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FRASER v. B. N. FURMAN (PRODUCTIONS), LTD.; MILLER, SMITH & PARTNERS (THIRD PARTY)

[1967] 2 Lloyd's Rep 1

Insurance brokers-Failure to effect insurance for client against employers' liability- Whether insurers would have indemnified insured-Effect on damages.

THE "BRITISH PATROL"

[1967] 2 Lloyd's Rep 16

Collision-Narrow channel-Vessels approaching head-on-Tardy avoiding action- Alteration of course to port. Costs-"Follow the event"-Effect of offer before trial.

GARNHAM, HARRIS & ELTON, LTD. v. ALFRED W. ELLIS (TRANSPORT), LTD.

[1967] 2 Lloyd's Rep 22

Carriage of goods-Sub-contracting-Loss due to negligence of road haulage contractors in sub-contracting-Whether amounting to conversion and fundamental breach-Right to sub-contract-Road Haulage Association, Ltd.'s Conditions of Carriage. Conversion-Sub-contracting of carriage of goods-Loss of goods-Liability of contractors.

J. W. DWYER, LTD. v. RECEIVER FOR THE METROPOLITAN POLICE DISTRICT

[1967] 2 Lloyd's Rep 29

Riot (Damages) Act, 1886-Robbery-Whether thieves were assembled "riotously and tumultuously" in jeweller's shop-Sect. 2.

POST OFFICE v. ESTUARY RADIO, LTD.

[1967] 2 Lloyd's Rep 34

Wireless Telegraphy Act, 1949 - Wireless transmitter operated in Thames Estuary - Whether situated within United Kingdom or its territorial waters. International law - Internal and territorial waters - "Indentation" of the coast (Thames Estuary); Whether a "bay" - Whether Spile and Middle Sands were "low-tide elevations". Evidence - Standard of proof - Expert evidence in civil case - Criminal conduct alleged - Whether civil or criminal standard of proof to be applied.

BRITAIN & OVERSEAS TRADING (BRISTLES), LTD. v. BROOKS WHARF & BULL WHARF, LTD.

[1967] 2 Lloyd's Rep 51

Contract-Exemption clause-Contract of bailment between warehousemen and third party-Whether purchaser of goods from third party affected by its terms-Effect of previous dealings. Warehousemen-Damage to goods in warehouse- Burst water pipes-Liability of warehouse-keepers-London Wharfingers' Clause.

ANGLO-CONTINENTAL HOLIDAYS, LTD. v. TYPALDOS LINES (LONDON), LTD.

[1967] 2 Lloyd's Rep 61

Contract-Breach-Cruise bookings- "Steamers . . . and Itineraries are subject to change"-Effect. Carriage by sea-Passenger bookings-Change of vessel and itinerary-Whether breach of contract-Effect of clause: "Steamers . . . and Itineraries are subject to change". Damages-Breach of contract-Loss of goodwill - Whether necessary to prove specific loss.

JACKSON v. WHITE AND MIDLAND BANK, LTD.

[1967] 2 Lloyd's Rep 68

Banking-Joint account-Forging of cheque by one of signatories-Liability of bank to other signatory-Construction of mandate.

-Mandate-Joint account-Severability of agreements.

-Partnership account-Forging of cheque by partner-Liability of bank to other partner-Whether cheque was in payment of partnership debt-Whether partnership existed.

Contract-Payment for consideration which wholly failed-Right of payer to recover.

ORICON WAREN-HANDELSGESELLSCHAFT M.B.H. v. INTERGRAAN N.V.

[1967] 2 Lloyd's Rep 82

Sale of goods-Payment-Gross delivered weight-Greater weight of goods delivered than had been paid for against bill of lading -Whether buyers liable for difference. Cattle Food Trade Association Contract No. 15-Payment-Weighing-Gross delivered weight-Duty of buyer under Clause 14-Meaning of "sea accident". Custom-Cattle food trade-Gross delivered weight-Alleged custom for buyer to pay on bill of lading weight when impossible to obtain fair figure for gross delivered weight. Arbitration-Award in form of special case- Annexation of documents-Form of award -Comments by Court.

ROSELODGE, LTD. v. BRAY, GIBB (HOLDINGS), LTD., AND OTHERS

[1967] 2 Lloyd's Rep 99

Insurance brokers-Duty of care-Allegations of negligence withdrawn by assured- Statement by Court. Insurance-Non-disclosure-Knowledge of assured-Conduct of assured's legal advisers -Statement by Court.

INDUSSA CORPORATION v. THE "RANBORG"

[1967] 2 Lloyd's Rep 101

United States-Jurisdiction clause in bill of lading subject to Hague Rules and C.O.G.S.A.-Whether U.S. Courts should decline jurisdiction.

PARAMOR v. DOVER HARBOUR BOARD

[1967] 2 Lloyd's Rep 107

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Ladder from quay in dock to tug under repair - Dangerous angle - Marine engineer's fatal fall - Foreseeability - Liability of dock owners - Regulation 6. Master and servant - Unnecessary risk - Ladder from tug to quayside - Dangerous angle - Marine engineer's fatal fall - Foreseeability - Liability of employers.

THE "MONICA S."

[1967] 2 Lloyd's Rep 113

Admiralty practice - Action in rem - Ownership of res transferred between issue of writ and service - Whether action could continue against res - Whether necessary for owner at time of service to be liable in personam - Administration of Justice Act, 1956, Sect. 3 (4) (a). Administration of Justice Act, 1956 - Action in rem - Ownership of res transferred between issue of writ and service - Whether action continuable - Sect. 3 (4) (a). Admiralty practice - Writ in rem - Ownership of res transferred after issue of writ - Whether amendment irregular - R.S.C., Order 20, r. 1.

THE "BASILDON"

[1967] 2 Lloyd's Rep 134

Admiralty practice - Mortgage of ship - Motion for judgment in default of defence - Insurance premiums paid by mortgagee - Whether implied right to add to mortgage debt - Whether part of costs of action - Law of Property Act. 1925, Sect. 101 (1) (ii). Mortgage of ship - Insurance premiums paid by mortgagee - Whether implied right to add to mortgage debt - Law of Property Act, 1925, Sect. 101 (1) (ii).

THE "BOWBELLE"

[1967] 2 Lloyd's Rep 138

Collision-River-Turning in river-Look-out -Duty of approaching vessel to take avoiding action-Port of London River By-laws, 1938 and 1958, By-law 26.

THE "CADANS"

[1967] 2 Lloyd's Rep 147

Collision-River-Overtaking vessel-Bend in river-Duty of overtaking vessel to keep clear-Port of London River By-laws, 1938 and 1958-By-laws 40, 42, 43, 44 and 45.

AARONSON BROS., LTD. v. MADERERA DEL TROPICO S.A.

[1967] 2 Lloyd's Rep 159

THE "FAIRPORT" (No. 5)

[1967] 2 Lloyd's Rep 162

Administration of Justice Act, 1956 - Moneys provided for necessaries - Whether deemed to be "necessaries" within Sect. 1 (1) (m).

THE "KAZIMAH"

[1967] 2 Lloyd's Rep 163

Negligent navigation-Submerged rock struck by tanker in Suez Canal-Escape of oil on to Canal-Subsequent ignition of oil- Dredger set alight-Grounding of other tankers following tanker-Whether tankers negligently navigated-Contributory negligence. Costs-Privilege claimed for document subsequently waived-Effect on costs incurred by other party.

INGLETON OF ILFORD, LTD. v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1967] 2 Lloyd's Rep 179

Insurance - Goods in transit - Loss of goods from van - Whether van left unattended.

WILKINSON v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1967] 2 Lloyd's Rep 182

Insurance-Motor insurance-Insurable interest -Vehicle named in policy sold-Renewal premium subsequently paid to insurers' agent who had witnessed sale-Insured involved in accident while driving a car not belonging to him-Whether insurers estopped from denying liability. -Agency - Motor insurance - Authority of agent-Renewal premium paid to agent after car named in policy sold- Whether constituting representation by agent that policyholder was covered.

STANDARD ELECTRICA, S.A. v. HAMBURG SUDAMERIKANISCHE DAMPFSCHIFFAHRTS-GESELLSCHAFT AND COLUMBUS LINES, INC.

[1967] 2 Lloyd's Rep 193

United States - Carriage by sea-Limitation of liability - Shipment of pallets consisting of cartons of goods - Whether pallet or carton a "package" - U.S. Carriage of Goods by Sea Act, 1936, Sect. 4 (5).

THE "FRITZ THYSSEN"

[1967] 2 Lloyd's Rep 199

Collision - Subsequent sinking - Negligent failure to take assistance - Novus actus interveniens - Liability of other vessel. Negligent navigation - Sinking of vessel after collision - Negligent failure to take assistance - Novus actus interveniens - Liability of other vessel.

THE "FOGO"

[1967] 2 Lloyd's Rep 208

Collision-Overtaking-Turning of overtaking vessel (on automatic steering) into course of overtaken vessel-Whether automatic steering failed-Whether overtaking vessel passed at safe distance-Duty of overtaken vessel.

-Subsequent sinking - Failure to arrange for tugs to beach damaged vessel- Whether novus actus interveniens.

CHEIKH BOUTROS SELIM EL-KHOURY AND OTHERS v. CEYLON SHIPPING LINES, LTD. (THE "MADELEINE")

[1967] 2 Lloyd's Rep 224

Charter-party - Cancellation - "Should vessel not be delivered by . . . Charterers to have option of cancelling" - Deratisation certificate not obtained by owners until after date for exercising option - Whether vessel "fitted for ordinary cargo service" - Whether charterers entitled to cancel- Whether charterers exercised right to cancel timeously.

THE "ELLEN M." (OWNERS) v. GREAT YARMOUTH PORT AND HAVEN COMMISSIONERS (THE "ELLEN M.")

[1967] 2 Lloyd's Rep 247

Negligent navigation - Bascule bridge struck by vessel - Whether master negligent in attempting to pass through bridge - Contributory negligence of bridgemaster in operating bridge - Liability of shipowners. Negligence - Bascule bridge operated erratically - Whether cause of vessel colliding with bridge - Liability of port authority - Law Reform (Contributory Negligence) Act, 1945.

THE "LYPTA"

[1967] 2 Lloyd's Rep 259

Practice - Motion for judgment in default of defence-Whether leave should be given for defence to be served out of time-Whether a "triable issue".

RAHCASSI SHIPPING COMPANY S.A. v. BLUE STAR LINE, LTD. (THE "BEDE")

[1967] 2 Lloyd's Rep 261

Arbitration - "Arbitrators and Umpire shall be commercial men and not lawyers "- Appointment of lawyer as umpire by arbitrators - Awards made by umpire after hearing arbitrators - Whether awards void - Authority of arbitrator to appoint umpire - Whether arbitrator acting as advocate had authority to waive rights of principal. - Arbitrator - Authority of arbitrator to appoint umpire - Whether arbitrator acting as advocate had authority to waive rights of principal.

ROBIN HOOD FLOUR MILLS, LTD. v. N. M. PATERSON & SONS, LTD. (THE "FARRANDOC")

[1967] 2 Lloyd's Rep 276

Carriage by sea - Damage to cargo - Negligence of second engineer in operating valves - Due diligence - Negligence of shipowners in engaging incompetent engineer - Absence of plan of piping system - Liability of shipowners - Canadian Water Carriage of Goods Act, 1936, Art. IV, r. 2 (a).

- Unseaworthiness - Incompetent second engineer - Absence of piping plan.

- Due diligence - Negligence of shipowners in engaging second engineer and in not providing piping plan.

R.M. & R. LOG, LTD. v. TEXADA TOWING COMPANY, LTD., MINNETTE AND JOHNSON (THE "COAST PRINCE")

[1967] 2 Lloyd's Rep 290

Negligence - Duty of care - Chartered vessel in tow of tug crewed by charterer's employees - Sinking of tow due to negligence of tug-master - Whether tug-master was under duty of care to owners of tow - Liability of charterer. Charter-party - Demise charter - Duty to redeliver - Chartered vessel lost while in tow of tug - Master and crew of tug employed by charterer - Liability of charterer and/or tug-master - Whether res ipsa loquitur. Towage - Sinking of tow (chartered to owner of tug) - Negligence of master and helmsman of tug - Liability of owner, master and helmsman of tug to owner of tow. Res ipsa loquitur - Sinking of tug and tow in fair weather - Whether doctrine applicable.

POST OFFICE v. ESTUARY RADIO, LTD.

[1967] 2 Lloyd's Rep 299

Wireless Telegraphy Act, 1949 - Wireless transmitter operated in Thames Estuary - Whether situated within United Kingdom or its territorial waters. International law - Internal and territorial waters - "Indentation" of the coast (Thames Estuary) - Whether a "bay" - Whether Spile and Middle Sands were "low-tide elevations". Evidence - Standard of proof - Expert evidence in civil case - Criminal conduct alleged - Whether civil or criminal standard of proof to be applied.

THE "LUCILE BLOOMFIELD"

[1967] 2 Lloyd's Rep 308

Collision - Subsequent sinking - Whether sinking could have been avoided by reasonable care - Alleged novus actus interveniens - Whether hatchways should have been covered with tarpaulins - Load Line Convention, 1930, Rule XV - Liability of other vessel.

MARGARINE UNION G.m.b.H. v. CAMBAY PRINCE STEAMSHIP COMPANY, LTD.

[1967] 2 Lloyd's Rep 315

Carriage by sea - Damage to goods - Negligence of carrier - Right of delivery order holder (c.i.f. buyer) to sue carrier direct - Whether necessary for plaintiff to be owner or person entitled to possession of goods at time damage suffered. Negligence - Duty of care - Carriage by sea - Damage to goods due to negligence of carrier - Whether carrier under duty of care to c.i.f. buyers to whom goods passed subsequent to damage.

INCA COMPANIA NAVIERA S.A. AND COMMERCIAL AND MARITIME ENTERPRISES EVANGHELOS P. NOMIKOS S.A. v. MOFINOL, INC. (THE "PRESIDENT BRAND")

[1967] 2 Lloyd's Rep 338

Charter-party-Port charter-party-". . . reachable on her arrival"-Meaning-Vessel unable to cross bar into port of Lourenco Marques-Whether charterers liable for detention.

LUANDA EXPORTADORA S.A.R.L. AND "COLPROGECA"-SOCIEDADE GERAL DE FIBRAS, CAFES E PRODUTOS COLONIAIS, LDA. v. WAHBE TAMARI & SONS, LTD., AND JAFFA TRADING COMPANY. AKKAWI TRADING COMPANY v. LUANDA EXPORTADORA S.A.R.L. AND "COLPROGECA"-SOCIEDADE GERAL DE FIBRAS, CAFES E PRODUTOS COLONIAIS, LDA.

[1967] 2 Lloyd's Rep 353

Arbitration - Validity of submission to arbitration-Dispute as to contracting parties -Whether there was an ad hoc submission on question of who were parties to contract -Motion to avoid or set aside award.

-Arbitrator-Appointment by trade association-Effect on arbitrator's authority.

-Arbitrator-Alleged misconduct- Failure to obtain other arbitrator's agreement.

-Arbitrator - Misconduct-Whether affecting umpire's award-Arbitration Act, 1950, Sect. 23.

-Umpire - Misconduct - Whether umpire dealt with all issues raised.

HOWITT v. ALFRED BAGNALL & SONS, LTD.

[1967] 2 Lloyd's Rep 370

Building (Safety, Health and Welfare) Regulations, 1948-Scaffold-Means of access-Planking carrying staging-Injury to clerk of works-Liability of contractors- Whether planking was a gangway or run- Applicability of Regulations-Regulations 4, 5, 27 (2). Occupiers' Liability Act, 1957-"Risk ordinarily incident to" calling-Injury to clerk of works who fell from planking- Alleged unsafe means of access-Liability of contractors-Sect. 2. Practice-Delay in proceedings.

BRAWN v. PORT OF LONDON AUTHORITY AND EREIRA1

[1967] 2 Lloyd's Rep 378

Master and servant-System of working- Fellow-employee-Loading of 1-cwt. paper bags on to truck by pair of dock workers- Injury to dock worker when bag slipped from grasp of other dock worker- Negligence of fellow-employee-Foreseeability of risk of injury-Liability of employers.

FOX v. A. J. ARDLEY & SONS

[1967] 2 Lloyd's Rep 383

Negligence-Safe premises-Obstruction on gunwale of barge-Lighterman injured when he tripped and fell into dock-Whether lighterman under duty to inspect barge- Liability of employers (barge owners).

DURRELL v. CORDS & BUCK G.m.b.H.

[1967] 2 Lloyd's Rep 387

Negligence-Duty of care-Spillage of paint thinners from ship on to barge-Dock worker injured when he slipped-Liability of shipowner.

DAVID McNAIR & CO., LTD., AND DAVID OPPENHEIMER, LTD., & ASSOCIATES v. THE "SANTA MALTA"

[1967] 2 Lloyd's Rep 391

Carriage by sea-Damage to cargo-Taint- Fishmeal stowed close to damaged cargo- Whether damage due to fire; lack of ventilation, or bad stowage.

BROWN & ROOT, LTD. v. CHIMO SHIPPING, LTD.

[1967] 2 Lloyd's Rep 398

Carriage by sea-Damage to ship's derrick by overloading-Liability of shipper-Knowledge of shipper and/or master-Whether master could vary terms of contract.

SALE CONTINUATION, LTD. v. AUSTIN TAYLOR & CO., LTD.

[1967] 2 Lloyd's Rep 403

Contract-Letter of credit-Bank to be put in funds by third-party-Liquidation of bank-Whether third party obliged to put bank in funds-Whether third party held moneys in trust for bank-Effect of trust receipt. Banking-Trust receipt given by sellers' agents in exchange for documents of title to goods -Draft drawn under letter of credit on bank not honoured by bank-Whether purchase moneys for goods held by sellers' agents in trust for bank.

WRIGHT v. TYNE IMPROVEMENT COMMISSIONERS AND OSBECK & CO., LTD.

[1967] 2 Lloyd's Rep 411

Negligence-Duty of care-Dock worker knocked from wagon by sling of crane when wagon was winched forward-Liability of employers of winch-man (crane-owners)- Whether hirers of crane (dock worker's employers) bound to indemnify crane-owner under contract of hire. Contract-Indemnity clause-Crane hired by dock worker's employers from port authority-Injury to dock worker involving crane-Whether indemnity clause covered negligence of port authority's servant- Whether crane causally connected with accident.

COUGHLIN v. THAMES & GENERAL LIGHTERAGE, LTD., AND THAMES STEVEDORING COMPANY (1965), LTD.

[1967] 2 Lloyd's Rep 418

Docks Regulations, 1934-Hatch beam displaced by set of cargo-Injury to lighterman-Applicability of Regulations 15 and 42 to lighterman's employers and/or stevedores.

CAHILL v. METROPOLITAN TERMINALS, LTD. ( FORMERLYMETROPOLITAN STEVEDORING SERVICES, LTD.)

[1967] 2 Lloyd's Rep 426

Negligence-Unnecessary risk-Lighterman struck by set of cargo-Liability of stevedores-Contributory negligence.

REID v. JAMES SPENCER & CO. AND BURNS & LAIRD LINES, LTD.

[1967] 2 Lloyd's Rep 429

Docks Regulations, 1934-"Beams . . . shall be maintained in good condition"-Injury to dock worker during attempt to remove jammed hatch beam-Liability of shipowners -Regulation 15. Negligence-Unnecessary risk-Injury to dock worker during attempt to remove jammed hatch beam-Liability of employers and/or shipowners.

WAH TAT BANK, LTD., AND OVERSEA-CHINESE BANKING CORPORATION, LTD. v. CHAN CHENG KUM AND HUA SIANG STEAMSHIP COMPANY, LTD.; TIANG SENG CHAN (SINGAPORE), LTD., AND OTHERS (THIRD PARTIES).

[1967] 2 Lloyd's Rep 437

Conversion-Misdelivery of goods by carrier without production of mate's receipts- Whether mate's receipts were equivalent to bills of lading-Custom of trade-Whether carriers and shippers estopped from denying consignee's right to possession and precluded from ordering delivery of goods to any other person-Liability of carrier. Mate's receipts-Whether documents of title -Effect of custom of trade and words "not negotiable". Estoppel-Mate's receipts-Whether shipper and carrier estopped from denying consignee's right to possession.

COX v. NORTHWEST AIRLINES, INC.

[1967] 2 Lloyd's Rep 451

United States-Carriage by air-Death of passenger in aircraft crash-No evidence of cause of crash-Whether res ipsa loquitur applied-Whether evidence of due care by carrier in maintenance of aircraft and selection of personnel precluded inference of negligence. United States-Wrongful death action- Assessment of damages-Whether deduction should be made in respect of income tax -Whether damages for loss of inheritance should be reduced to present value.

PRACTICE DIRECTION

[1967] 2 Lloyd's Rep 455

Introduction of a Waiting List.

C. CZARNIKOW, LTD. v. KOUFOS

[1967] 2 Lloyd's Rep 457

Carriage by sea-Deviation-Loss of market- Liability of shipowner-Measure of damages.

DENITHORNE v. DAVIES, DENNIS, PAYNE AND DENNIS

[1967] 2 Lloyd's Rep 489

By-law - Reasonableness - By-laws made by public representative body - Whether prohibition of use of all edible crab as bait was unreasonable and unenforceable - Eastern Sea Fisheries Joint Committee By-laws.

THE "SCARCITY" AND THE "DANIEL M."

[1967] 2 Lloyd's Rep 498

Negligent navigation-Damage to jetty in river -Res ipsa loquitur-Harbours, Docks, and Piers Clauses Act, 1847.

HARLOW & JONES, LTD. v. PANEX (INTERNATIONAL), LTD.

[1967] 2 Lloyd's Rep 509

Sale of goods (f.o.b.)-Non-acceptance by buyers-"Goods to be delivered during August/September in suppliers' option".- Buyers' duty to provide vessel in contract period-Whether implied term that sellers should give guaranteed stem on demand- Liability of buyers. Damages-Claim by sellers under f.o.b. contract for non-acceptance by buyers- Storage charges incurred by sellers' suppliers included in claim - Agreement between sellers and suppliers that suppliers would only claim against sellers if sellers could reclaim against buyers - Whether sellers' claim barred.

PRACTICE DIRECTION

[1967] 2 Lloyd's Rep 535

Applications under Sect. 5 of the Adoption Act, 1958, to dispense with the consent of a parent or guardian.

WYE NAVIGATION COMPANY, LTD. v. MEDPORT, LTD.

[1967] 2 Lloyd's Rep 537

Contract-Construction-Agreement for future development of port-Whether agreement confined to lands available at time of agreement - Claim for wharfage dues - Whether implied term that wharf was subject to agreement.

DE MAURIER (JEWELS), LTD. v. BASTION INSURANCE COMPANY, LTD., AND CORONET INSURANCE COMPANY, LTD.

[1967] 2 Lloyd's Rep 550

Insurance - Jewellers' all risks insurance - Assureds' cars warranted "fitted with locks and alarm system (approved by underwriters)"-Loss of jewellery-Alleged breach of warranty or misrepresentation of a material fact - Whether right to avoid policy waived - Whether alarm system "approved" and "in operation" - Applicability of contra proferentes doctrine where brokers' slip sued upon-Meaning of "cars owned by assured"; "locks".

JAYSON v. MIDLAND BANK, LTD.

[1967] 2 Lloyd's Rep 563

Defamation - Libel - Dishonoured cheques marked "Refer to Drawer"-Whether effect of words was to lower reputation of drawer -Whether words true. Contract-Banking-Alleged wrongful refusal to pay cheques - Whether agreement to honour cheques was conditional on overdraft not being exceeded.

OSBORNE v. PORT OF LONDON AUTHORITY

[1967] 2 Lloyd's Rep 572

Master and servant - Unnecessary risk - Deal porter's fall from pile of timber when he slipped on patch of ice-Duty on employers to provide equipment for removing ice. Damages-Assessment-Loss of wages due to plaintiff's fear of heights after accident- Whether recoverable as damages.

K. CHELLARAM & SONS (F.E.), LTD. v. NISSHO SHIPPING COMPANY, LTD., AND PORT OF SINGAPORE AUTHORITY

[1967] 2 Lloyd's Rep 578

Carriage by sea - Non-delivery - Cargo delivered by carrier to port authority- Failure to deliver by port authority - Whether port authority absolved from liability by legislation-Whether carrier liable to cargo owner-Effect of exemption clause in bill of lading-Whether null and void under Hague Rules - Port of Singapore Authority Ordinance, Sect. 88.

Lloyd's Law Reports