i-law.com

WAUGH v. JAMES K. ALLAN, LTD.

[1964] 2 Lloyd's Rep 1

Negligence - Duty of care - Liability of employer of lorry driver to pedestrian injured when driver died while driving lorry-Whether driver negligent in driving lorry while physically unfit.

THE "NIMROD"

[1964] 2 Lloyd's Rep 9

Salvage-Engines broken down off lee shore, in gale - Towage services in improving weather.

CHEETHAM & CO., LTD. v. THORNHAM SPINNING COMPANY, LTD.

[1964] 2 Lloyd's Rep 17

Sale of goods-Passing of property in specific goods sold c.i.f.-Goods placed in buyers' warehouse-Documents retained by sellers -Whether property passed-Intention of parties-Sale of Goods Act, 1893, Sect. 17.

ATTREED v. ROYAL MAIL LINES, LTD., AND PACIFIC STEAM NAVIGATION COMPANY

[1964] 2 Lloyd's Rep 24

Negligence - Duty of care - Injury to shore gang rigger while collecting dunnage in hold of vessel - Liability of employers and/or shipowners.

SOCIEDAD CARGA OCEANICA S.A. v. IDOLINOELE VERTRIEBSGESELLSCHAFT m.b.H.

[1964] 2 Lloyd's Rep 28

Charter-party-Port charter-party-"place . . . reachable on her arrival" - Meaning - Liability of charterers for time waiting in roads outside port.

PAKHUISMEESTEREN, S.A. v. THE "GOTTINGEN", AND HAMBURG-AMERIKA LINIE (THE "GOTTINGEN" (No. 1))

[1964] 2 Lloyd's Rep 35

Bill of lading-Agreement to submit to German jurisdiction-Motion to dismiss action in U.S. Court - Whether agreement reasonable.

THE "GOTTINGEN" (No. 2)

[1964] 2 Lloyd's Rep 37

Bill of lading-Agreement to submit to German jurisdiction in bill of lading incorporating provisions of U.S. Carriage of Goods by Sea Act, 1936 (C.O.G.S.A.) - Effect of differences in German and U.S. law as to "perils of the sea".

PRACTICE DIRECTION

[1964] 2 Lloyd's Rep 42

Crown Office Certificates and Orders.

WM. CORY & SON, LTD. v. COMMISSIONERS OF INLAND REVENUE

[1964] 2 Lloyd's Rep 43

Revenue-Stamp duty-Conveyance or transfer on sale-Transfer of shares under option agreement before exercise of option - Whether transfers chargeable for stamp duty as conveyances on sale - Whether option agreement a contract for sale - Stamp Act, 1891, Sects. 54, 59-Meaning of "on".

F. C. BRADLEY & SONS, LTD. v. COLONIAL & CONTINENTAL TRADING, LTD.

[1964] 2 Lloyd's Rep 52

Sale of goods - Delivery - Sale of potatoes "immediate delivery" ex quay - No contract potatoes collected within 3 days- Whether potatoes available for delivery- Whether buyers entitled to repudiate contract.

FIRE AUTO & MARINE INSURANCE COMPANY, LTD. v. GREENE

[1964] 2 Lloyd's Rep 72

Practice - Joinder of parties - Action by insurers to avoid policy on grounds of non-disclosure and misrepresentation - Whether joinder of Motor Insurers' Bureau as defendants authorized - R.S.C., Order 15, r. 6 (2).

PARKINSON v. LYLE SHIPPING COMPANY, LTD.

[1964] 2 Lloyd's Rep 79

Master and servant - Safe plant - Alleged defective ship's boiler causing "blow-back" - Injury to donkeyman greaser - Liability of shipowners.

GRAY v. PORT OF LONDON AUTHORITY

[1964] 2 Lloyd's Rep 84

Negligence-Loading of lorry-Use of crane- Injuries to lorry driver while receiving load - Dispute as to cause - Alleged negligence of crane-driver - Liability of crane-driver's employers.

PRACTICE NOTE

[1964] 2 Lloyd's Rep 89

Commercial Court practice and procedure.

C. E. B. DRAPER & SON, LTD. v. EDWARD TURNER & SON, LTD.; H. G. GAMWELL, JNR., LTD. (THIRD PARTY); G. C. DOBELL & CO., LTD. (FOURTH PARTY); STEEL BROTHERS & CO., LTD. (FIFTH PARTY); Y. A. GANNY & SONS (SIXTH PARTY)

[1964] 2 Lloyd's Rep 91

Fertilisers and Feeding Stuffs Act, 1926 - Statutory warranty as to fitness for purpose-Whether contractual standard of proof limited warranty contrary to statute - Whether Act only applicable to "domestic" contracts - L.C.F.T.A. Form No. 6-Castor Seed Clause-Sect. 2 (2) of 1926 Act.

"THE LADY GWENDOLEN"

[1964] 2 Lloyd's Rep 99

Limitation of liability - "Actual fault or privity"-Collision due to negligent use of radar and navigation of vessel by master -Duty on owners to impress upon master urgency of use of radar in fog.

ARMSTRONG v. BRITISH WATERWAYS BOARD; JOHN GOOD & SONS, LTD. (THIRD PARTY)

[1964] 2 Lloyd's Rep 115

Contract - Indemnity by third party against personal injury claims by stevedores' employees, provided reasonable precautions taken to prevent accidents - Injury to stevedores' employee - Whether ship-worker, acting as agent of stevedores, gave instructions involving taking of risks. Master and servant-System of working-Injury to dock worker when set of cargo was raised without signal - Liability of employers. Damages-Injury to fingers preventing dock worker from playing piano.

ALLEN v. PORT LINE, LTD.

[1964] 2 Lloyd's Rep 120

Master and servant-Unnecessary risk-Injury to stevedore walking across tops of drums on vessel-Alleged duty to cover drums with dunnage-Liability of employers.

HARRINGTON v. ELLERMAN & PAPAYANNI LINES, LTD.

[1964] 2 Lloyd's Rep 122

Master and servant - Safe premises - Open hatch in forepeak - Injury to seaman - Liability of shipowners - Contributory negligence.

DANDY v. REGENT STEVEDORING COMPANY, LTD.

[1964] 2 Lloyd's Rep 128

Master and servant-Duty of care-Injury to dock worker when cargo was raised without warning-Negligence of hatchwayman -Liability of employers.

J. T. STRATFORD & SON, LTD. v. LINDLEY AND WATSON

[1964] 2 Lloyd's Rep 133

Trade Disputes Act, 1906 - Trade dispute - Extent of protection afforded by Sects. 1 and 3. Intimidation - Interference with contractual relations-Effect on common law of Trade Disputes Act, 1906.

MARGARONIS NAVIGATION AGENCY, LTD. v. HENRY W. PEABODY & CO., OF LONDON, LTD.

[1964] 2 Lloyd's Rep 153

Charter-party-Laytime-Loading deliberately delayed by charterers but completed within laytime-Liability of charterers for detention.

-Loading - "Full and complete cargo" - Right of charterers to load full cargo - Effect of master's declaration of quantity of cargo required - Whether loading of 12,588 tons 4 cwt. out of 12,600 tons constituted loading a "full and complete cargo" requiring charterers to enable vessel to sail before laytime expired -Applicability of "de minimis" rule.

"De minimis" rule-Applicability to quantity of cargo loaded and so abrogating charterers' right to load full cargo.

MORELAND v. ANCHOR LINE, LTD.

[1964] 2 Lloyd's Rep 160

Master and servant - Unnecessary risk - Steward struck by door opened by fellow-employee -Liability of shipowners.

AMALGAMATED GENERAL FINANCE COMPANY, LTD. v. C. E. GOLDING & CO., LTD.

[1964] 2 Lloyd's Rep 163

Contract-Agreement by insurance brokers to pay moneys received under policy to assured's assignee-Whether assignee had cause of action against brokers for non-payment. Estoppel-Denial by insurance brokers of validity of assignment by assured of its rights against insurers-Whether insurance brokers estopped by correspondence between them and assured. Assignment-"Chose" in action-Notice in writing not given to insurers-Right of assignees to sue in their own name-Law of Property Act, 1925, Sect. 136.

CLARK AND MILLS v. KIRBY-SMITH

[1964] 2 Lloyd's Rep 172

Solicitors - Defendant solicitor instructed to apply for new tenancy-Failure by defendant to give required notice-Whether liable in contract and/or tort-Measure of damages.

THE "ORLIK"

[1964] 2 Lloyd's Rep 177

Collision - River - Fog - Radar - Overtaking vessel-Excessive speed-Look-out-Collision Regulations, Rule 16 (b).

BROWN v. WESTMINSTER BANK, LTD.

[1964] 2 Lloyd's Rep 187

Banking-Forged cheques-Estoppel.

WESTMINSTER BANK, LTD. v. ZANG

[1964] 2 Lloyd's Rep 204

Banking-Cheques-Holder in due course- Holder for value-Cheques Act, 1957, Sect. 2.

MARTIN v. VOKINS & CO., LTD., AND N.V. ALLEGEMEEN SCHEEPVAART MAATS. SASKIA

[1964] 2 Lloyd's Rep 214

Negligence-Duty of care-Visitor to ship killed in fall from gangway-Liability of employers of lighterman who ran against him-Whether fall due to unsafe gangway -Liability of shipowners.

LIVERPOOL CORPORATION v. T. & H. R. ROBERTS AND MARSH; GARTHWAITE (THIRD PARTY)

[1964] 2 Lloyd's Rep 219

Motor-insurance-"Good state of repair"- "Driving . . . in an unsafe condition"- Defective brakes on insured motor coach -Collision between coach and bus- Liability of insurer to indemnify coach owners-Liability of coach owners to indemnify insurer against sums paid to injured third parties.

PRACTICE DIRECTION

[1964] 2 Lloyd's Rep 226

Central Office-Setting down for trial of actions in the Queen's Bench Division (O. 36, r. 4).

HARDWICK GAME FARM v. SUFFOLK AGRICULTURAL AND POULTRY PRODUCERS' ASSOCIATION, LTD.; WM. LILLICO & SON, LTD. (FIRST THIRD PARTY); GRIMSDALE & SONS, LTD. (SECOND THIRD PARTY); HENRY KENDALL & SONS (FIRST FOURTH PARTY); HOLLAND-COLOMBO TRADING SOCIETY, LTD. (SECOND FOURTH PARTY)

[1964] 2 Lloyd's Rep 227

Sale of goods-Merchantable quality-Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). -Fitness for purpose-Implied condition - Whether fact that buyers and sellers were members of same Trade Association rebutted presumption that buyers relied on sellers' judgment-Sale of Goods Act, 1893, Sect. 14 (1). Fertilisers and Feeding Stuffs Act, 1926 - Implied warranty of suitability-Whether applicable to feeding stuffs for pheasants and partridges-Whether applicable only to specific article sold in original state - Meaning of "poultry". -C.i.f. contracts-Applicability of Act - Unascertained goods - Passing of property-Effect of Sale of Goods Act, 1893, Sect. 16. -Exemption clauses in contracts-Effect of prohibition of contracting out in Act. Contract-Implied term from course of dealing -Whether conditions printed on contract notes sent to buyers in previous dealings could be impliedly incorporated into contract although buyers had never read those conditions. -Arbitration clause-Whether arbitration a condition precedent to right to bring action-Whether clause provided a time bar to action. London Cattle Food Trade Association Contract Form No. 6-Acceptance by buyers of allowance in respect of sand or silica- Whether buyers precluded from claiming in respect of other defects. -Arbitration clause in contract - Whether arbitration a condition precedent to right to bring action-Whether clause provided a time bar to action. Limitation of action - Contract - Whether arbitration clause provided time bar to action.

THE "MERAK"

[1964] 2 Lloyd's Rep 283

Bill of lading-Arbitration clause in charter-party -Whether incorporated into bill of lading-Whether in conflict with clause paramount-Applicability of Arbitration Act, 1950, Sect. 4 (2) where there had been no submission to arbitration founded on earlier agreement to arbitrate- Whether time for giving notice of arbitration should be extended. Arbitration-Stay of proceedings-Applicability of Arbitration Act, 1950, Sect. 4 (2) -Meaning of "submission"-Whether grounds for extension under Sect. 27.

GARNAC GRAIN COMPANY, INC. v. H. M. F. FAURE & FAIRCLOUGH, LTD., AND BUNGE CORPORATION

[1964] 2 Lloyd's Rep 296

Sale of goods-Fraudulent misrepresentation by undisclosed principals-Whether contract enforceable by agents. Contract-Circle contract-Fraudulent misrepresentation -Enforceability of contract.

GROVER v. REEDEREI RICHARD SCHRODER

[1964] 2 Lloyd's Rep 325

Damages-Assessment-Personal injuries claim.

BANQUE GENEVOISE DE COMMERCE ET DE CREDIT v. COMPANIA MARITIMA DI ISOLA SPETSAI LTDA. (THE "SPETSAI PATRIOT")

[1964] 2 Lloyd's Rep 329

Mortgage of ship-Mortgagee's action "in rem" for principal sum and interest- Alleged breach by mortgagor-Whether mortgage superseded by later agreement- Amount due not ascertainable at date of alleged breach-Effect.

LETANG v. COOPER

[1964] 2 Lloyd's Rep 339

Law Reform (Limitation of Actions, &c.) Act, 1954-Trespass to the person-Whether "negligence" or "breach of duty" within Sect. 2. Limitation of action-Trespass to the person- Whether within Law Reform (Limitation of Actions, &c.) Act. 1954, Sect. 2.

ADAMS v. ANDREWS

[1964] 2 Lloyd's Rep 347

Negligence-Passenger in car injured in road accident-Liability of car driver. Motor Insurers' Bureau-Untraced driver's negligence causing accident-Possibility of ex gratia payment by M.I.B.-Comments by Court.

BAGOT v. STEVENS SCANLAN & CO.

[1964] 2 Lloyd's Rep 353

Limitation of action-Accrual of cause of action - Architect and client - Alleged breach of duty by architect-Whether action lay in contract or tort-Limitation Act, 1939, Sect. 2 (1) (a).

EDWARDS v. LYLE SHIPPING COMPANY, LTD.

[1964] 2 Lloyd's Rep 358

Negligence-Safe premises-Slippery deck- Obvious danger-Fitter's fall on patch of oil-Liability of shipowners-Contributory negligence.

UNIVERSAL GUARANTEE PTY., LTD. v. NATIONAL BANK OF AUSTRALASIA, LTD.

[1964] 2 Lloyd's Rep 362

STEWART v. WEST AFRICAN TERMINALS, LTD., AND J. RUSSELL & CO.

[1964] 2 Lloyd's Rep 371

Negligence - Duty of care - Injury to boilermaker while lifting slack wire obstructing passageway on deck of vessel -Foreseeability-Liability of stevedores.

PERISHABLES TRANSPORT COMPANY, LTD. v. N. SPYROPOULOS (LONDON), LTD.

[1964] 2 Lloyd's Rep 379

Principal and agent-Forwarding agents- Carriage by air-Freight paid by forwarding agents - Default of consignees - Whether forwarding agents acting as agents - Liability of principals to indemnify agents.

THE "WALUMBA"

[1964] 2 Lloyd's Rep 382

Salvage-Award-Considerations.

THE "WALUMBA" (OWNERS) v. AUSTRALIAN COASTAL SHIPPING COMMISSION

[1964] 2 Lloyd's Rep 387

United Kingdom Standard Towage Conditions -Salvage award against tug-Liability of hirer to indemnify tug-owner-Meaning of "whilst towing"; "consequences thereof". -Applicability of conditions when tug hired from pool. Contract-Privity of contract-Tug engaged from pool-Whether tug-owners and hirers bound by tug-owners' usual conditions of contract although invoice sent and payment received by another member of pool.

THE "DAGALI"

[1964] 2 Lloyd's Rep 395

United States-Limitation of action-Foreign tort-Whether foreign or U.S. limitation statute applicable-Whether delay in bringing action excusable.

UNITED STATES OF AMERICA v. ANCHOR LINE, LTD.; BRISTOL CITY LINE OF STEAMSHIPS, LTD.; CANADIAN PACIFIC RAILWAY COMPANY; CUNARD STEAM-SHIP COMPANY, LTD.; FURNESS, WITHY & CO., LTD.; ULSTER S.S. COMPANY, LTD. (HEAD LINE & LORD LINE); MANCHESTER LINERS, LTD.

[1964] 2 Lloyd's Rep 397

United States Shipping Act, 1916-Foreign corporations' contracts entered into abroad not filed with F.M.B.-Applicability of U.S. Act-Jurisdiction of U.S. Courts-Effect of "Aide Memoire" from British Embassy.

THE "BRITISH AVIATOR"

[1964] 2 Lloyd's Rep 403

Collision - Fog - Radar - Improper use - Excessive speed - Failure to stop engines and navigate with caution-Alteration of course-Collision Regulations 1954, Rule 16-M.O.T. Notice, No. M.445.

BRITISH OIL & CAKE MILLS, LTD. v. JOHN H. WHITAKER (TANKERS), LTD. (THE "GRAINGER'S NO. 4")

[1964] 2 Lloyd's Rep 415

Admiralty practice-Preliminary acts-Discretion of Court to dispense with filing of preliminary act-R.S.C., Order 75, r. 18.

THE QUEEN v. NATIONAL DOCK LABOUR BOARD. EX PARTE NATIONAL AMALGAMATED STEVEDORES & DOCKERS

[1964] 2 Lloyd's Rep 420

Dock Labour Board-Appointment of representatives to local dock labour board by National Dock Labour Board-Rejection by National Board of nominations submitted by body allegedly representative of dock workers-Practice of Board to make appointments on nominations by port joint committees-Whether Board acted in compliance with duty under dock labour Scheme-Dock Workers (Regulation of Employment) (Amendment) Order, 1961, S.I. 1961, No. 2107, Second Schedule.

FORDYCE v. PORT OF LONDON AUTHORITY

[1964] 2 Lloyd's Rep 430

Master and servant-Unnecessary risk-System of working-Deal porter injured in fall from stack of timber at dock-Timber stacked by third party-Liability of employers.

CADMAN v. GENERAL LIGHTERAGE COMPANY, LTD., AND T. F. MALTBY, LTD.

[1964] 2 Lloyd's Rep 437

Occupiers' Liability Act, 1957-Safe premises -Barge-Bad stowage of cargo in bags- Dock worker injured while escaping from falling tier-Liability of barge-owners- Liability of stevedores (responsible for loading barge) to indemnify barge-owners.

PRESIDENT OF INDIA v. WEST COAST STEAMSHIP COMPANY (THE "PORTLAND TRADER")

[1964] 2 Lloyd's Rep 443

Unseaworthiness - "Due diligence to . . . properly man, equip, and supply the ship" -Absence of radar and loran-Dangerous waters-Failure to safeguard cargo after casualty-Negligence of master-Sea-water damage to cargo-Claim by cargo-owners - Liability of shipowners - U.S. Carriage of Goods by Sea Act, 1936. Carriage by sea - Negligence of master - Liability of shipowner.

ESMAIL (TRADING AS H. M. H. ESMAIL & SONS) v. J. ROSENTHAL & SONS, LTD.

[1964] 2 Lloyd's Rep 447

Sale of goods (c.i.f.)-Description-Rejection -Goods shipped, in one vessel, under two sets of documents each covering half total quantity-Whether buyers entitled to reject goods under one set of documents yet accept goods under other set- Meaning of "shipment".

REDGEWELL v. PORT OF LONDON AUTHORITY

[1964] 2 Lloyd's Rep 467

Master and servant-Unnecessary risk-System of working-Injury to oiler while repairing conveyor belt in silo - Liability of employers.

HENRY BROWNE & SON, LTD. v. SMITH

[1964] 2 Lloyd's Rep 476

Contract-Non-performance-Party to be sued -Whether contract entered into by defendant, company formed by defendant, or that company acting as agent for defendant. Principal and agent-Sale of goods-Goods supplied to yacht allegedly chartered by defendant to company formed by defendant -Allegation that charter was sham in that defendant was not owner at date of charter, and that contract was concluded with defendant, or with company as agent for defendant. Company law-Sale of goods to company formed by defendant-Whether company a sham and contract was, in fact, concluded with defendant.

MACARTNEY-FILGATE v. BISHOP & SONS DEPOSITORIES, LTD.

[1964] 2 Lloyd's Rep 480

Warehousemen-Duty of care-Goods stolen from warehouse-Whether warehousemen took reasonable care of goods-Whether warehousemen protected by conditions of contract.

EAST HAM BOROUGH COUNCIL v. BERNARD SUNLEY & SONS, LTD.

[1964] 2 Lloyd's Rep 491

R.I.B.A. Contract Form No. 8-Final certificate of architect-Whether conclusive evidence in arbitration-Meaning of "a reasonable examination"-Measure of damages.

THE "NASSAU"

[1964] 2 Lloyd's Rep 509

Collision-Radar-Overtaking vessel's duty- Bad visibility-Look-out-Excessive speed.

THE "SIREN"

[1964] 2 Lloyd's Rep 516

Salvage-Docking services-Risk of grounding in river when tide ebbed. Costs-Effect of open offer.

THE "BULGARIA"

[1964] 2 Lloyd's Rep 524

Admiralty practice-Bail bond-Application to file qualified bail bond.

THE "MERAK"

[1964] 2 Lloyd's Rep 527

Bill of lading-Arbitration clause in charter-party -Whether incorporated into bill of lading-Whether in conflict with clause paramount-Applicability of Arbitration Act, 1950, Sect. 4 (2) where there had beer no submission to arbitration founded on earlier agreement to arbitrate- Whether time for giving notice of arbitration should be extended. Arbitration-Stay of proceedings-Applicability of Arbitration Act, 1950, Sect. 4 (2) -Meaning of "submission"-Whether grounds for extension under Sect. 27.

THE "NAUGHTON"

[1964] 2 Lloyd's Rep 539

Collision-River-Anchored barge-Whether holed by anchor of vessel mooring alongside.

PAGE v. WILLIAMS

[1964] 2 Lloyd's Rep 546

Seaman-Discipline-Fishing boat-Disobedience to lawful commands - Whether repetition of single command on number of occasions and by different persons amounted to "commands" within Sect. 376 (1) (e) of M.S.A., 1894.

HAMMOND v. HALL & HAM RIVER, LTD.

[1964] 2 Lloyd's Rep 549

Road Traffic Act, 1960-"C" carrier's licence -Carriers paid to remove goods which became property of carriers-Whether carriage exempted under Sect. 164 (5) (a).

THE "GLOUCESTER NO. 26"

[1964] 2 Lloyd's Rep 554

Limitation of liability-Collision-Privity of owner-master sued as owner-Whether owner-master entitled to limit his liability for collision damage resulting from his negligence. Collision-Vessel stopped in water but under command - Lights - Look-out-Applicability of "overtaking" rule-Collision Regulations, 1954, Rules 24, 29.

GRAHAM v. SEAGOE

[1964] 2 Lloyd's Rep 564

Sale of ship-Arbitration clause in contract- Dispute between parties-Action commenced for non-payment-Application to stay action on ground that dispute was within arbitration clause.

Lloyd's Law Reports