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JAHN (TRADING AS C. F. OTTO WEBER) v. TURNBULL SCOTT SHIPPING COMPANY, LTD., AND NIGERIAN NATIONAL LINE, LTD. (THE "FLOWERGATE")

[1967] 1 Lloyd's Rep 1

Carriage by sea-Damage to cargo-Inherent vice- Ventilation - Bad stowage- Cocoa (stowed in hold under 'tween deck containing logs) delivered moisture damaged-Dispute as to source of moisture causing damage- Onus of proof-Liability of shipowners.

WHEELER v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1967] 1 Lloyd's Rep 49

Master and servant-Unnecessary risk-Injury to dock worker's hand while replacing hatch covers-Liability of employers.

F. & G. SYKES (WESSEX), LTD. v. FINE FARE, LTD.

[1967] 1 Lloyd's Rep 53

Contract-Uncertainty-Contractual quantity left for determination between parties- Whether contract was binding-No agreement on quantity-Whether arbitration clause filled contractual lacuna or contract was terminated by operation of law.

-Breach-Assessment of damages- Determination of (i) period contract would have subsisted if not wrongfully repudiated and (ii) quantity of contractual goods upon which damages fell to be assessed.

ARYEH v. LAWRENCE KOSTORIS & SON, LTD.

[1967] 1 Lloyd's Rep 63

Damages-Sale of goods (f.o.b.)-Breach- Non-delivery-Quality-Measure of damages -Sale of Goods Act, 1893, Sects. 51, 53.

THE "OSPREY"

[1967] 1 Lloyd's Rep 76

Collision - Fog - Narrow channel - Radar - Excessive speed-Both vessels proceeding in mid-channel-Navigation by leading lights. Costs-Meaning of "follow the event" (R.S.C., Order 62, r. 3 (2)).

PRACTICE DIRECTION

[1967] 1 Lloyd's Rep 96

Family Provision Act, 1966.

THE "GANNET"

[1967] 1 Lloyd's Rep 97

Collision-Fog-Radar-Excessive speed-Bad look-out-Signals.

THE "FRITZ THYSSEN"

[1967] 1 Lloyd's Rep 104

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.

DIANA MARITIME CORPORATION OF MONROVIA v. SOUTHERNS, LTD.

[1967] 1 Lloyd's Rep 114

Bill of lading-". . . cause beyond Carrier's control such as . . ."-Delay anticipated at port of discharge-Cargo discharged at convenient port under clause giving shipowner liberty to discharge at convenient port-Whether delay was cause within clause -Whether delay anticipated to be for unreasonable time-Liability of cargo-owners for freight-Liability of shipowners for forwarding expenses.

ROLLAND v. ALACHOUZOS AND HELMVILLE, LTD.

[1967] 1 Lloyd's Rep 126

Contract-Professional services-Dispute as to payment.

PRESVALE TRADING COMPANY, LTD. v. SUTCH & SEARLE, LTD.

[1967] 1 Lloyd's Rep 131

Carriage of goods-Loss of goods in transit- Lorry garaged overnight-Lorry and goods stolen-Steering lock on lorry not secured -No night watchman or burglar alarm at garage-Liability of carriers.

DAY v. HARLAND & WOLFF, LTD.

[1967] 1 Lloyd's Rep 136

Shipbuilding and Ship-repairing Regulations, 1960-Safe means of access-Obstruction on ship's deck-Injury to ship's painter- Liability of employers-Whether ship's deck was means of access or place of work- Regulation 6. Master and servant-Unnecessary risk- Obstruction on ship's deck-Injury to ship's painter-Duty on employers to remove obstruction.

LISI AND OTHERS v. ALITALIA-LINEE AEREE ITALIANE, S.P.A.

[1967] 1 Lloyd's Rep 140

Carriage by air-Passenger ticket and baggage check-Notification of limitation of liability under Warsaw Convention virtually invisible -Effect on liability of carrier-Whether notification required on ticket and check- Warsaw Convention, 1929, Arts. 3, 4.

GORE v. VAN DER LANN. CORPORATION OF LIVERPOOL (INTERVENERS)

[1967] 1 Lloyd's Rep 145

Contract-Passenger-Free pass-Whether a licence or a contract-Effect of Road Traffic Act, 1960, Sect. 151. Licence - Passenger - Free pass - Alleged implied promise by passenger not to sue employees-Right of employers to order staying proceedings. Practice-Stay of proceedings-Alleged fraud on Corporation by holder of free pass in claim against Corporation's servant- Liability of Corporation to indemnify servant-Whether Corporation entitled to order staying proceedings-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 41-County Courts Act, 1959, Sect. 103.

THE QUEEN v. JUSTICES FOR THE PETTY SESSIONAL DIVISION OF ST. AUGUSTINE, KENT. EX PARTE LYE AND OTHERS

[1967] 1 Lloyd's Rep 154

Wireless Telegraphy Act, 1949-Jurisdiction of Magistrates' Court-Whether wireless transmitter operated outside territorial waters- Meaning of "territorial waters"-Territorial Waters Jurisdiction Act, 1878-Territorial Waters Order-in-Council, 1964.

THE "FOREST LAKE"

[1967] 1 Lloyd's Rep 171

Collision-Anchored vessel getting under way-Tardy lowering of black ball- Crossing vessels - Look-out - Signals - Collision Regulations, 1954, Rule 19.

PARAMOR v. DOVER HARBOUR BOARD

[1967] 1 Lloyd's Rep 179

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.

JOHN BOWRON & SON, LTD. v. RODEMA CANNED FOODS, LTD.

[1967] 1 Lloyd's Rep 183

Sale of goods (f.o.b.)-Description-"subject to approval of 25 cases"-Disapproval by buyers of preliminary shipment-Whether contract was terminated.

PRACTICE DIRECTION

[1967] 1 Lloyd's Rep 190

Vendor and purchaser summonses.

THE "MIRAFLORES" AND THE "ABADESA"

[1967] 1 Lloyd's Rep 191

Maritime Conventions Act, 1911-Apportionment of fault where three vessels were involved-Sect. 1. Negligent navigation-Grounding in narrow channel while avoiding vessels in collision and burning oil on water-Liability of colliding vessels-Contributory negligence- Maritime Conventions Act, 1911, Sect. 1. Collision-Narrow channel-Duty to hold back -Starboard-side rule - Look-out - Tardy avoiding action-"Unable to manoeuvre" signal-Duty to take exceptional precautions in exceptional conditions - Rules for Navigation in Netherlands Inland Waters, Arts. 41 (2), 42 (1).

LONDON AND THAMES HAVEN OIL WHARVES, LTD. v. ATTWOOL (H.M.I.T.)

[1967] 1 Lloyd's Rep 204

Revenue-Income tax-Compensation for loss of use of jetty-Whether assessable as trading profit.

POST OFFICE v. NORWICH UNION FIRE INSURANCE SOCIETY, LTD.

[1967] 1 Lloyd's Rep 216

Third Parties (Rights against Insurers) Act, 1930-Indemnity "against all sums . . . Insured . . . legally liable to pay"-"3. No admission . . . shall be made . . . by . . . the Insured"-Whether injured third party entitled to claim against insurers of bankrupt although amount of liability had not been determined-Effect of Condition 3.

RE FOREIGN TRIBUNALS EVIDENCE ACT, 1856 AMERICAN EXPRESS WAREHOUSING, LTD. v. DOE AND OTHERS

[1967] 1 Lloyd's Rep 222

Practice-Evidence for foreign tribunal requested from persons not parties to action -Whether letters rogatory from U.S. Court were intended to provide discovery.

HARDY v. THAMES & GENERAL LIGHTERAGE, LTD.

[1967] 1 Lloyd's Rep 228

Master and servant-Unnecessary risk-Injury to lighterman when broken pin flew from dolly-Res ipsa loquitur-Liability of employers.

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

[1967] 1 Lloyd's Rep 232

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 officer and in not providing piping plan.

PRACTICE DIRECTION

[1967] 1 Lloyd's Rep 237

Wardship applications.

BART v. BRITISH WEST INDIAN AIRWAYS, LTD.

[1967] 1 Lloyd's Rep 239

Carriage by air-Delay due to carrier's negligence-Alleged consequential loss- Whether damnified person (not consignor or consignee) could sue carrier-Liability of carrier-Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953 (No. 1206). Principal and agent-Contract for carriage by air-Alleged loss due to delay-Whether consignor acting as agent of damnified person. Contract-Fundamental breach. -Third party's right to sue. Negligence-Delay in carriage-Alleged consequential loss-Liability of carrier to person damnified. Bailment and sub-bailment - Liability for delay.

CHRIS FOODSTUFFS (1963), LTD. v. NIGERIAN NATIONAL SHIPPING LINE, LTD.

[1967] 1 Lloyd's Rep 293

Carriage by sea-Cargo delivered damaged- Alleged faulty stowage or bad ventilation -Liability of shipowners-Hague Rules, Art. III, r. 2.

DAY v. HARLAND & WOLFF, LTD.

[1967] 1 Lloyd's Rep 301

Practice-New trial-Fresh evidence.

LIBERIAN SHIPPING CORPORATION v. A. KING & SONS, LTD.

[1967] 1 Lloyd's Rep 302

Arbitration - Extension of time - Whether undue hardship would otherwise be caused -Meaning of "undue hardship"-Reversal of trend giving narrow meaning to those words. Practice-Interference with Judge's discretion.

CREDITO ITALIANO v. M. BIRNHAK & SONS, LTD.

[1967] 1 Lloyd's Rep 314

Practice-Order 14 proceedings on bill of exchange-Whether a "triable issue." Bankruptcy - Fraudulent preference - Action on bill of exchange by holder-Whether preference by drawer of bill. -Acceptance of bill of exchange allegedly induced by fraud.

THE "BONIFAZ"

[1967] 1 Lloyd's Rep 321

Collision - Fog - Radar - Failure to plot - Excessive speed-Close-quarters situation.

JARVIS v. HAY'S WHARF, LTD.

[1967] 1 Lloyd's Rep 329

Docks Regulations, 1934-Unfenced gantry- Injury to dock worker-Liability of occupier of warehouse-Regulation 1-Meaning of "wharf, or quay". Master and servant-Unnecessary risk- Unfenced gantry-Injury to dock worker- Liability of employers.

GRACE KENNEDY & CO., LTD. v. CANADA JAMAICA LINE; CANADA WEST INDIES SHIPPING COMPANY, LTD.; AND ALDAG

[1967] 1 Lloyd's Rep 336

Bill of lading-Damage to cargo-Condensation -Effect of demise clause in bill of lading- Liability of shipping agents, and/or operators and/or shipowners-Absence of proof of damage.

THE "LUCILE BLOOMFIELD"

[1967] 1 Lloyd's Rep 341

Collision-Vessels picking up and dropping pilots-Look-out-Duty to make sound signals-Collision Regulations, 1954, Rule 28 -Meaning of "in sight"-Maritime Conventions Act, 1911, Sect. 1. Costs-Special order.

THE "ROYALGATE"

[1967] 1 Lloyd's Rep 352

Collision-Crossing vessels-Give-way vessel approaching pilot vessel-Duty of stand-on vessel-Stand-on vessel to be judged with leniency.

VAIL v. VITAK TIMBER IMPORTS, LTD.

[1967] 1 Lloyd's Rep 360

Master and servant - Unnecessary risk - Alleged lack of instruction or supervision -Injury to employee while slinging timber -Liability of employers. Factories Act, 1961 - Safe premises - Obstructed floor-Injury to employee while slinging timber-Liability of employers.

UNDER WATER WELDERS & REPAIRERS, LTD., AND S.B.C. (UNDER WATER), LTD. v. STREET AND LONGTHORNE

[1967] 1 Lloyd's Rep 364

Practice - Injunction - Alleged breach of agreement in restraint of trade - Whether process was confidential and required protection

MASON v. LEVY AUTO PARTS OF ENGLAND, LTD.

[1967] 1 Lloyd's Rep 372

Negligence - Fire - Escape to neighbour's land - Test for liability - "Rylands v. Fletcher" doctrine - Fires Prevention (Metropolis) Act, 1774, Sect. 86.

GERHARDT v. CONTINENTAL INSURANCE COMPANIES AND FIREMEN'S INSURANCE COMPANY OF NEWARK

[1967] 1 Lloyd's Rep 380

United States-Houseowner's comprehensive insurance-Exemption clause voided.

PRACTICE DIRECTION

[1967] 1 Lloyd's Rep 386

Evidence in applications under the Inheritance (Family Provision) Act, 1938, and infant matters.

BARCLAYS BANK, LTD. v. ASCHAFFENBURGER ZELLSTOFFWERKE A.G.

[1967] 1 Lloyd's Rep 387

Practice - Order 14 proceedings on bills of exchange by indorsees - Set-off and cross-claim against drawers raised by acceptors - Whether available against indorsees. Bill of exchange - Claim against acceptors by holders in due course - Whether holders for value - Whether set-off and cross-claim by acceptors against drawers available against holders.

MOUKATAFF v. BRITISH OVERSEAS AIRWAYS CORPORATION

[1967] 1 Lloyd's Rep 396

Carriage by air-Loss of registered postal packets-Liability of carrier.

ANTCLIFFE v. ALFRED BANNISTER (TRAWLERS), LTD.

[1967] 1 Lloyd's Rep 429

Master and servant-Unnecessary risk-Lack of instruction - Inexperienced deck-hand drawn into winch on fishing vessel-Liability of shipowners.

GORE v. NORTHEAST AIRLINES, INC.

[1967] 1 Lloyd's Rep 433

Conflict of laws-United States-Wrongful death statute of locus delicti embodying limitation on damages-Whether applicable by forum-Effect of domicile of beneficiaries. Carriage by air-Death of passenger-Whether action by executor governed by lex loci delicti or proper law of tort.

THE "GNIEZNO"

[1967] 1 Lloyd's Rep 441

Admiralty practice-Counterclaim-Whether maintainable although plaintiffs' writ "in rem" had not been served.

S. G. EMBIRICOS, LTD. v. TRADAX INTERNACIONAL S.A. (THE "AZUERO")

[1967] 1 Lloyd's Rep 464

Charter-party-Hatches opened and closed during discharge of cargo-Whether shipowners or chatterers liable for cost under f.i.o. charter-party. Arbitration-Award-Incorrect description of parties by umpire-Comments by Court.

MORGAN v. FRY, CRISPIN, CRONE, HARRALL, MEHEGAN AND BILSON

[1967] 1 Lloyd's Rep 471

Intimidation-Dismissal of lockman induced by union officials-Liability of union officials.

BREWER v. DELO

[1967] 1 Lloyd's Rep 488

Negligence-Duty of care-Foreseeability of damage-Justification for disregarding risk -Golfer injured by golf ball hooked by player-Liability of player.

BOOM v. THOMAS HUBBUCK & SON, LTD.

[1967] 1 Lloyd's Rep 491

Damages-Assessment-Personal injuries claim -Pre-accident condition-Effect of further accidents.

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

[1967] 1 Lloyd's Rep 495

Sale of goods-Agency-Whether purchasers acting as agents of undisclosed principals -Fraudulent misrepresentation by alleged undisclosed principals-Whether contract enforceable by purchasers. Contract-Circle contract-Fraudulent misrepresentation-Enforceability of contract. Damages-Assessment-Date.

WATSON NORIE, LTD. v. SHAW AND NELSON

[1967] 1 Lloyd's Rep 515

Damages-Loss of use of car-Liability of tortfeasor for cost of hiring reasonable temporary replacement.

PHOENIX DISTRIBUTORS, LTD. v. L. B. CLARKE (LONDON), LTD.; CULLEN ALLEN & CO., LTD. (THIRD PARTIES)

[1967] 1 Lloyd's Rep 518

Sale of goods-Quality-Potatoes "suitable for Poland"-Whether express term; collateral oral warranty; or implied condition of suitability existed-Rebuttal of presumption that buyers relied on sellers' skill and judgment-Sale of Goods Act, 1893, Sect. 14 (1) (2).

S.B.A. PROPERTIES, LTD. v. CRADOCK, BIEBER, BURDEN AND BANK OF NOVA SCOTIA

[1967] 1 Lloyd's Rep 526

Companies Act, 1948-Proceedings on inspector's report against company's bank- Whether Bank within Sect. 169 (4)-Meaning of "or other misconduct"-Whether Bank's alleged neglect was "in connection with" management of company's affairs.

AUTOMATIC TUBE COMPANY, PTY., LTD., AND EMAIL, LTD.-BALFOUR BUZACOTT DIVISION v. ADELAIDE STEAMSHIP (OPERATIONS), LTD., ADELAIDE STEAMSHIP COMPANY, LTD., AND ADELAIDE STEAMSHIP COMPANY, PTY., LTD. (THE "BELTANA")

[1967] 1 Lloyd's Rep 531

Carriage by sea-Limitation of action-". . . unless suit is brought within one year after delivery of the goods . . ."-Meaning of "delivery"-Whether cargo-owners' action was time barred-Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 6.

THE "CAP BON"

[1967] 1 Lloyd's Rep 543

Admiralty practice-Security-Attempt to maintain bail as security for payment of arbitration award-Purpose of action in rem. -Bail bond-Irregular form-Effect. -Order for delivery of statement of claim within certain time or action to be dismissed. -Vexatious proceedings - Arbitration and action in respect of same matter- Attempt to maintain bail as security for payment of arbitration award-R.S.C., Orders 18, r. 1; 19, r. 1; 75, r. 16; Appendix B, Form 11.

MUNDAY v. PORT OF LONDON AUTHORITY

[1967] 1 Lloyd's Rep 550

Master and servant-Unnecessary risk- No look-out posted to warn of any danger- Lighting-Dismantling of trunk of grain discharging unit-Injury to docker-Liability of employer-Docks Regulations, 1934- Regulation 3.

DOWLER v. RYE-ARC, LTD.

[1967] 1 Lloyd's Rep 554

Master and servant-System of working- Use of oxy-acetylene cutter-Boilermaker injured by falling molten metal-Liability of employers.

PRICE v. PORT OF LONDON AUTHORITY

[1967] 1 Lloyd's Rep 559

Master and servant-System of working- Moving heavy crates of tubes-Injury to dock labourer-Liability of employers.

TREADAWAY v. DIKE AND RAMSGATE CORPORATION

[1967] 1 Lloyd's Rep 564

Negligence-Vicarious liability-Hired crane and driver-Dock worker struck by set of cargo-Liability of employers and/or owners of crane. Master and servant-System of working-Dock worker struck by set of cargo-Whether crane operating blind-Liability of employers.

FOWLEY MARINE (EMSWORTH), LTD. v. GAFFORD

[1967] 1 Lloyd's Rep 572

Waters-Tidal waters-Right to fix permanent moorings in bed of tidal waters. Trespass-Extent of possession required to found action against persons fixing moorings in bed of tidal waters. Navigation-Permanent moorings-Whether an ordinary incident to navigation exercisable without permission of possessor or owner of bed of tidal waters-Meaning of "ordinary incident of navigation". Custom-Right to fix moorings in bed of tidal waters.

NARBETH v. JAMES (THE "LADY TAHILLA")

[1967] 1 Lloyd's Rep 591

Contract-Implied term-Optional methods of performance-Whether implied obligation to notify method chosen. Sale of ship - Agreement - Construction- Optional methods of performance-Whether notice of choice of method required. Ship's mortgage-Payment-Optional methods -Whether mortgagor under duty to give notice to mortgagee as to his choice of method-Whether mortgagor gave such notice.

THE "FAIRPORT" (NO. 4)

[1967] 1 Lloyd's Rep 602

Admiralty practice-Order for priorities- Variation-Duty of Court. -Pleadings-Summons to strike out as disclosing no reasonable defence.

ONASSIS AND CALOGEROPOULOS v. VERGOTTIS

[1967] 1 Lloyd's Rep 607

Contract-Option-Shares in ship-Whether party provided money by way of loan or for purchase of shares in ship.

FIRMIN & COLLINS, LTD. v. ALLIED SHIPPERS, LTD.; ALDER (THIRD PARTY)

[1967] 1 Lloyd's Rep 633

Contract-Breach-Duty to insure-Failure to store goods in "public warehouse". Insurance-All risks-"Whilst in a . . . public warehouse"-Meaning.

PRACTICE DIRECTION

[1967] 1 Lloyd's Rep 640

Guardianship of Infants Acts, 1886 and 1925 -Appeals from Court of Summary Jurisdiction.

Lloyd's Law Reports