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LOGS & TIMBER PRODUCTS (SINGAPORE) PTE. LTD. v. KEELEY GRANITE (PTY) LTD. (THE "FREIJO")

[1978] 2 Lloyd's Rep 1

Charter-party (Voyage) - Laytime - Notice of readiness given soon after vessel arrived at pilot station - Port congested - Free pratique granted about 18 days later - Date of commencement of laytime.

SHELL INTERNATIONAL PETROLEUM LTD. v. SEABRIDGE SHIPPING LTD. (THE "METULA")

[1978] 2 Lloyd's Rep 5

Charter-party (Voyage) - Freight - Vessel loaded 190,415 tons of petroleum - Vessel stranded - Part of cargo lost - Vessel delivered 138,195.3 tons - Whether freight payable on intaken quantity, quantity delivered or quantity delivered + 5 per cent - Exxonvoy 1969.

INTERMARE TRANSPORT G.M.B.H. v. TRADAX EXPORT S.A. (THE "OAKWOOD")

[1978] 2 Lloyd's Rep 10

Charter-party (Consecutive Voyage) - Redelivery - Vessel performed eight voyages - Disponent owners required her to perform a ninth voyage - Voyage charterers refused - Whether voyage charterers obliged to give instructions for a ninth voyage.

JADE INTERNATIONAL STEEL STAHL UND EISEN G.m.b.H. Co. K.G. v. ROBERT NICHOLAS (STEELS) LTD.

[1978] 2 Lloyd's Rep 13

Bill of exchange - Holder in due course - Bill discounted through bank - Dishonoured by acceptor - Returned to drawer - Whether drawer could sue as holder in due course - Whether drawer entitled to summary judgment - Bills of Exchange Act, 1882, s.29(3), R.S.C., O.14.

McNEALY v. THE PENNINE INSURANCE CO. LTD. WEST LANC. INSURANCE BROKERS LTD. AND CARNELL

[1978] 2 Lloyd's Rep 18

Insurance (Motor) - Insurance brokers - Excepted risks - Brokers failed to ask plaintiff about excepted risks - Plaintiff involved in car accident - Insurers denied liability - Whether broker liable to indemnify plaintiff - Whether broker under duty to take reasonable care in effecting policy.

REYNOLDS AND ANOTHER v. PHOENIX ASSURANCE CO. LTD. AND OTHERS

[1978] 2 Lloyd's Rep 22

Insurance (Fire) - Practice - Non-disclosure - Insured failed to disclose previous convictions - Whether insurers could amend pleadings to allege non-disclosure - Whether Rehabilitation of Offenders Act, 1974, applied.

THE "LYRMA" (No. 1)

[1978] 2 Lloyd's Rep 27

Salvage - Award - Action in rem - Default of appearance - Salvors claimed remuneration for salvage services to ship - Ship arrested - Order for sale pendente lite - Value of ship salved - Quantum of award.

THE "LYRMA" (No. 2)

[1978] 2 Lloyd's Rep 30

Admiralty practice - Maritime lien - Salvage - Salvors obtained judgment against shipowners - Ship sold by Admiralty Marshal - Claim by master and crew for wages and other disbursements - Determination of priorities between salvors and wage claimants.

UNITRAMP v. GARNAC GRAIN CO. INC. (THE "HERMINE")

[1978] 2 Lloyd's Rep 37

Charter-party (Voyage) - Safe port - Vessel prevented from leaving port - Whether port "safe" at time of its nomination - Whether temporary obstacles preventing vessel leaving port rendered it unsafe.

GLENIFFER FINANCE CORPORATION LTD. v. BAMAR WOOD & PRODUCTS LTD. AND ANOTHER

[1978] 2 Lloyd's Rep 49

Insurance (Fire) - Landlord and tenant - Reinstatement - Lease required insurance to cover full cost of reinstatement of premises - Lessee to pay annual premium to lessor - Date on which cost of reinstatement to be calculated.

CROUDACE CONSTRUCTION LTD. v. CAWOODS CONCRETE PRODUCTS LTD.

[1978] 2 Lloyd's Rep 55

Sale of goods - Exception clause - Sellers delayed in delivering goods - Buyers suffered loss - Whether sellers protected by exception clause from "any consequential damage" arising from late supply - Whether word "consequential" covered loss directly resulting from late delivery - Whether buyers could recover damages.

MANTOVANI v. CARAPELLI S.p.A.

[1978] 2 Lloyd's Rep 63

Sale of goods (f.o.b.) - Non-acceptance - Buyers not allowed to use weighing and sampling facilities at port of loading - Whether sellers in breach for failing to provide facilities - Whether buyers justified in rejecting documents - Whether arbitration clause barred all legal proceedings - GAFTA 119.

BREMER HANDELSGESELLSCHAFT m.b.H v. J. H. RAYNER & CO. LTD.

[1978] 2 Lloyd's Rep 73

Sale of goods (f.o.b.) - Nomination of vessel - Sellers rejected nominations - Buyers called for extension of time for loading - Whether GAFTA 64, cl. 7 applicable - Whether sellers repudiated contract - GAFTA 64, Anec f.o.b. contract.

ANTAIOS COMPANIA NAVIERA S.A. v. LEDESMA OVERSEAS SHIPPING CORPORATION (THE "LEDESCO UNO")

[1978] 2 Lloyd's Rep 99

Admiralty practice - Jurisdiction - Arrest - Vessel chartered by owners to charterers under voyage charter-party - Claim by owners for freight - Arrest of vessel owned by charterers - Whether Court had jurisdiction to entertain action in rem - Whether vessel should be released - Administration of Justice Act 1956, s. 3(4) - Hong Kong. Arbitration - Charter-party (Voyage) - Arbitration clause - Whether proceedings should be stayed - Whether claimant should be put to election to proceed by arbitration or litigation - Hong Kong.

BREMER HANDELSGESELLSCHAFT M.B.H. v. VANDEN AVENNE IZEGEM P.V.B.A.

[1978] 2 Lloyd's Rep 109

Sale of goods (c.i.f.) - Prohibition of export - Sale of U.S. soya bean meal c.i.f. Rotterdam - Embargo on export of soya bean meal imposed by U.S. Government - Whether sellers excused by terms of contract from failure to deliver - Whether contract frustrated - Whether buyers' rights under contract had been waived - GAFTA 100.

FEDERAL COMMERCE AND NAVIGATION LTD. v. MOLENA ALPHA INC. SAME v. MOLENA BETA INC. SAME v. MOLENA GAMMA INC. (THE "NANFRI" "BENFRI" AND "LORFRI")

[1978] 2 Lloyd's Rep 132

Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.

SURREY SHIPPING CO. LTD. v. COMPAGNIE CONTINENTALE (FRANCE) S.A. (THE "SHACKLEFORD")

[1978] 2 Lloyd's Rep 154

Charter-party (Voyage) - Laytime - Special clause in charter provided for commencement of laytime - Vessel shifted from one berth to another - Whether shifting interrupted running of laytime - Baltimore form C charter-party.

THERMISTOCLES NAVEGACION S.A. v. LANGTON (THE "QUEEN FREDERICA")

[1978] 2 Lloyd's Rep 164

Charter-party (Time) - Guarantee - Arbitration clause - Whether shipowners could claim against guarantor - Whether dispute had to be referred to arbitration first.

CONSOLIDATED INVESTMENT & CONTRACTING CO. v. SAPONARIA SHIPPING CO. LTD. (THE "VIRGO")

[1978] 2 Lloyd's Rep 167

Limitation of time - Short delivery - Claim by cargo-owners for damages for short delivery - Whether claim barred by lapse of time under Hague Rules - Whether cargo-owners' application for extension of time should be granted - Hague Rules, art. III, r. 6 - Arbitration Act, 1950, s. 27.

PHOTO PRODUCTION LTD. v. SECURICOR TRANSPORT LTD.

[1978] 2 Lloyd's Rep 172

Contract - Exemption clause-Securicor patrolman set fire to premises-Whether Securicor liable for damage caused-Whether Securicor entitled to rely on exemption clause.

MAGNOLIA SHIPPING CO. LTD. OF LIMASSOL v. JOINT VENTURE OF THE INTERNATIONAL TRADING & SHIPPING ENTERPRISES AND KINSHIP MANAGEMENT CO. LTD. OF BRUSSELS (THE "CAMELIA" AND "MAGNOLIA")

[1978] 2 Lloyd's Rep 182

Charter-party (Voyage) - Laytime - Owners claimed demurrage - Whether certain periods of rain should be excluded from computation of laytime - Effect of words "Weather permitting working day" on actual or notional laytime.

INTERNATIONAL BULK CARRIERS (BEIRUT) S.A.R.L. v. EVLOGIA SHIPPING CO. S.A., AND MARATHON SHIPPING CO. LTD. (THE "MIHALIOS XILAS")

[1978] 2 Lloyd's Rep 186

Charter-party (Time) - Hire - Non-payment - Whether owners entitled to temporarily withdrew vessel until hire paid - Whether charterers entitled to repayment of hire - Whether "escrow hire" payment a penalty.

MONROVIA TRAMP SHIPPING CO. v. THE PRESIDENT OF INDIA (THE "PEARL MERCHANT")

[1978] 2 Lloyd's Rep 193

Charter-party (Voyage)-Demurrage-Payment to be made in U.S. dollars-Charterers made payments in sterling-Whether charterers' obligations discharged-Whether charterers liable for shortfall-Rate of exchange applicable.

AFRO PRODUCE (SUPPLIES) LTD. v. METALFA SHIPPING CO. LTD. (THE "GEORGIOS")

[1978] 2 Lloyd's Rep 197

Carriage by sea - Freight - Plaintiffs paid advance freight to owners - Owners accepted it on assumption that it was payment of charter hire - Whether plaintiffs could recover payment made.

HUILERIE L'ABEILLE v. SOCIETE DES HUILERIES DU NIGER (THE "KASTELLON")

[1978] 2 Lloyd's Rep 203

Sale of goods (c.i.f.)-Force majeure-Oil shipped on Feb. 1 and 2, but bills of lading dated Jan. 31- Neither sellers nor buyers aware of deception- Whether sellers in breach of contract-Whether force majeure clause applicable.

ALGEMENE OLIEHANDEL INTERNATIONAL B.V. v. BUNGE S.A.

[1978] 2 Lloyd's Rep 207

Sale of goods - Breach - Sellers shipped oil not in conformity with contract - Buyers resold oil - Whether buyers suffered any damages - Whether buyers lost right of rejection.

HODGSON v. GENERAL ELECTRICITY CO. LTD.

[1978] 2 Lloyd's Rep 210

Damages - Personal injury - Employee's hand injured in accident due to employers' negligence - Three fingers amputated - Movement of hand restricted - Subsequent development of heart condition unconnected with accident - Claim for loss of earnings - Whether damages should be awarded only down to onset of heart condition.

ASSOCIATED METALS & MINERALS CORPORATION v. THE SHIP "EVIE W", ARIS STEAMSHIP CO. INC. AND WORLDWIDE CARRIERS LTD. (THE "EVIE W")

[1978] 2 Lloyd's Rep 216

Admiralty practice - Jurisdiction - Federal Court (Trial Division) - Power of Canadian Parliament to confer jurisdiction on Court in admiralty matters - British North America Act 1867, ss. 101, 129 - Federal Court Act s. 22 - Canada. Bill of lading - Charter-party (Time) - Bill of lading signed by master - Whether he signed as agent of shipowners - Whether shipowners liable for non-delivery of goods - Canada.

PRACTICE DIRECTION

[1978] 2 Lloyd's Rep 221

Patents Court-Appeals from the Comptroller- General of patents, designs and trade marks.

DALMIA DAIRY INDUSTRIES LTD. v. NATIONAL BANK OF PAKISTAN

[1978] 2 Lloyd's Rep 223

Conflict of laws - Arbitration award - Guarantee given to Indian company by Pakistani bank that third party would perform contract - Contract not performed - Claim by Indian company that bank was liable under guarantee - Dispute referred to arbitrator - Bank held liable by arbitrator - Indian company seeking to enforce arbitration award - Plea by bank that award not enforceable - Whether arbitrator entitled to decide whether he had jurisdiction - Whether guarantee and award abrogated by state of hostilities between Pakistan and India - Whether award contrary to English public policy - Whether principles of natural justice infringed by arbitrator's refusal to hear oral evidence - Whether award enforceable.

CZARNIKOW LTD. v. CENTRALA HANDLU ZAGRANICZNEGO "ROLIMPEX"

[1978] 2 Lloyd's Rep 305

Sale of goods (f.o.b.)-Prohibition of export-Force majeure-Sugar sold to English merchants by Polish state enterprise-Clause in contract excusing non-delivery caused by force majeure including government intervention-Export of sugar forbidden by decree of Polish government- Whether sellers could rely on clause.

COOKSON v. KNOWLES

[1978] 2 Lloyd's Rep 315

Damages - Fatal accident - Widow claimed damages-Date at which earnings to be ascertained and interest payable-Whether effect of inflation should be taken into account-Measure of damages-Fatal Accidents Acts, 1846 to 1976- Law Reform (Miscellaneous Provisions) Act, 1934.

COMPANIA DE NAVEGACION POHING S.A. v. SEA TANKER SHIPPING (PTE) LTD. (THE "BUENA TRADER")

[1978] 2 Lloyd's Rep 325

Sale of ship-Contract-Whether contract between buyer and seller in existence-Buyers refused to accept delivery-Whether continuous machinery survey cycle "up to date" at time of delivery- Whether sellers under implied obligation to notify classification society of defects affecting vessel's class.

THE "HELLENIC DOLPHIN"

[1978] 2 Lloyd's Rep 336

Unseaworthiness-Damage to cargo-Sea water entered through leaking seam-Whether vessel unseaworthy at commencement of voyage- Whether shipowners could rely on perils of the sea-Whether shipowners exercised due diligence to make vessel seaworthy.

THE "CITY OF LEEDS"

[1978] 2 Lloyd's Rep 346

Collision-Crossing vessels-Collision in Eastham Channel-Responsibility for collision- Apportionment of liability.

GATOR SHIPPING CORPORATION v. TRANS-ASIATIC OIL LTD. S.A. AND OCCIDENTAL SHIPPING ESTABLISHMENT (THE "ODENFELD")

[1978] 2 Lloyd's Rep 357

Charter-party (Time)-Repudiation-Plaintiffs made a loan to owners on basis that charter represented full bargain between owners and charterers-Hire assigned to plaintiffs-Side letter incorporating funding arrangements not revealed to plaintiffs- Owners failed to comply with obligations in side letter-Whether charterers entitled to treat charter as repudiated.

PYXIS SPECIAL SHIPPING CO. LTD. v. DRITSAS & KAGLIS BROS. LTD. (THE "SCAPLAKE")

[1978] 2 Lloyd's Rep 380

Charter-party (Voyage)-Agency-Principal and agent-Whether defendants party to the charter- Whether defendants bound by arbitration clause- Whether plaintiffs barred from continuing arbitration against defendants since they elected to hold charterers liable under charter.

RUST v. ABBEY LIFE ASSURANCE CO. LTD. AND ANOTHER

[1978] 2 Lloyd's Rep 386

Insurance (Property Bonds)-Contract- Misrepresentation-Whether binding contract concluded between insured and insurers-Whether insured intended to contract with insurers- Whether insurers' agent used undue influence or was liable for negligence and misrepresentation.

PRACTICE DIRECTION

[1978] 2 Lloyd's Rep 395

Bankruptcy appeals from County Courts to the Divisional Court of the Chancery Division.

CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION v. EVLOGIA SHIPPING CO. S.A. (THE "MIHALIOS XILAS")

[1978] 2 Lloyd's Rep 397

Charter-party (Time) - Hire - Hire to be paid monthly - Full hire not paid by charterers - Vessel withdrawn by shipowners - Claim by charterers that withdrawal was wrongful - Whether right of withdrawal waived by shipowners - "Baltime" form.

CHELLARAM & SONS (LONDON) LTD. v. BUTLERS WAREHOUSING & DISTRIBUTION LTD.

[1978] 2 Lloyd's Rep 412

Warehousekeeper - Lien - General lien - Contract between warehousekeeper and customers giving general lien over goods for money due from customers and goods-owners - Whether general lien effective against goods-owners - General Conditions of Contract of National Association of Warehousekeepers, cl. 8.

KROHN & CO. v. MITSUI AND CO. EUROPE G.M.B.H.

[1978] 2 Lloyd's Rep 419

Sale of goods (c. & f.) - Short delivery - Final settlement to be based on gross delivered weights at Rotterdam - Short delivery of goods discharged at Bremen - Whether buyers could recover money paid for shortfall - GAFTA 100.

STOCKTON v. MASON AND THE VEHICLE AND GENERAL INSURANCE CO. LTD. AND ARTHUR EDWARD (INSURANCE) LTD.

[1978] 2 Lloyd's Rep 430

Insurance (Motor)-Interim insurance-Insurance broker-Substitution of motor cur under policy- Insured not advised that cover in respect of substituted car altered until after accident occurred-Whether brokers negligent in not informing insured of inability to obtain similar cover.

CARRAS SHIPPING CO. LTD. v. THE FOOD CORPORATION OF INDIA SAME v. SAME (THE "DELIAN LETO" and "DELIAN SPIRIT")

[1978] 2 Lloyd's Rep 433

Arbitration-Arbitrator-Appointment -Centrocon arbitration clause-Dispute between disponent owners and charterers-Arbitrator appointed on behalf of registered owners-Whether appointment valid where claim made by disponent owners- Whether appointment made within time limit.

REYNOLDS AND ANDERSON v. PHOENIX ASSURANCE CO. LTD. AND OTHERS

[1978] 2 Lloyd's Rep 440

Insurance (Fire)-Non-disclosure-Property damaged by fire-Method of evaluating loss- Betterment-Insured failed to disclose previous convictions-Whether insurers could avoid liability-Effect of Rehabilitation of Offenders Act, 1974.

PORTER v. ADDO SAME v. MOTOR INSURERS' BUREAU

[1978] 2 Lloyd's Rep 463

Insurance (Motor)-Motor Insurers' Bureau- Damages-Personal injury-Defendant driving plaintiff's car but uninsured-Plaintiff injured as a result of defendant's negligent driving-Whether plaintiff knew defendant uninsured-Whether plaintiff could claim against Motor Insurers' Bureau for satisfaction of claim against defendant.

S.I.A.T. DI DEL FERRO v. TRADAX OVERSEAS S.A.

[1978] 2 Lloyd's Rep 470

Sale of goods (c.i.f.)-Documents clause-Buyers rejected documents-Whether contract included "Tradax Documents Clause"-Whether documents defective-Whether sellers' letter of guarantee cured defects-Whether valid tender by sellers to buyers-Liability for demurrage- GAFTA 100.

ALIAKMON MARITIME CORPORATION v. TRANS OCEAN CONTINENTAL SHIPPING LTD. AND FRANK TRUMAN EXPORT LTD. (THE "ALIAKMON PROGRESS")

[1978] 2 Lloyd's Rep 499

Charter-party (Time)-Guarantee-Charterers paid part of hire-Owners claimed on guarantee- Vessel suffered damage at Icelandic port and off hire-Whether guarantor entitled to set off and equitable set off-New York Produce Exchange form.

HYUNDAI SHIPBUILDING & HEAVY INDUSTRIES CO. LTD. v. POURNARAS SAME v. BOUBOULINA SHIPPING S.A.

[1978] 2 Lloyd's Rep 502

Contract - Shipbuilding - Guarantee - Buyers defaulted in payment - Whether guarantor liable under guarantee - Whether guarantor's liability ceased once contract at an end - Whether guarantor entitled to set off - Whether guarantor could claim equitable relief - R.S.C., O. 14.

INTERTRADEX S.A. v. LESIEUR-TOURTEAUX S.A.R.L.

[1978] 2 Lloyd's Rep 509

Sale of goods (c.i.f.)-Non-delivery-Frustration- Force majeure-Sale of Mali groundnut expellers- Sellers unable to deliver because of interruptions in supply of raw materials and/or breakdown of machinery-Whether contract frustrated- Whether sellers could rely on cl. 22-GAFTA 100.

THE "WLADYSLAW LOKIETEK"

[1978] 2 Lloyd's Rep 520

Admiralty practice - Release of security - Stay of action - Collision in Baltic Sea - Limitation fund paid into Polish Court - Arrest of sister ship in English port - Motion to release security given by arrested ship - Whether action should be stayed - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 5.

THOS. P. GONZALEZ CORPORATION v. MULLER'S MUHLE, MULLER G.m.b.H & Co. K.G.

[1978] 2 Lloyd's Rep 541

Arbitration-Sale of goods-Two tier system of arbitration operated by GAFTA-Whether sellers' application to set aside awards by first tier arbitrators should be granted-Whether sellers' right to appeal to Board of Appeal should be disregarded-GAFTA 30.

SOCIEDAD IBERICA DE MOLTURACION S. A. v. TRADAX EXPORT S.A.

[1978] 2 Lloyd's Rep 545

Sale of goods (c. & f.) - Non-delivery - Sellers failed to ship within shipment period -Sellers invoked strike extension clause - Whether sellers in breach of contract - Whether buyers entitled to damages -I.O.S.A. 76.

TOEPFER v. LENERSAN-POORTMAN N.V. TOEPFER v. VERHEIJDENS VEERVOEDER COMMISSIEHANDEL

[1978] 2 Lloyd's Rep 555

Sale of goods (c.i.f.)-Non-acceptance-Buyers refused to take up documents as being out of time-Whether "payment against documents" clause a condition-Whether buyers in default.

COLONIALE IMPORT-EXPORT v. LOUMIDIS SONS

[1978] 2 Lloyd's Rep 560

Sale of goods (c.i.f.) - Non-delivery - Buyers failed to obtain import licence - Sellers resold goods - Whether buyers entitled to rely on "force majeure" - Whether sellers entitled to claim damages.

HERSENT OFFSHORE S.A. AND AMSTERDAMSE BALLAST BETON-EN WATERBOUW B.V. v. BURMAH OIL TANKERS LTD.

[1978] 2 Lloyd's Rep 565

Arbitration - Award - Contract for construction of platform and pipeline - Disputes referred to arbitration - Whether arbitrator misconducted himself - Whether error of law on face of award.

TOEPFER v. WARINCO A.G.

[1978] 2 Lloyd's Rep 569

Sale of goods (f.o.b.)-Sale by description-Buyers appointed loading supervisors-After 1900 tonnes loaded, supervisors noticed that coarse-ground instead of fine-ground meal being loaded- Whether supervisors had implied authority to waive condition relating to description-Whether buyers under duty to mitigate damage-Whether sellers liable to buyers-GAFTA 119.

RUSSELL AND OTHERS v. BRITISH UNITED TRAWLERS (GRANTON) LTD. (THE "NETTA CROAN")

[1978] 2 Lloyd's Rep 579

Negligence - Master and servant - Fire in stove in fishing boat - Liferaft launched and towed whilst boat was out of control - Deckhand taking to raft and being drowned - Skipper failing to see that raft was securely lashed - Failure to order crew to remain on board - Whether skipper negligent - Scotland.

OWNERS AND CHARTERERS OF THE VESSEL "CITY OF COLOMBO", ELLERMAN LINES LTD. AND CANADIAN CITY LINE v. VARIETY TEXTILE MANUFACTURERS LTD. (THE "CITY OF COLOMBO")

[1978] 2 Lloyd's Rep 587

Bill of Lading - Short delivery - Customs duty paid by importer for whole cargo - Whether importer entitled to recover duty from carrier in respect of goods not delivered - Customs Act ss. 8, 11, 19, 24, 112 - Canada.

Lloyd's Law Reports