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THE "ALMIZAR"

[1969] 1 Lloyd's Rep 1

Collision - Fog - Radar - Excessive speed -Look-out-Presence of fog not realized- Alteration of course-Collision Regulations, 1965, Rules 15, 16, 29.

THE "ITALIAN"

[1969] 1 Lloyd's Rep 11

Practice-Writ-Service out of jurisdiction- Whether leave should have been granted by Registrar-Discretion of Court-R.S.C. Order 11, r. 1. Charter-party-Limitation of action-Claim by cargo-owners for damage to cargo - Extension of time granted by time charterers -Whether binding on shipowner-Whether time charterers actual or ostensible agents of shipowner.

THOMAS BORTHWICK (GLASGOW), LTD. v. BUNGE & CO., LTD.

[1969] 1 Lloyd's Rep 17

Sale of goods (c.i.f.) - Appropriation - Vessel "expected to load 3rd/5th January, 1968, or substitute" - Vessel substituted - Shipping documents rejected by buyers - Whether appropriation was in accordance with contract terms-Whether sellers had option to substitute-Implied terms-Meaning of "or substitute" and "available". Sale of Goods Act, 1893, Sect. 29 (2). Contract - Deleted clause - Whether Court should ignore deleted terms. Practice-Precedent-Decision of Court of Appeal on construction of contract-Whether binding on lower Court.

THE PRESIDENT OF INDIA v. METCALFE SHIPPING COMPANY, LTD. (THE "DUNELMIA")

[1969] 1 Lloyd's Rep 32

Charter-party - Arbitration clause - Dispute over short delivery between charterers and owners-Applicability of arbitration clause in charter-party-Bill of lading indorsed to charterers by shippers-Whether property in goods passed to charterers at loading and bill of lading was mere receipt. Bill of lading-Merger with charter-party- Applicability of charter-party and/or bill of lading terms. Sale of goods (f.o.b.)-Passing of property-Bill of lading indorsed by shippers/sellers to charterers/buyers-Whether property passed when loading completed or documents transferred.

CAMIS v. MATTHEW HALL MECHANICAL SERVICES, LTD.

[1969] 1 Lloyd's Rep 43

Negligence-Foreseeability of risk-Duty of care - Sprinkler system - Ship's plumber's slip when water showered from sprinkler head - Res ipsa loquitur - Liability of employers/manufacturers of sprinkler head.

AINSLEY DUNN & CO., LTD., AND IMPORTED BRANDS, INC. v. STEWART & SON OF DUNDEE, LTD.

[1969] 1 Lloyd's Rep 49

Practice-Evidence by deposition - Witnesses out of jurisdiction-Order for examination refused by Judge - Whether discretion exercised wrongly-R.S.C. Order 39, r. 1.

HAMILTON FINANCE COMPANY, LTD. v. COVERLEY WESTRAY WALBAUM & TOSETTI, LTD., AND PORTLAND FINANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep 53

Bill of exchange - Stamp - Claim on dishonoured bills-Whether bills were properly stamped - Alternative claim by plaintiff holders for money bad and received and/or breach of alleged implied warranty-Whether bills admissible in evidence for any purpose whatever - Whether transactions involving purchase of bills were moneylending - Alleged non-presentation on due dates and/or failure to give proper notice of dishonour- Meaning of "in the same place"-Stamp Act, 1891, Sects. 14 (4), 38 as amended by Finance Act, 1961, Sect. 33-Bills of Exchange Act, 1882, Sects. 45, 46 (2), 49 (5), (12). Stamp Act, 1891-Bills of exchange-Whether bills were properly stamped - Whether bills not properly stamped admissible in evidence for any purpose whatever-Stamp Act. 1891, Sects. 14 (4), 38-Finance Act, 1961, Sect. 33. Evidence-Admissibility-Bills of exchange not properly stamped-Whether bills admissible for collateral purpose. Contract - Quasi-contract - Money had and received - Bills of exchange not properly stamped - Whether total failure of consideration. Moneylenders Act, 1927-Purchasing of bills of exchange-Whether bills security for money lent. Company-Officer-Due notice of dishonour in respect of bills of exchange-Director of plaintiff company (holders) also secretary of defendant company (indorsers) - Whether due notice in one capacity sufficient in other capacity-Bills of Exchange Act, 1882, Sect. 49 (5).

KIRBY v. COSINDIT SOCIETA PER AZIONI

[1969] 1 Lloyd's Rep 75

Insurance - Policy - Notice of cancellation- "Extensions held covered at a premium to be arranged"-No agreement on "reasonable premium" - Liability of insured to pay reasonable amount on account-Whether insurer not bound to provide cover in event of non-payment - Whether notice of cancellation given by insurer reasonable.

ASTRA TRUST, LTD. v. ADAMS AND WILLIAMS

[1969] 1 Lloyd's Rep 81

Sale of ship-"Subject to a satisfactory survey" -Whether a concluded contract-Whether dissatisfaction by buyers entitled them to withdraw from contract. Contract-Breach-Arrangement for purchase of yacht "subject to a satisfactory survey" -Whether a concluded contract-Whether survey should be objectively or subjectively satisfactory.

E. J. WEBSTER, LTD. v. F. DICKSON TRANSPORT, LTD.

[1969] 1 Lloyd's Rep 89

Carriage of goods-Loss in transit-Theft of goods from carriers' premises-Liability of carriers-Whether carriers were common carriers and/or negligent-Alleged express term that loaded lorry would be left at plaintiffs' premises overnight-Road Haulage Association, Ltd.'s Conditions of Carriage.

WATTSON v. PORT OF LONDON AUTHORITY

[1969] 1 Lloyd's Rep 95

Negligence - Duty of care - Mobile crane moving in reverse-Lorry driver injured by crane-Liability of crane-driver's employers -Duty to provide look-out. Damages-Special damages-Loss of wages by wife looking after injured husband (plaintiff) -No legally binding contract by husband to repay wife-Whether recoverable as special damages in action by plaintiff against tortfeasor.

BROWN v. PORT OF LONDON AUTHORITY

[1969] 1 Lloyd's Rep 103

Negligence - Duty of care - Mobile crane loading timber onto lorry at dock-Injury to lorry driver-Liability of port authority.

MULLIS v. UNITED STATES LINES COMPANY

[1969] 1 Lloyd's Rep 109

Occupiers' Liability Act, 1957-Duty of care- Hold of vessel-Injury to dock worker when reel of cardboard moved under him and displaced suspended reel-Whether reels should have been chocked-Foreseeability of injury - Liability of shipowner - Whether shipowner entitled to rely on independent contractor - Sects. 2 (1), (2), (3) (b) and (4) (b). Docks Regulations, 1934-Unloading of cargo -Injury to dock worker - Whether shipowner under duty to comply with regulations -Regulation 41.

WILSON, WALTON INTERNATIONAL (OFFSHORE SERVICES), LTD. v. TEES AND HARTLEPOOLS PORT AUTHORITY AND OTHERS

[1969] 1 Lloyd's Rep 120

Port authority-Contract-Disposal of graving dock by port authority - Sale to lowest bidder-Whether proper exercise of discretion by authority-Whether contrary to the public policy-Tees and Hartlepools Port Authority Act, 1966, Sects. 12, 14 (3). Practice - Declaratory judgment - Extent of interest necessary to support claim for declaratory judgment-R.S.C., Order 15, r.16.

PRACTICE DIRECTION

[1969] 1 Lloyd's Rep 126

MALLETT v. McMONAGLE AND McMONAGLE

[1969] 1 Lloyd's Rep 127

Damages - Quantum - Assessment - Fatal Accidents Acts (Northern Ireland), 1846 to 1959-Award by Jury of £21,500-Whether amount exceeded what any reasonable Jury would award-Whether inflation should be taken into account in assessment.

N.V. BUREAU WIJSMULLER v. THE "TOJO MARU" (OWNERS)

[1969] 1 Lloyd's Rep 133

Limitation of liability-Salvage-Salved vessel damaged by negligence of salvors' diver working from salvors' tug-Claim by salvors to limit liability-Whether negligent act of diver an act "on board" or "in the management" of salvors' tug-Right of owner of salved vessel to set-off by way of counter-claim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958. Salvage - Award - Salved vessel damaged by negligence of salvors' employee-Diminished award by arbitrator-Whether owners entitled to counterclaim for damage to salved vessel -Claim by salvors to limit liability-Whether right of set-off between salvors' salvage claim and owners' counterclaim-Whether right to limit liability applicable only to balance of counterclaim. Equity - Set-off - Claim for salvage award - Salved vessel damaged by negligence of salvors' employee-Whether owners had right of set-off against salvors' claim- Whether salvors entitled to limit liability- Whether limitation of liability applied before or after set-off.

APPLETON v. CUNARD STEAM-SHIP COMPANY, LTD.

[1969] 1 Lloyd's Rep 150

Negligence-Duty of care-Injury to ship's passenger - Alleged slippery linoleum - Liability of shipowners.

COMMISSIONERS OF INLAND REVENUE v. KLEINWORT BENSON, LTD.

[1969] 1 Lloyd's Rep 152

Revenue-Income tax-Assessment-Tax advantage -Purchase by bank of debenture stock with arrears of interest accrued - Whether object of transaction to obtain a tax advantage-Finance Act, 1960, Sect. 28 (1) (2) (a), (b), Sect. 43 (4) (g)-Meaning of "fall in the value".

MAURICE FEDERATION v. STEWART (THE "WEST BAY III")

[1969] 1 Lloyd's Rep 158

Towage-Sinking of tow-Claim against master of towing vessel-Whether master was negligent -Salvage-Loss of salved vessel- Liability where error of judgment by gratuitous salvor.

CANADIAN GENERAL ELECTRIC COMPANY, LTD. v. THE "LAKE BOSOMTWE" AND PICKFORD & BLACK, LTD.

[1969] 1 Lloyd's Rep 164

Carriage by sea-Damage to cargo-Liability of stevedores-Applicability of res ipsa loquitur doctrine-Effect of certificate by port warden that stow was proper-Whether stevedores protected by exemption clause in bill of lading.

COMMISSIONERS OF INLAND REVENUE v. BARCLAY CURLE & CO., LTD.

[1969] 1 Lloyd's Rep 169

Revenue - Income tax - Initial allowances - Construction of dry dock-Capital expenditure incurred on preliminary excavations and concrete work-Whether expenditure was on provision of "plant" and qualified for capital allowance of 3/10ths-Income Tax Act, 1952, Part X, Chapter I, Sects. 265 and 276, and Chapter II, Sect. 279-Meaning of "plant" and "provision".

PARRY v. CLEAVER

[1969] 1 Lloyd's Rep 183

Damages - Assessment - Personal injuries - Disablement pension-Compulsory contributions - Injured police constable discharged from force with a disablement pension receivable as of right-Whether pension to be taken into account in assessment of damages for financial loss.

QUEENSLAND GOVERNMENT RAILWAYS AND ELECTRIC POWER TRANSMISSION PTY., LTD. v. MANUFACTURERS' MUTUAL INSURANCE, LTD.

[1969] 1 Lloyd's Rep 214

Insurance-Contractors All Risks Insurance- "Faulty design"-Damage by flood waters to piers of bridge under construction - Whether within exclusion of damage due to faulty design-Meaning of "faulty design". Arbitration-Award-Dispute under insurance policy-Whether reasons for award formed part of award - Whether reference to arbitrator of question of construction of policy rendered error in construction appearing on award unimpeachable by Court.

EDMEADES v. THAMES BOARD MILLS, LTD.

[1969] 1 Lloyd's Rep 221

Practice - Personal injury action - Medical reports-Diagnosis by plaintiff's doctor of complaint not raised in statement of claim- Refusal by plaintiff to undergo second examination by any of six specialists nominated by defendants-Whether action should be stayed.

NEWTON v. CAMMELL LAIRD & CO. (SHIPBUILDERS AND ENGINEERS), LTD.

[1969] 1 Lloyd's Rep 224

Limitation of action-Fatal injuries-Leave to bring action-Failure by deceased to obtain legal advice - Whether deceased had constructive knowledge of material facts before he died-Limitation Act, 1963, Sects. 1 (3), 7 (5).

INTRODUCTIONS, LTD. v. NATIONAL PROVINCIAL BANK, LTD.

[1969] 1 Lloyd's Rep 229

Company - Debentures - Money borrowed by company from bank on security of debentures- Company engaged on ultra vires activity-Validity of debentures.

FOWLER v. BRITISH RAILWAYS BOARD

[1969] 1 Lloyd's Rep 231

Negligence - Duty of care - Safe means of access-Ship's cook drowned while returning to ship late at night-Inferences to be drawn from primary facts-Liability of shipowners -Effect of M.o.T. notice stating that nets should be rigged "when desirable".

EXCELBY v. PHILPOTT AND PHILPOTT

[1969] 1 Lloyd's Rep 234

Practice-Writ-Extension of time-Personal injury action-Defendants out of jurisdiction for three years-Whether time should have been extended.

THE "ELEFTHERIA"

[1969] 1 Lloyd's Rep 237

Admiralty practice-Action in rem by cargo-owners -Foreign jurisdiction clause in bill of lading-Whether action should be stayed -Applicability of Greek law-Considerations affecting prima facie case for a stay. Contract-Foreign jurisdiction clause-Action by cargo-owners for alleged breach of contract contained in bills of lading - Whether action should be stayed. Bill of lading-Foreign jurisdiction clause- Cargo discharged at Rotterdam instead of Hull due to alleged labour troubles-Action in rem by cargo-owners for cost of on-carriage - Whether action should be stayed.

COMPAGNIE TUNISIENNE DE NAVIGATION S.A. v. COMPAGNIE D'ARMEMENT MARITIME S.A.

[1969] 1 Lloyd's Rep 247

Conflict of laws - Contract - Proper law - Tonnage agreement on English form of tanker voyage charter-party-Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London- Whether English law proper law of contract. Charter-party-Proper law-Tonnage agreement on English form of tanker voyage charter-party -Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London-Whether English law proper law of contract.

THE "PUTBUS"

[1969] 1 Lloyd's Rep 253

Admiralty practice - Release of security - Collision in Dutch waters-Limitation fund paid into Dutch Court-Arrest of sister ship in English port-Motion to release security given by arrested vessel-Whether potential claim for wreck-raising expenses by Dutch Government authority would be subject to limitation - Whether Dutch Court would treat English Court's decision as binding on Dutch Government authority-Discretion of Court-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958, Sect. 5.

DINEEN v. WALPOLE

[1969] 1 Lloyd's Rep 261

Arbitration - Award - Costs - Discretion of arbitrator - Successful claimant ordered to pay costs of arbitration-Whether prima facie misconduct by arbitrator.

ANGLO-AFRICAN MERCHANTS, LTD., AND EXMOUTH CLOTHING COMPANY, LTD. v. BAYLEY

[1969] 1 Lloyd's Rep 268

Insurance-All risks-Non-disclosure-Waiver - Army surplus jerkins (20 years old) described as "New Men's Clothes in Bales for Export" - Whether misrepresentation and/or non-disclosure of material facts- Meaning of "New"-Whether underwriters put on inquiry. Insurance-Broker-Whether agent for assured and/or underwriter-Claim for loss of goods avoided by underwriters on grounds of non-disclosure -Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to insured-Whether established practice would be upheld by Court. Agency-Insurance broker-Whether agent for assured and/or underwriters - Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to assured-Effect of custom in insurance market.

JASON v. BATTEN (1930), LTD.; JASON v. BRITISH TRADERS' INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep 281

Negligence-Motor accident-Wheel of van falling off 2700 miles after service by defendants-Liability of defendants-Onus of proof - Plaintiff suffering from coronary thrombosis six days after accident-Whether causal connection between thrombosis and accident. Insurance - Accident insurance - Disablement benefit-Insured suffering from coronary thrombosis six days after motor accident -Pre-existing arterial disease - Whether "bodily injury sustained in accident and exclusive of all other causes"-Meaning of "accident", "physical defect or infirmity". Damages-Personal injuries-Plaintiff suffering coronary thrombosis after motor accident- Pre-existing arterial disease - Effect on damages.

NISHINA TRADING COMPANY, LTD. v. CHIYODA FIRE AND MARINE INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep 293

Marine insurance-Sue and labour charges- Whether in respect of averting loss within policy-Meaning of "takings"; "theft"; and "persons acting maliciously". Cargo-owners deprived of possession of cargo -Whether as a result of "taking"; "theft"; or "persons acting maliciously".

EAST v. BEAVIS TRANSPORT, LTD.; SELLARS (FIRST THIRD PARTY); W. E. ANDERSON & CO., LTD. (SECOND THIRD PARTY)

[1969] 1 Lloyd's Rep 302

Master and servant-Course of employment- Plaintiff injured by lorry reversed by dock worker-Dock worker given permission to move lorry by lorry driver-Whether dock worker acting in course of employment- Liability of dock worker, lorry driver and respective employers - Whether plaintiff contributorily negligent.

TOMLIN v. STANDARD TELEPHONES AND CABLES, LTD.

[1969] 1 Lloyd's Rep 309

Contract-Offer and acceptance-"Without prejudice" - Negotiations on liability and quantum in personal injury action-"Agreement" on liability in letters marked "without prejudice"-No agreement on quantum- Whether legally binding agreement on liability between parties or merely step in negotiations-Admissibility of letters. Evidence - Admissibility - Personal injury action - Negotiations in correspondence headed "without prejudice" - Whether binding agreement on liability.

CHEESMAN v. FURNESS, WITHY & CO., LTD.

[1969] 1 Lloyd's Rep 315

Negligence - Unnecessary risk - Stevedore injured by case tipped over by stevedore employed by defendants - Liability of defendants. Damages - Personal injuries - Stevedore employed after accident as docker checker- No loss of earnings-Effect on damages.

BARKER v. ANDERS STOKKA

[1969] 1 Lloyd's Rep 319

Damages - Personal injuries - Concussion - Alleged change of personality - Whether effect of concussion. Docks Regulations, 1934-Hatch coverings- Personal injury sustained by dock worker- Alleged defective hatch covering - Liability of shipowner.

TAYLOR v. FURNESS, WITHY & CO., LTD.

[1969] 1 Lloyd's Rep 324

Dock Workers Employment Scheme, 1967- "Decasualization" - Refusal of defendant registered employer to employ plaintiff registered dock worker allocated to them under scheme by local dock labour board- Whether scheme created a contractual relationship or merely provided for allocation -Time of existence of contract-Whether scheme ultra vires Dock Workers (Regulation of Employment) Act, 1946-Dock Workers (Regulation of Employment) (Amendment) Order, 1967, Schedule 2.

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep 333

Sale of ship-Notice of rejection-"If any material defects shall have been found purchaser may give notice of rejection"- Whether existence of defects or their materially relevant and referable to arbitration.

HYAMS v. DOCKER

[1969] 1 Lloyd's Rep 341

Arbitration - Arbitration clause in agreement for sale of yacht - Allegation of material defects-Issue on construction of contract - Action for declaration that purchaser entitled to cancel - Whether proceedings should be stayed - Discretion of Court.

HUGH V. ALLEN & CO., LTD. v. A. HOLMES, LTD. SAME v. HOLMES

[1969] 1 Lloyd's Rep 348

Assessors-Payment for services-Reasonable amount.

THE "WORLD BEAUTY"

[1969] 1 Lloyd's Rep 350

Admiralty practice - Damages - Assessment - Detention of vessel following collision - Loss of profit - Mitigation of loss - Whether profits earned could not have been made but for collision - Whether excessive time spent in gas-freeing vessel - Whether plaintiffs failed to mitigate loss by chartering substitute vessel more timeously.

ATLANTIC MARITIME CARRIERS S.A. v. HELLENIC MUTUAL WAR RISKS ASSOCIATION, LTD. CAPETANDIAMANTIS COMPANIA MARITIMA S.A.; EASTERN SEAS TRANSPORT CORPORATION AND ORIENT SHIPPING CORPORATION v. SAME

[1969] 1 Lloyd's Rep 359

Marine insurance-War risks-P. & I. Club policies to pay reasonable expenses resulting from diversion of ship on voyage already commenced-Direction by Club that no vessel in Club should enter Suez Canal- Vessels commenced ballast voyage before direction and loaded voyage after direction -Whether vessels were "on a voyage already commenced" - Meaning of "voyage".

JOHN HOWARD & CO. (NORTHERN), LTD. v. J. P. KNIGHT, LTD.

[1969] 1 Lloyd's Rep 364

Sale of ship - Alleged breach of contract- "Subject to satisfactory running trials"- "Subject contract"-Whether binding agreement reached.

HEATH STEELE MINES, LTD. v. THE "ERWIN SCHRODER" (THE "ERWIN SCHRODER")

[1969] 1 Lloyd's Rep 370

Carriage by sea-Dangerous cargo-Concentrates -Deviation of vessel due to shifting of cargo-Whether cargo was of a dangerous character-Allegation that vessel was unseaworthy -Whether liability of charterers or owners-Effect of charter-party provision that carrier was responsible for cargo- Canadian Concentrates Code.

MATTHEWS AND OTHERS v. MACLAREN, JONES AND THE "OGOPOGO" HORSLEY AND OTHERS v. MACLAREN AND JONES

[1969] 1 Lloyd's Rep 374

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-Standard of conduct applicable to such duty-Whether wrong procedure adopted for rescue attempt -Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat owner's negligence-Volenti non fit injuria-Right of boat owner to limit liability.

ORIENT MID-EAST LINES, INC. v. CO-OPERATIVE FOR AMERICAN RELIEF EVERYWHERE, INC. ET AL. AND UNITED STATES OF AMERICA (THE "ORIENT MERCHANT"; THE "OLAU GORM")

[1969] 1 Lloyd's Rep 384

United States-Carriage by sea-Additional freight-Closure of St. Lawrence Seaway- Vessel locked in Great Lakes for winter- Liability of shipper for additional freight- Whether shipowner negligent in disregarding warnings by Seaway Authority to clear its ships from Seaway - Effect of exculpatory clauses in bill of lading.

GALLAHER, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1969] 1 Lloyd's Rep 389

Revenue - Import duty - Commonwealth preference - Withdrawal - Effect - Customs and Excise Act, 1952 - Import Duties Act, 1958-Meaning of "consigned".

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep 405

Practice-Appeal-Dispute over sale of yacht -Question of law-Whether time for appeal should be abridged - Discretion of Court -R.S.C., Order 3, r. 5 (1).

THOMPSON v. BRISTOL CHANNEL SHIP REPAIRERS AND ENGINEERS, LTD. HARRIS v. CARDIFF CHANNEL DRY DOCKS AND PONTOON COMPANY, LTD.

[1969] 1 Lloyd's Rep 407

Redundancy Payments Act, 1965 - Dry dock workers-Employment by other employers during periods when laid off - Whether "temporary cessation of work" - Contracts of Employment Act, 1963, Schedule 1, par. 5 (1) (b).

THE "MYRON" (OWNERS) v. TRADAX EXPORT S.A.

[1969] 1 Lloyd's Rep 411

Arbitration - Award - Motion to set aside or remit-Alleged misconduct by arbitrators- No formal oral hearing-Allegation by party that it was not informed of date of hearing or given opportunity to present its case or given notice to produce documents - Customary procedure of maritime arbitrations. Arbitration - Award - Interest on award - Power of arbitrators to award interest rate at a higher rate than on a judgment debt - Arbitration Act, 1950, Sect. 20 - Comments by Court.

ENCYCLOPAEDIA BRITANNICA, INC. v. THE "HONGKONG PRODUCER" AND UNIVERSAL MARINE CORPORATION

[1969] 1 Lloyd's Rep 421

United States - Bill of lading - Sea-water damage to cargo stowed on deck-Short form bill of lading not mentioning on-deck stowage - Terms of regular form incorporated into short form by reference- Whether carrier in breach of contract.

NORD-DEUTSCHE VERSICHERUNGS-GESELLSCHAFT, UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION, LTD., AND FISCHER BEARINGS MANUFACTURING, LTD. v. THE QUEEN. ROYAL NETHERLANDS STEAMSHIP COMPANY (THIRD PARTY) (THE "HERMES")

[1969] 1 Lloyd's Rep 425

Canada-Negligence-Collision in St. Lawrence River-Sheering of vessel due to bank suction - Displacement of leading lights - Whether navigation department were negligent -Whether sinking of vessel due to collision-Liability of Crown.

PRACTICE NOTE

[1969] 1 Lloyd's Rep 483

Administration of Justice Act, 1956.

(1) Form of writ where "sister" ship is arrested. (2) Affidavit to lead warrant-circumstances in which R.S.C., Order 75, r. 5 (8) applies.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 484

Orders for cross-examination of witnesses on affidavits.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 485

Chancery Division-Affidavit evidence.

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep 487

Sale of ship - Notice of rejection - "If any material defects shall have been found purchaser may give notice of rejection"- Whether existence of defects or their materiality relevant and referable to arbitration.

TRADAX EXPORT S.A. v. VOLKSWAGENWERK A.G.

[1969] 1 Lloyd's Rep 494

Charter-party-Centrocon Arbitration Clause- "All disputes from time to time arising out of this contract"-Arbitrator to be "appointed within three months of final discharge" -Arbitration clause incorporated "in this charter-party so far as applicable"-Whether Centrocon Clause applied to dispute under charter-party. Arbitration - Arbitrator - Appointment - Centrocon Arbitration Clause - Arbitrator to be "appointed within three mouths of final discharge" - Arbitrator nominated by charterers to owners - Nominated arbitrator informed by charterers after expiry of three months period - Meaning of "appointed". Charter-party - Construction - Deleted clause - Whether Court entitled to regard deleted clause.

FORNEY v. DOMINION INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep 502

Insurance - Solicitor's indemnity insurance - Liability limited to claims "arising out of same occurrence" - Meaning and effect - Whether liability in damages to former clients included liability in costs - Damages for wrongful repudiation.

WEST AND OTHERS v. RITCHIE AND OTHERS (THE "CONVALLARIA")

[1969] 1 Lloyd's Rep 511

Collision-Anchored vessel-Alleged failure to display anchor light-General practice in fishing anchorage-Look-out-Excessive speed.

CRELINSTEN FRUIT COMPANY v. THE "MORMACSAGA" (THE "MORMACSAGA")

[1969] 1 Lloyd's Rep 515

Carriage by sea-Damage to cargo-Delivery delayed by strike-Vessel ordered to strike-bound port by owners-Damage to cargo due to delay when vessel became strike-bound -Effect of exemption clause in bill of lading-Whether owners had exercised due care to protect and safely carry cargo - U.S. Carriage of Goods by Sea Act, 1936.

MUTUAL LIFE AND CITIZENS' ASSURANCE COMPANY, LTD. v. EVATT MUTUAL LIFE AND CITIZENS' ASSURANCE COMPANY, LTD., AND THE M.L.C., LTD. v. SAME

[1969] 1 Lloyd's Rep 535

Negligence-Duty of care-Gratuitous information and advice-Insurance company giving inquirer information and advice as to financial affairs of associated company-Whether duty of care owed to inquirer-Whether inquirer has cause of action.

LOMBARD AUSTRALIA, LTD. v. N.R.M.A. INSURANCE, LTD.

[1969] 1 Lloyd's Rep 575

Insurance - Motor insurance - Motor vehicle insured in names of hirer and owner-Vehicle damaged by deliberate act of hirer-Claim by owner in his own name-Whether damage was "accidental"-Whether policy was joint.

EHA v. THE "SAFARI QUEEN 2" (THE "SAFARI QUEEN 2")

[1969] 1 Lloyd's Rep 581

Salvage-Award-Burning vessel removed from vicinity of salved vessel-Quantum of award.

JUDICIAL DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 584

The following New Judicial Directions Nos. 11 and 12 (replacing the existing Directions Nos. 11 and 12) will apply to all appeals set down for hearing on or after Oct. 1, 1969.

JUDICIAL DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 586

Amendments to Judicial Direction 30.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 587

Appeals from justices under the Guardianship of Infants Acts-Application for leave to appeal out of time.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 588

Orders for taxation of costs on discharge or revocation of Civil Aid Certificates.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 588

Chancery procedure summonses and adjournment into Court of originating summonses.

Lloyd's Law Reports