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GRAY AND ANOTHER v. BARR; PRUDENTIAL ASSURANCE COMPANY LTD. (THIRD PARTY)

[1971] 2 Lloyd's Rep 1

Insurance - Accident - Legal liability - Shotgun unintentionally fired by defendant causing fatal injuries to G. - Violence threatened by defendant to G. before fatal shot - Defendant acquitted of murder/manslaughter - Liability of defendant to G.'s estate - Whether shooting an "accident" and covered by personal liability insurance - Whether public policy barred recovery. Damages - Fatal accident - Deceased husband living apart from family - Effect on dependency - Whether estate passing on intestacy should be deducted.

NATIONAL DOCK LABOUR BOARD v. JOHN BLAND & CO. LTD. AND OTHERS

[1971] 2 Lloyd's Rep 20

"Dock work" - Receiving and first piling timber - Whether "dock work" - Whether timber yard outside but "in the vicinity of" dock estates included in port of Cardiff - Meaning of "cargo" - Dock Workers (Regulation of Employment) (Amendment) Order, 1967, schedule 2.

SALAMIS SHIPPING (PANAMA) S.A. v. EDM. VAN MEERBEECK & CO. S.A. (THE "ONISILOS")

[1971] 2 Lloyd's Rep 29

Charter-party - Voyage charter-party - Gencon general strike clause - Strike preventing vessel from discharging - Whether half demurrage payable after strike ended.

H. & N. EMANUEL LTD. v. GREATER LONDON COUNCIL AND KING

[1971] 2 Lloyd's Rep 36

Fire - Escape - Occupier's liability - Government department employing contractor to remove bungalows owned by local authority - Rubbish lighted by contractor contrary to department's orders-Damage to neighbouring property by fire - Liability of local authority - Whether authority was "occupier" - Whether contractor a "stranger" - Rule in Rylands v. Fletcher.

NIPPON YUSEN KAISHA v. ACME SHIPPING CORPORATION (THE "CHARALAMBOS N. PATERAS")

[1971] 2 Lloyd's Rep 42

Charter-party - Time charter-party - "Owners not to be responsible . . . for damage or delay whatsoever and howsoever caused" - Master's refusal to enter nominated port of discharge - Additional expenses incurred by time charterers - Hire withheld - Whether shipowners liable for expenses and entitled to hire - "Baltime 1939" form, clause 13.

CHADWICK v. PARSONS1

[1971] 2 Lloyd's Rep 49

Damages - Assessment - Personal injury - Surgical operations on patient's inner ear - Liability for negligence admitted by surgeon - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Interest - Damages for personal injury - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act 1969, sect. 22.

NEWLAND v. RYE-ARC LTD.

[1971] 2 Lloyd's Rep 64

Master and servant - Safe place of work - Boilermaker injured in fall from coil of rope on which he was standing - Liability of employers.

BRIGHT v. ATTORNEY-GENERAL

[1971] 2 Lloyd's Rep 68

Negligence - Highway - Uneven patch in road - Motor cyclist injured - Local authority's workmen negligent - Liability of Ministry of Transport.

MANSFIELD IMPORTERS AND DISTRIBUTORS LTD. v. CASCO TERMINALS LTD.

[1971] 2 Lloyd's Rep 73

Canada - Bailment - Loss of goods stored in warehouse - Whether bailment gratuitous or for reward - Whether proper care taken by warehousemen - Burden of proof.

J. GERBER & CO. INC. v. THE "SABINE HOWALDT" AND HOWALDT & CO. PAN AMERICAN TRADE DEVELOPMENT CORPORATION v. SAME (THE "SABINE HOWALDT")

[1971] 2 Lloyd's Rep 78

United States - Bill of lading - Damage to cargo - Steel products damaged by rust due to sea water - Vessel fitted with MacGregor type hatch covers - Unseaworthiness - "Perils of the sea" - Liability of carrier- United States Carriage of Goods by Sea Act, 1936, sect. 3 (1) (2), sect. 4 (2) (c) (46 U.S.C., sect. 1300 et seq.).

ZIM ISRAEL NAVIGATION COMPANY LTD. v. TRADAX EXPORT S.A. (THE "TIMNA")

[1971] 2 Lloyd's Rep 91

Charter-party - Voyage charter-party - Demurrage - Failure of charterers to nominate port of discharge - Port selected by master - Whether vessel "arrived ship" - Whether damages for detention payable - Measure of damages - Burden of proof of loss - Baltimore Form C charter-party.

E. L. OLDENDORFF & CO. G.m.b.H. v. TRADAX EXPORT S.A. (THE "JOHANNA OLDENDORFF")

[1971] 2 Lloyd's Rep 96

Charter-party - Voyage charter-party - Laytime - Vessel reaching bar anchorage at Liverpool/Birkenhead - Whether vessel an "arrived ship".

SAYERS v. INTERNATIONAL DRILLING COMPANY N.V.

[1971] 2 Lloyd's Rep 105

Conflict of laws - Contract of employment - Plaintiff employed by Dutch company on drilling rig off Nigerian coast - Contract concluded in England - Whether English law or Dutch law proper law of contract - Effect of compensation clause in contract.

EAGLE STAR INSURANCE COMPANY LTD. v. SPRATT

[1971] 2 Lloyd's Rep 116

Insurance - Reinsurance treaties - Settlement of disputes under "dry" treaties by chairman of reinsuring underwriters' negotiating committee - Whether binding on underwriters - Whether chairman had actual or ostensible authority to make such settlement - Whether underwriter's initials on statement of proposed terms of settlement gave authority to settle on those terms - Effect of alleged oral reservations by underwriter - Whether authority revoked - Whether settlement ratified by underwriter - Whether treaties varied by addenda stamped and signed by Lloyd's Policy Signing Office - Authority of Lloyd's Policy Signing Office - Whether stamping and signing ratified by underwriter. Agency - Agent - Ostensible authority - Whether principals' silence sufficient - Express authority to agree terms - Whether implied authority to agree further terms if favourable to principal. Lloyd's - Practice - Addenda to reinsurance treaties stamped and signed by Lloyd's Policy Signing Office - Alleged authority of statements of proposed terms initialed by underwriters and draft addenda initialed by leading underwriters - Whether underwriters bound - Effect of additional term in addenda.

HUDSON v. JOHN WRIGHT & SON (BLACKWALL) LTD. AND FURNESS WITHY & CO., LTD.

[1971] 2 Lloyd's Rep 135

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Protection of openings - Ship's painter falling into hold through inadequately guarded hatch - Whether employers and/or shipowners liable - Meaning of "fencing" - Regulations 4, 6, 26.

BOAL QUAY WHARFINGERS LTD. v. KING'S LYNN CONSERVANCY BOARD

[1971] 2 Lloyd's Rep 144

Docks and Harbours Act, 1966 - Licence to employ dock workers - Applications for licences by registered employers - Applications granted subject to conditions - Appeal to minister - Revocation of application prior to decision of minister - Applications refused - Whether applicants entitled to compensation from conservancy board under sect. 13 (1).

SMITH AND OTHERS v. CENTRAL ASBESTOS COMPANY LTD. AND ANOTHER

[1971] 2 Lloyd's Rep 151

Limitation of action-Asbestosis-Claim by mill workers against employers for causing asbestosis-Whether action statute-barred- Actual or constructive knowledge of "material facts" of "decisive character"-Asbestos Industry Regulations, 1931-Limitation Act, 1963, sects. 1 (3), 7 (3), (4), (8). Damages - Personal injuries - Quantum - Asbestosis - Loss of amenities of life. Damages - Severance of items of damage - Overlapping.

GOLD v. LIFE ASSURANCE COMPANY OF PENNSYLVANIA

[1971] 2 Lloyd's Rep 164

Agency - Remuneration - Insurance agent - Termination of agency - Whether commission on first year premiums payable after termination of agency.

JAGLOM v. EXCESS INSURANCE COMPANY LTD. AND GILBERT-SMITH

[1971] 2 Lloyd's Rep 171

Insurance - All risks - Jewellery to be covered while at assured's bank - Wording on slip extending policy, subject to advice to brokers, to items taken out of bank - Liability of underwriters for loss of jewellery which had not been deposited in a bank - Broker's slip analysed - Whether underwriter taking line making or accepting offer. Insurance - Practice - Slip - Effect of underwriters' amendment to broker's slip.

CRAWLEY v. GRACECHURCH LINE SHIPPING LTD. AND CRACKSHOT STEAMSHIPPING CO. LTD.

[1971] 2 Lloyd's Rep 179

Negligence - Duty of care - Method of stowage - Stevedore injured avoiding rolling cask - Occupiers' Liability Act, 1957 - Liability of shipowners.

BOXES LTD. v. BRITISH WATERWAYS BOARD

[1971] 2 Lloyd's Rep 183

Negligence - Nuisance - Duty of care - Foreseeable damage - Damage to factory wall adjoining canal due to barges hitting and being moored to canal wall - Congestion of traffic in canal - Escape of water from damaged wall into factory premises - Whether canal authority liable in negligence and/or nuisance - Applicability of rule in Rylands v. Fletcher - Lee Navigation Act, 1767, sect. 3 - Transport Act, 1962, sect. 10 - General Rules and By-laws for the regulation of the River Lee, by-laws 11, 13.

DAWNAYS LTD. v. F. G. MINTER LTD. AND TROLLOPE & COLLS LTD.

[1971] 2 Lloyd's Rep 192

Building contract - Sub-contract - R.I.B.A. forms - Interim certificate of money due to sub-contractors - Delay by sub-contractors causing work to be held up on main contract - Alleged loss to main contractors - Whether main contractors had right to withhold payment of money due to sub-contractors.

BRITISH ROAD SERVICES LTD. AND SEABOURNE SHIPPING COMPANY LTD. v. WURZAL

[1971] 2 Lloyd's Rep 196

Road Safety Act, 1967 - Trailer unit hauled between England and Continent - Trailer without necessary plating and test certificates - Whether trailer exempted under Goods Vehicles (Plating and Testing) Regulations, 1968 - Meaning of "temporarily".

VARDINOYANNIS v. THE EGYPTIAN GENERAL PETROLEUM CORPORATION (THE "EVAGGELOS TH.")

[1971] 2 Lloyd's Rep 200

Charter-party (Time) - Safe port - Vessel trading in war zone - Charterers contributing to owner's war risks premium - Vessel ordered to Suez and made constructive total loss by shell fire - Meaning of "always lie safely afloat" - Whether implied obligation not to order vessel to unsafe place - Effect of employment and indemnity clause - Liability of charterers.

G. E. CRIPPEN AND ASSOCIATES LTD. v. VANCOUVER TUG BOAT COMPANY LTD.

[1971] 2 Lloyd's Rep 207

Canada - Bill of lading - Damage to cargo - Peat moss in pallets stowed four pallets high - Goods found damaged on discharge - Whether goods properly stowed - Whether loss due to "perils of the sea" - Whether "inherent vice" in goods - Whether goods "insufficiently packed" - Whether damage arose "without carrier's fault and privity" - Burden of proof - Liability of carrier. Evidence - Inspection report commissioned on behalf of cargo owner's underwriters - Whether admissible.

F.M.C. (MEAT) LTD. v. FAIRFIELD COLD STORES LTD.

[1971] 2 Lloyd's Rep 221

Contract - Meat stored in cold store - Mould discovered on redelivery - Whether meat suffered from inherent vice - Storage temperature too high - Liability of store owner. Damages - Interest - Award of 1 per cent. above bank rate.

ALBERT v. MOTOR INSURERS' BUREAU

[1971] 2 Lloyd's Rep 229

Insurance (Motor) - Motor Insurers' Bureau - Passenger in car killed in collision - Driver solely responsible - Judgment against him unsatisfied - Regular payments by passengers to driver - Whether carried for "hire or reward" - Whether enforceable contract necessary - Liability of Bureau - Motor Insurers' Bureau Agreement, June, 1946 - Road Traffic Act, 1960, sect. 203 (4) proviso.

MOTOR INSURERS' BUREAU v. MEANEN

[1971] 2 Lloyd's Rep 251

Insurance (Motor) - Motor Insurers' Bureau - Passenger in minibus injured in collision - Driver solely responsible - Judgment against him unsatisfied - Regular contributions by passengers to cost of petrol - Whether carried for "hire or reward" - Whether enforceable contract necessary - Liability of Bureau - Motor Insurers' Bureau Agreement June, 1946 - Road Traffic Act, 1960, sect. 203 (4) proviso.

WHITE v. LONDON TRANSPORT EXECUTIVE AND MOTOR INSURERS' BUREAU

[1971] 2 Lloyd's Rep 256

Insurance (Motor) - Motor Insurers' Bureau - Passenger injured when bus braked violently - Untraced van driver responsible for accident - Bus company sued by passenger at Bureau's request - Whether Bureau entitled to be added as party to action - Motor Insurers' Bureau Agreement of Apr. 21, 19691 - R.S.C., Order 15, r. 6 (2) (b). Practice - Joinder of parties - Whether Motor Insurers' Bureau entitled to be added as party - R.S.C., Order 15, r. 6 (2) (b).

WATSON v. BEN LINE STEAMERS LTD.

[1971] 2 Lloyd's Rep 269

Docks Regulations, 1934-Safe means of access-Dock worker injured in fall from accommodation ladder-Ladder capable of lateral movement-Ice on rung-Regulation 9 -Liability of shipowners.

PRACTICE NOTE

[1971] 2 Lloyd's Rep 275

Chancery Division-Contentious Probate.

THE "STATUE OF LIBERTY"

[1971] 2 Lloyd's Rep 277

Collision - Crossing vessels - Duty on give-way vessel to take early and positive action - Duty on stand-on vessel to keep her course - Whether master at fault in failing to take compass bearings of approaching vessel - Failure to sound signals - Collision Regulations, 1960, rules 19, 21, 22 and 28; Steering and Sailing Rules.

THE "ALMIZAR"

[1971] 2 Lloyd's Rep 290

Collision - Fog - Radar - Excessive speed - Look-out - Presence of fog not realized - Alteration of course - Collision Regulations, 1960, rules 15, 16 and 29. Annex to Rules.

HANDLEY PAGE LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE AND ROCKWELL MACHINE TOOL CO. LTD. ROCKWELL MACHINE TOOL CO. LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE AND HANDLEY PAGE LTD. ROCKWELL MACHINE TOOL CO. LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1971] 2 Lloyd's Rep 298

Customs (Import Deposits) Act, 1968-Import deposit - Repayment - Whether option on Customs to repay payer or person named in entry statement as payer-Estoppel-Whether entry statement created contractual relationship between Customs and importer - Whether importer or purchaser of goods was "person by whom import deposit was paid" - Sect. 1 (1), (2).

MARSTON EXCELSIOR LTD. v. ARBUCKLE, SMITH & CO. LTD.

[1971] 2 Lloyd's Rep 306

Carriage of goods - Forwarding agents - Arrangements made by English forwarding agents for carriage of a cold box weighing about 65 tons from Tilbury to Austria - "Abnormal indivisible load" - Permits not obtained by Bavarian road carrier - Load delayed at Bamberg - Liability of English forwarding agents - Whether agents in breach of duty to exercise reasonable skill and care or in breach of warranty - Whether breach fundamental - Applicability of Standard Trading Conditions of the Institute of Shipping and Forwarding Agents.

LUCY v. MARIEHAMNS REDERI

[1971] 2 Lloyd's Rep 314

Damages - Quantum - Personal injuries - Anxiety neurosis-Whether natural result of accident.

MICHEL VERSEUX S.a.r.L. v. SCHWARZ & CO. (GRAIN) LTD. SCHWARZ & CO. (GRAIN) LTD. v. R. & H. HALL LTD.

[1971] 2 Lloyd's Rep 319

Sale of goods (c.i.f.) - Port of destination to be declared by buyers - Whether declaration in time - London Corn Trade Association Ltd. contract form no. 80.

CHADWICK v. PARSONS

[1971] 2 Lloyd's Rep 322

Damages - Assessment - Personal injury - Surgical operations on patient's inner ear - Liability for negligence admitted by surgeon - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Interest - Damages for personal injury - Date from which interest on damages would be awarded - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22.

ELLIOTT v. CORPORATION OF PRESTON

[1971] 2 Lloyd's Rep 328

Damages - Assessment - Personal injuries - Future loss of earnings - Plaintiff living in area of high unemployment - Probability of new industries - General damages - Crush fractures of pelvic area - Impotency.

SOOLE v. ROYAL INSURANCE COMPANY LTD.

[1971] 2 Lloyd's Rep 332

Insurance - Developer intending to develop property-Property subject to restrictive covenant-Policy issued against possibility of covenant being enforceable so as to prevent development-"Persons claiming to enforce covenant"-Meaning of "claim"-Whether claim initiated before commencement of policy was outside its ambit-Defence of proceedings by third party undertaken by insurers- Whether insurers estopped by conduct from denying liability on policy. Estoppel-Conduct of insurers-Representation of law not estoppel.

CANADIAN GENERAL ELECTRIC COMPANY LTD. v. THE "LAKE BOSOMTWE" AND PICKFORD & BLACK LTD. (THE "LAKE BOSOMTWE" (No. 2))

[1971] 2 Lloyd's Rep 343

Canada - Damages - Interest - Successful action by plaintiff cargo-owner for "damages sustained by cargo"-Reference to Registrar of "damages and interest . . . the subject of dispute" - Whether Registrar entitled to award interest in respect of period prior to his report.

ZAPATA OFF-SHORE COMPANY v. THE "BREMEN" AND UNTERWESER REEDEREI G.M.B.H. (THE "CHAPARRAL")

[1971] 2 Lloyd's Rep 348

United States - Towage - Towage contract providing for litigation of disputes in English Courts - Drilling barge damaged while being towed - Action for damage brought in U.S. Court by barge-owners - Tug-owners brought action for damages in English Court and action to limit liability in U.S. Court - Whether U.S. Court entitled to restrain English action and limitation action - Factors to be considered.

CABOT CORPORATION ET AL. v. THE "MORMACSCAN" MOORE-McCORMACK LINES INC. , AND JOHN W. McGRATH CORPORATION

[1971] 2 Lloyd's Rep 351

United States - Carriage by sea - "Carrier" defined in bill of lading as including "all persons rendering services in connection with . . . this contract" - Carrier entitled to limit liability to $500 per package - Cargo dropped by stevedores onto plaintiffs' cargo already stowed - Whether stevedores could rely on limitation provision in bill of lading.

O'CONNELL v. JACKSON

[1971] 2 Lloyd's Rep 354

Negligence - Contributory negligence - Moped in collision with motor car - Rider of moped not wearing crash helmet - Gravity of injuries increased - Whether failure to wear crash helmet constituted contributory negligence - Highway Code; Road Traffic Act, 1960, sect. 74 (5); Law Reform (Contributory Negligence) Act, 1945, sect. 1 (1).

MOORE AND MOORE v. DER LTD.

[1971] 2 Lloyd's Rep 359

Damages - Mitigation - Car damaged beyond repair - Plaintiff hired car while awaiting delivery of new car - Delay in delivery of new car - Whether plaintiff failed to mitigate damage by not buying second-hand car immediately.

NATIONAL SHIPPING CORPORATION v. ARAB

[1971] 2 Lloyd's Rep 363

Practice - Summary judgment - Port agency agreement-Claim for balance of account- Whether signatory personally liable-Effect of presumption that foreign law the same as English law-Whether "an issue or question in dispute which ought to be tried" - R.S.C., Order 14, r. 3 (1).

PAXTON v. ALLSOPP

[1971] 2 Lloyd's Rep 367

Practice - Action - Dismissal for want of prosecution - Personal injury action - "Without prejudice" offer followed by inordinate and inexcusable delay - Whether substantial risk of serious prejudice to defendant - Effect of undertaking by plaintiff's Counsel to limit claim - Whether fact that plaintiff barred from claiming over relevant.

SLATER v. HUGHES AND JONES. JONES (THIRD PARTY) SLATER v. HUGHES AND JONES. SLATER AND JONES (THIRD PARTIES)

[1971] 2 Lloyd's Rep 375

Interest - Damages for personal injuries - Date from which interest should run against co-defendant/third party - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1) - Administration of Justice Act, 1969, sect. 22. Damages - Assessment - Personal injuries - Head injuries - Diplopia and headaches; breathlessness (improved by post-trial tracheotomy) - Whether general damages of £8000 (for pain and suffering) too high. Negligence - Apportionment of liability - Stationary unlit car - Oncoming car swerved to off side and involved in head-on collision - Apportionment between car owners.

BABBS v. PRESS

[1971] 2 Lloyd's Rep 383

Pilotage - Unlicensed pilot - Vessel changing moorings within London Pilotage District - Pilotage by licensed waterman not licensed as a pilot - Whether an offence - Whether pilot station displaying pilot flag an "offer" by licensed pilots - Right of licensed pilots to supersede unlicensed pilot - Effect of London Pilotage District By-laws, Part IX, by-law 2 - Pilotage Act, 1913, sects. 11, 30 (1), (3), 32.

COAST LINES LTD. v. HUDIG AND VEDER CHARTERING N.V.

[1971] 2 Lloyd's Rep 390

Charter-party (Voyage) - Gencon form British ship chartered to Dutch charterers - Whether charter-party governed by English law - Dutch law applying Netherlands Commercial Code (Hague Rules) to carriage by sea from Dutch ports - Whether Gencon exception clause overridden - Whether English Court should give leave under R.S.C., Order 11 to serve notice of writ issued by shipowners against charterers. Practice - Writ - Charter-party governed by English law - Whether English Court will give leave to British shipowner to serve notice of writ out of jurisdiction - Foreign defendant deprived of rights under laws of his own country - Effect - R.S.C., Order 11.

A. N. SATTERTHWAITE & CO. LTD. v. NEW ZEALAND SHIPPING COMPANY LTD. (THE "EURYMEDON")

[1971] 2 Lloyd's Rep 399

Bill of lading - Himalaya clause - Whether stevedore entitled to protection of exemption and limitation clauses in bill of lading - Whether contract between consignee and stevedore. Contract - Consideration - Whether performance of or promise to perform an obligation already imposed on a party on a different contract is sufficient consideration to support a new contract between that party and a new party. Stevedores - Negligence - Damage to cargo - Whether stevedores entitled to benefit of Himalaya clause in bill of lading.

HORSLEY AND OTHERS v. MACLAREN AND OTHERS (THE "OGOPOGO")

[1971] 2 Lloyd's Rep 410

Negligence - Duty of care - Rescue - Passenger lost after fall overboard from pleasure boat - Alleged negligence by boat-owner in rescue attempt - Whether legal duty on boat-owner to go to rescue of passenger who had fallen overboard in the circumstances without negligence on part of boat-owner - Standard of conduct applicable to such duty - Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat-owner's negligence - Liability of boat-owner to rescuer - Whether early warning to rescuer by boat-owner to confine himself to the cockpit or cabin put rescuer's intervention beyond boat-owner's reasonable contemplation - Volenti non fit injuria.

AMERICAN HOESCH INC. AND RIBLET PRODUCTS INC. v. STEAMSHIP "AUBADE" ETC. AND MARITIME COMMERCIAL CORP. INC.

[1971] 2 Lloyd's Rep 423

United States - Bill of lading - Goods discharged in rusty condition - Whether consignees' action statute-barred - Whether period of limitation ran from "discharge" of goods or from "delivery" - U.S. Carriage of Goods by Sea Act, 1936, sect. 3 (6) (46 U.S. Code, sect. 1303 (6)).

ALCOA STEAMSHIP COMPANY INC. v. CHARLES FERRAN & CO. INC. AND GLENS FALLS INSURANCE COMPANY AND EXCESS UNDERWRITERS*

[1971] 2 Lloyd's Rep 426

United States - Marine insurance - Louisiana Direct Action Statute (L.A.R.S. 22, sect. 655 (Supp. 1964)) - Shipowners' vessel damaged by ship-repairers' negligence - Liability limited by Red Letter clause in contract - Whether benefit of clause available to insurers-Whether interest also recoverable- Whether liability to pay interest fell on primary insurer or excess insurer - Time from which interest payable. Interest - Whether recoverable under Red Letter clause-Time from which payable - Liability of primary insurer and excess insurer.

STEAM TANKER PADRE ISLAND INC. AND PULLMAN BANK & TRUST COMPANY v. LONDON ASSURANCE, GUILDHALL INSURANCE CO. ET AL. (THE "PADRE ISLAND")

[1971] 2 Lloyd's Rep 431

Insurance (Marine) - Constructive total loss through stranding - Whether vessel deliberately stranded by master - Whether loss as a result of barratry by master - Burden of proof.

BRITISH STEEL CORPORATION v. NATIONAL DOCK LABOUR BOARD NATIONAL DOCK LABOUR BOARD v. BRITISH STEEL CORPORATION

[1971] 2 Lloyd's Rep 439

Dock - Dock labour scheme - Meaning of "Dock estate" - Whether discharge of iron ore from ship to stock-yard from new jetty and harbour at Port Talbot, not previously performed by registered dock workers, was "dock work" - Meaning of "Discharging from ship," "cargo" - Whether 1967 scheme applied only to dock estate at Port Talbot as existing in 1947 - British Transport Docks Act, 1964, sect. 28 -Dock Workers (Regulation of Employment) (Amendment) Order, 1967, schedule 2.

PACIFIC CARRIERS CORPORATION v. TRADAX EXPORT S.A. (THE "NORTH KING")

[1971] 2 Lloyd's Rep 460

Charter-party (Voyage) - Laytime - Commencement - Notice of readiness tendered on public holiday for port - Whether effective - Finding by umpire of agreement between parties' agents - Whether Court bound - Baltimore Berth Grain Form C.

TOTAL SOCIETA ITALIANA PER AZIONI v. LIBERIAN TRANS-OCEAN NAVIGATION CORP. (THE "ALEXANDRA I")

[1971] 2 Lloyd's Rep 469

Charter-party (voyage) - Bunker fluctuation clause - Freight based on dollars - Bunker fluctuation clause based on fuel suppliers' price lists - Lists expressed in sterling and dollars - Effect of devaluation of sterling - Whether currency of account dollars or sterling. Conflict of laws - Contract - Charter-party - Proper law of account - Whether determined by law of contract - Whether legal concept of proper currency of account.

LEATHER'S BEST INC. v. THE "MORMACLYNX", MOORE-McCORMACK LINES INC., TIDEWATER TERMINAL INC. AND UNIVERSAL TERMINAL AND STEVEDORING CORPORATION (THE "MORMACLYNX")

[1971] 2 Lloyd's Rep 476

United States - Carriage by sea - Loss of cargo (in container) - Limitation of carriers' liability - Validity of bill of lading clause treating container as a "package" - Whether terminal operator entitled to benefit of limitation clause in bill of lading - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1304 (5)1).

GAWTRY v. WALTONS WHARFINGERS & STORAGE LTD.

[1971] 2 Lloyd's Rep 489

Negligence - Duty of care - Mate of barge drowned when barge foundered due to fouling of propeller by rope - Whether skipper negligent in deciding to sail in bad weather conditions-No possibility of dropping anchor -Advice by Nautical Assessor accepted by Judge.

ALMA SHIPPING CORPORATION v. UNION OF INDIA AND ANOTHER (THE "ASTRAEA")

[1971] 2 Lloyd's Rep 494

Charter-party (Voyage) - Arbitration clause - Austwheat form - Claim barred if arbitrator not appointed within 12 months of date of vessel's arrival at final port of discharge - Vessel damaged - Claim by shipowners for general average contribution from charterers - Arbitrators not appointed within time limit-Whether claim a "dispute" within arbitration clause - Whether charterers estopped from relying on clause - York-Antwerp Rules, 1950. Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, sect. 27. Estoppel - Whether charterers estopped from relying on arbitration clause.

AKTIEBOLAGET GOTAVERKEN v. WESTMINSTER CORPORATION OF MONROVIA AND ANOTHER

[1971] 2 Lloyd's Rep 505

Ship-repairers - Alleged defective hatch covers and hatches-Liability of ship-repairers for defects in design - Swedish Shipbuilders' Association General Regulations (1956), regs. 11, 13 - Whether ship-repairers liable for detention of vessel while undergoing remedial work - Meaning of "indirect damages" - Whether claims time-barred. Arbitration - Consultative case stated by arbitrators - Questions of law - Court requested to express an opinion on questions of law arising on facts assumed by the arbitrators and further facts to be assumed by Court - Comments by Court - Arbitration Act, 1950, sect. 21 (1) (a).

ALTCO LTD. v. SUTHERLAND

[1971] 2 Lloyd's Rep 515

Arbitration - Motion to set aside - Disputes between commodity brokers and customer - Disputes referred to arbitrators appointed by London Cocoa Terminal Market Association - Request by customer for viva voce hearing - Allegation that party's not fully heard by arbitrators - Whether agreement to arbitrate - Whether Court should remit or set aside.

GILLESPIE BROS. & CO. LTD. v. ROY BOWLES TRANSPORT LTD. RENNIE HOGG LTD. (THIRD PARTY)

[1971] 2 Lloyd's Rep 521

Carriage of goods - Loss in transit - Watches stolen from unattended and open van - Whether negligence by van driver - Van hired from carrier by forwarding agents - Whether carrier entitled to rely on conditions of carriage as against customer - Liability of forwarding agents to indemnify carrier under conditions of carriage - Whether conditions wide enough to cover carriers' own negligence-Road Haulage Association Ltd.'s Conditions of Carriage (1967), conditions 3 (4), 12. Forwarding agents-Hire of van from carrier- Whether subject to Road Haulage Association Ltd.'s Conditions of Carriage (1967)-Liability of forwarding agents to indemnify carrier- Whether indemnity clause wide enough to cover carriers' own negligence-Condition 3 (4).

PRACTICE DIRECTION

[1971] 2 LLOYD'S LAW REPORTS 543

Court and Chambers Procedure-Hearings at the Royal Courts of Justice of matters originating in District Registries with full Chancery Jurisdiction.

Lloyd's Law Reports