Evidence Act, 1938-Admissibility of statements by deceased witness of crime as evidence in consequent civil proceedings-Sect. 1 (3)- Meaning of "interested"; "proceedings"; "pending"; and "anticipated".

HALES v. RELIANCE FIRE & ACCIDENT INSURANCE CORPORATION, LTD.

[1960] 2 Lloyd's Rep 391

Insurance-Proposal form-Untrue answer-Continuing warranty-Alleged ambiguity in proposal form-Liability of insurers to indemnify assured in respect of loss within policy. Insurance - Non-disclosure - Compound Retail Shopkeepers' Policy-Duty on proposer to disclose (a) that fireworks would be kept on premises for a short time; and (b) that fireworks were not stored properly.

HENRY v. SAMUEL WEST, LTD.

[1960] 2 Lloyd's Rep 397

Master and servant-Unnecessary risk-Lowering of mast on barge to navigate bridge-Injury to barge master-Alleged unsafe method of securing mast-Liability of employers.

BIRD v. SCRUTTONS, LTD.

[1960] 2 Lloyd's Rep 402

Master and servant-Safe premises-Unloading of reels of paper from hold of vessel in dock- Stevedore injured by swinging reels-Liability of employers - Docks Regulations, 1934, Regulation 41.

THAMES LAUNCHES, LTD. v. CORPORATION OF TRINITY HOUSE.

[1960] 2 Lloyd's Rep 407

Practice-Civil and criminal proceedings involving same issue (compulsory pilotage)-Motion by plaintiffs in civil proceedings to stay later criminal proceedings commenced by defendants to civil action-Jurisdiction of Court.

HARCUP v. COMPANIA ARGENTINA DE PESCA, S.A.

[1960] 2 Lloyd's Rep 415

Docks Regulations, 1934 - Means of access - Lighting - Stevedore injured in fall from ladder in hold of vessel-Ladder consisting of two differently constructed sections - Allegation that change in construction and obstruction on ladder constituted dangers- Alleged inefficient lighting - Regulations 11, 12.

THE "HEBRIDEAN COAST."

[1960] 2 Lloyd's Rep 423

Damages-Assessment-Non-profit-making body's vessel damaged in collision-Claim for loss by detention-Measure of damages.

ROYAL NORWEGIAN GOVERNMENT v. CONSTANT & CONSTANT AND CALCUTTA MARINE ENGINEERING COMPANY, LTD.

[1960] 2 Lloyd's Rep 431

Repairs to ship-Payment-Dispute as to charges -Deposit of moneys by requisitioning Government held jointly by agents of ship-repairers and the Government-Whether Government entitled to release to them of deposit- Whether counterclaim by ship-repairers to release to them of deposit was time-barred.

THOMAS v. NATIONAL FARMERS UNION MUTUAL INSURANCE SOCIETY, LTD.

[1960] 2 Lloyd's Rep 444

Fire insurance-Hay and straw destroyed by fire on a farm quitted by assured-Passing of property in hay and straw to landlord under Agricultural Holdings Act, 1948-Liability of insurers to indemnify assured-Agricultural Holdings Act, 1948, Sects. 12, 45, 47, 51, 70, 71, 72.

COCKERTON v. NAVIERA AZNAR, S.A.

[1960] 2 Lloyd's Rep 450

Contract-Passenger ticket-Terms and conditions -Effective notice-Personal injuries sustained by passenger and wife on vessel, at sea, in heavy weather - Liability of shipowners - Whether shipowners entitled to indemnity under ticket conditions.

PRACTICE DIRECTION.

[1960] 2 Lloyd's Rep 467

Authorities-List to be given to Court usher.

PRACTICE DIRECTION.

[1960] 2 Lloyd's Rep 467

Contempt of Court - Appeals from Chancery Division.

PRACTICE DIRECTION.

[1960] 2 Lloyd's Rep 468

Corrective training-Period of sentence.

COMPANIA NAVIERA SANTI, S.A. v. INDEMNITY MARINE ASSURANCE COMPANY, LTD. (THE "TROPAIOFOROS.")

[1960] 2 Lloyd's Rep 469

Marine insurance-Scuttling.

PRACTICE NOTE.

[1960] 2 Lloyd's Rep 512

Witnesses conditionally bound over-Form 23 of the Magistrates Courts (Forms) Rules, 1952.

Lloyd's Law Reports