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SCOTTISH UNION & NATIONAL INSURANCE COMPANY v. DAVIS

[1970] 1 Lloyd's Rep 1

Insurance-Subrogation-Damage to motor car-Garage paid by insurers-No satisfaction note signed by assured-Whether insurers entitled to sum recovered by assured from third parties.

LEVINE AND LEVINE v. MORRIS AND MINISTRY OF TRANSPORT

[1970] 1 Lloyd's Rep 7

Negligence-Road traffic-Car skidding off road into sign erected by Ministry of Transport-Whether duty owed by Ministry -Apportionment of liability between driver and Ministry-Road Traffic Act, 1960, sect. 52.

HARBUTT'S PLASTICINE LTD. v. WAYNE TANK & PUMP COMPANY LTD.

[1970] 1 Lloyd's Rep 15

Contract-Limitation clause-Destruction by fire of mill manufacturing plasticine- Installation of plastic pipe in tank storing stearine-Electrical heating tape wrapped round pipe-Current negligently left on by contractors' employee-Fundamental breach of contract-Whether contractors could plead clause limiting liability-Measure of damages-Award of interest-Effect of payment by insurers to owners of mill. Damages-Interest-Whether sums received by injured party from his insurers to be taken into account. Damages-Measure of damages-Destruction of building-Whether plaintiff entitled to cost of replacement.

SAN PEDRO COMPANIA ARMADORA S.A. v. HENRY NAVIGATION COMPANY LTD. AND PABLO COMPANIA MARITIMA DE DESARROLLO S.A. (THE "RANGER")

[1970] 1 Lloyd's Rep 32

Sale of ship-Vessel sold by plaintiffs to first defendants under contract requiring first defendants to pay deposit into joint account of plaintiffs' agents and first defendants - Subsequent sale of vessel by first defendants to second defendants- Deposit paid into joint account in names of plaintiffs' agents and second defendants- Second contract cancelled because of late delivery of vessel-First contract wrongfully repudiated by first defendants-Claim by plaintiffs for release of deposit-Whether second defendants were stakeholders of deposit. Agency-Formation-Deposit on sale of ship- Consent to use of name as joint account holder-Whether agent of depositor.

ANDREAS SOBONIS ET AL. v. THE "NATIONAL DEFENDER"; NATIONAL TRANSPORT CORPORATION ET AL. AND GRANEKSPORT PREDUZECE ZA IZVOZ I UVOZ ZITARICA (THE "NATIONAL DEFENDER")1

[1970] 1 Lloyd's Rep 40

United States-Salvage-Vessel on reef-Other vessel chartered by owners to unload cargo -Vessel refloated-Claim for salvage by crew of other vessel-Degree of danger to vessel-Voluntariness of service-Other vessel's crew performing routine work- Low salvage award-Whether agreement on remuneration by salvors outside U.S. territorial limits unenforceable-46 U.S. Code, sect. 600.

DOMESTIC INSURANCE COMPANY OF THE PHILIPPINES v. BARBER LINE ET AL.1

[1970] 1 Lloyd's Rep 49

Philippines-Carriage by sea-Goods lost in typhoon while on board lighter abandoned without motive power-Whether liability of shipowner and shipowner's agent excluded by terms of bill of lading-Liability of lighterman.

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 51

Chancery Division-Drawing-up of orders made on motion.

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 52

Chancery Division-Miscellaneous Directions.

PANCHAUD FRERES S.A. v. ETABLISSEMENTS GENERAL GRAIN COMPANY

[1970] 1 Lloyd's Rep 53

Sale of goods (c.i.f.)-Rejection-Late shipment -False date on bill of lading-Correct date on certificate of quality accompanying bill of lading-Buyers accepting shipping documents-Whether buyers precluded from raising issue of late shipment a considerable period later. Arbitration - Time bar - Buyers' claim for return of purchase price-Subsequent radical alteration of grounds for claim-Whether new arbitration proceedings required- Whether new ground time barred.

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

[1970] 1 Lloyd's Rep 62

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 months of final discharge" - Arbitrator nominated by charterers to owners - Nominated arbitrator informed by charterers after expiry of three-month period - Meaning of "appointed".

THE "ALMIZAR"

[1970] 1 Lloyd's Rep 67

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

THE "CALLIOPE"

[1970] 1 Lloyd's Rep 84

Collision - Subsequent groundings - Whether consequence of collision - Negligence in swinging vessel in narrow river to stem tide - Alleged novus actus interveniens - Whether Court entitled to sub-apportion liability-"Damage" and "loss"-Maritime Conventions Act, 1911, sect. 1. Damages - Remoteness - Novus actus interveniens - Consequential loss-Whether subsequent negligence necessarily breaks chain of causation - Inter-relationship between remoteness of damage and contributory negligence-"Last opportunity" rule-Law Reform (Contributory Negligence) Act, 1945, sect. 1.

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 104

Chancery Division-Guardianship of minors' estates.

THOMPSON v. BRISTOL CHANNEL SHIP REPAIRERS AND ENGINEERS LTD.

[1970] 1 Lloyd's Rep 105

Redundancy Payments Act, 1965 - Dry dock worker - 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).1

JEFFORD AND JEFFORD v. GEE

[1970] 1 Lloyd's Rep 107

Damages - Interest - Personal injury action - Principles to be applied by Court - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3; Administration of Justice Act, 1969, sect. 22.1

MAREDELANTO COMPANIA NAVIERA S.A. v. BERGBAU-HANDEL G.m.b.H. (THE "MIHALIS ANGELOS")

[1970] 1 Lloyd's Rep 118

Carriage by sea - Charter-party - Chartered vessel "expected ready to load 1st July 1965" - Cancellation of charter-party by charterers on July 17 owing to inability to obtain cargo - Cancellation accepted by shipowners - Impossibility of vessel reaching loading port by July 20 which was cancelling date - Whether clause "expected ready to load" was condition or warranty - Whether charterers justified in cancelling - Whether only nominal damages could be claimed. Damages - Contract - Anticipatory breach - Cancellation of charter due to inability to obtain cargo.

FARRELL v. FEDERATED EMPLOYERS' INSURANCE ASSOCIATION LTD.

[1970] 1 Lloyd's Rep 129

Third Parties (Rights against Insurers) Act, 1930 - Employers' liability insurance - Judgment against employer obtained by injured employee - Judgment unsatisfied -Claim by employee against employers' liability insurers-Whether employers/assured in breach of policy conditions - Effect of breach on third party employee's claim. Insurance-Breach of condition-Repudiation of liability - Whether insurer must be prejudiced - Whether waiver of right to rely on policy condition. Insurance - Proposal form - Incorporation in policy - Effect on policy condition.

BURNS v. EDMAN

[1970] 1 Lloyd's Rep 137

Damages - Fatal accident - Whether deceased supporting family by proceeds of criminal offences - Whether claim for damages maintainable under Law Reform (Miscellaneous Provisions) Act, 1934, and Fatal Accidents Acts, 1846 to 1959-"Ex turpi causa non oritur actio"-Assessment of damages for loss of expectation of life of criminal.

PHILIP HEAD & SONS LTD. v. SHOWFRONTS LTD.

[1970] 1 Lloyd's Rep 140

Sale of goods-Passing of property-Contract by sellers to lay carpet for buyers - Carpet stolen before being laid - Claim by sellers for price - Carpet not "unconditionally appropriated to the contract in a deliverable state" - Buyers not liable for price - Sale of Goods Act, 1893, sect. 18, rule 5 (1) and sect. 20.

NORTH AMERICAN STEEL PRODUCTS CORPORATION AND OTHERS v. THE "ANDROS MENTOR" AND OTHERS TITAN INDUSTRIAL CORPORATION (THIRD PARTY)1

[1970] 1 Lloyd's Rep 145

United States - Carriage by sea - Charter-party - Vessel under time charter-party sub-chartered under voyage charter-party - Steel loaded at Buenos Aires arrived at New York in rusty condition - Claim for damage by purchasers of steel and by voyage charterers against vessel, her owners and time charterers - Whether plaintiffs could rely on bill of lading or were bound by terms of voyage charter-party imposing liability for stowage on voyage charterers - Whether United States Carriage of Goods by Sea Act, 46 U.S. Code, sects. 1300 to 1315 applied- No proof that steel was in good condition when loaded - Defendants not liable.

THE "PANTANASSA"

[1970] 1 Lloyd's Rep 153

Salvage - Salved property - Freight at risk - Whether freight at risk of shipowners, cargo-owners or charterers - Lloyd's Standard Form of Salvage Agreement. Sale of goods (c. & f.) - Freight payable upon arrival of vessel - Goods insured for more than f.o.b. value - Bills of lading stamped "Freight payable at destination" - Whether consistent with c. & f. contract.

THE "HUDSON LIGHT"

[1970] 1 Lloyd's Rep 166

Salvage - Pilot - Vessel aground in River Thames - Tugs in attendance - Pilot called - Took charge of refloating operations-Assessment of award.

RAYON SAID INDUSTRIAS QUIMICAS S.A., CANADIAN INTERNATIONAL PAPER COMPANY, INTERNATIONAL PULP SALES COMPANY AND OTHERS v. WEST COAST LINES S.A., WEST COAST LINES INC., AND DAMPSKIBSSELSKABET NORDEN A/S (THE "NORDPOL")

[1970] 1 Lloyd's Rep 170

Canada - Practice - Writ - Service of notice of writ outside jurisdiction on foreign defendants - Alleged breach of contract of carriage of goods by sea - Cargo found damaged on arrival at destination - Discretion of Court - (Canadian) Rules in Admiralty, rr. 20 (b) and 26A.

GESELLSCHAFT FUR GETREIDEHANDEL AG., HUGO MATHES & SCHURR KG., HERMAN SCHRADER, E. KAMPFFMEYER, JURT A. BECHER, GETREIDE-IMPORT-GESELLSCHAFT m.b.H. v. THE "TEXAS" AND WILH. WILHELMSEN (DOING BUSINESS AS WILHELMSEN LINE-SWEDISH AMERICAN LINE) (THE "TEXAS")

[1970] 1 Lloyd's Rep 175

United States - Carriage by sea - Vessel allowed by owners' agents to sail with smoke in hold - Cargo damaged by fire - Whether owner could plead United States Fire Statute, 46 U.S. Code, sect. 182 - Fire caused by "design or neglect of owner" - Counterclaim by owner for general average contribution. United States - Carriage by sea - General average contribution - Party at fault not entitled to claim.

GULFSTREAM CARGO LTD. v. RELIANCE INSURANCE COMPANY (THE "PAPOOSE")

[1970] Lloyd's Rep. 178

United States - Marine insurance - Time policy - Total loss of vessel - Repudiation of liability by insurer - Non-disclosure of material facts - Waiver - Implied warranty of seaworthiness.

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

[1970] 1 Lloyd's Rep 185

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

HEINRICH C. HORN v. CIA DE NAVEGACION FRUCO S.A. AND J. R. ATKINS (TRADING AS ALABAMA FRUIT AND PRODUCE COMPANY) (THE "HEINZ HORN")

[1970] 1 Lloyd's Rep 191

United States - Carriage by sea - Time charter-party incorporating provisions of United States Carriage of Goods by Sea Act, 1936 - Claim by charterers for damage to bananas - Unseaworthiness of vessel - Insufficiency of crew - Fault in operation of refrigerating machinery - Claim by shipowners for payment of hire-"Deficiency of men".

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 205

Judicial fees.

MEMORANDUM

[1970] 1 Lloyd's Rep 206

Powers of the Chancery Masters.

PRACTICE NOTE

[1970] 1 Lloyd's Rep 208

Insurance of arrested property.

AUSTRALIAN COASTAL SHIPPING COMMISSION v. GREEN AND OTHERS

[1970] 1 Lloyd's Rep 209

General average - Expenses consequent upon general average act - Tug engaged on U.K. Standard Towage Conditions by vessel in peril - Towage contract a general average act-Liability under U.K. Standard Towage Conditions-Whether recoverable in general average - Whether "direct consequence" of general average act-York/Antwerp Rules, 1950, Rules A and C.1

TRANSMOTORS LTD. v. ROBERTSON, BUCKLEY & CO. LTD.

[1970] 1 Lloyd's Rep 224

Carriage of goods - Loss in transit - Theft of goods - Carriers' lorry "hijacked" - Driver had previous convictions for theft unknown to carriers - Onus of proof on carriers to show that they had used all reasonable care - Whether carriers liable at common law - Whether conditions in customers' confirmation note or carriers' invoice applicable. Carriage of goods - Pleadings - Practice - Allegations of theft of goods in transit - Notice should be given to defendants in reply to avoid unfairness.

GUNTER HENCK v. ANDRE & CIE. S.A.

[1970] 1 Lloyd's Rep 235

Arbitration - Award - Motion to set aside or remit - Alleged misconduct and/or error of law on face of award - Umpire's decision varied by appeal court of London Corn Trade Association Ltd. on ground not before umpire - Whether award beyond jurisdiction of appeal court - Whether appeal court should have asked for arguments on both sides.

MARIFORTUNA NAVIERA S.A. v. GOVERNMENT OF CEYLON

[1970] 1 Lloyd's Rep 247

Charter-party - Demurrage - Alleged set-off or counterclaim - Delay due to collision caused by vessel's negligent navigation - Whether owners protected by charter-party clause which incorporated Hague Rules - Meaning of "Paramount" - Specialibus generalia non derogant.

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

[1970] 1 Lloyd's Rep 257

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".

JAMES MILLER & PARTNERS LTD. v. WHITWORTH STREET ESTATES (MANCHESTER) LTD.

[1970] 1 Lloyd's Rep 269

Arbitration - Arbitrator - Jurisdiction - Agreement on English form of R.I.B.A. contract between English company and Scottish contractors for work in Scotland- Dispute referred to arbitration-Whether English law or Scottish law proper law of contract-Whether arbitration governed by Scottish law-Effect of "submission to arbitration within the meaning of Arbitration Act, 1950." Conflict of laws - Contract - Proper law - Agreement on English form of R.I.B.A. contract between English company and Scottish contractors for work in Scotland-Dispute referred to arbitration in Scotland-Whether English law or Scottish law proper law of contract. Contract - Construction - Whether permissible to regard actions of parties after contract made.

J. C. CARRAS & SONS (SHIPBROKERS) LTD. v. PRESIDENT OF INDIA (THE "ARGOBEAM")

[1970] 1 Lloyd's Rep 282

Charter-party-Breach-Selection of lightening port and discharge port-"Vessel to be left in seaworthy trim to shift between ports"- Bulk grain cargo-Bagging of cargo necessary to make vessel seaworthy after discharge at lightening port-Whether laytime continued to count during time spent in bagging-Liability of charterer for shifting of vessel to buoys during bagging.

WOODHOUSE A.C. ISRAEL COCOA LTD. S.A. AND A.C. ISRAEL COCOA INC. v. NIGERIAN PRODUCE MARKETING COMPANY LTD.

[1970] 1 Lloyd's Rep 295

Sale of goods-Devaluation-Sale of cocoa by Nigerian suppliers to London traders- Payment to be made in Nigerian £-Offer by sellers to accept "payment in pounds sterling" accepted by buyers-Devaluation of £ sterling -Whether loss borne by sellers or buyers- Whether sellers estopped on correspondence. Estoppel - Correspondence - Principles to be applied by Court.

OSMAN v. J. RALPH MOSS LTD.

[1970] 1 Lloyd's Rep 313

Principal and agent - Insurance brokers - Insured recommended by brokers to insure with motor insurance company known to be in financial difficulties - 60-day cover note issued - Company insolvent - Letter from brokers stating that insured was effectively insured - Insured involved in accident - Insured fined for driving while uninsured, and held civilly liable to third party - Claim against brokers for damages for breach of contract or negligence - Remoteness of damages. Damages - Remoteness - Insurance brokers' breach of duty to inform client that he was uninsured - Liability of broker in respect of client's fines and costs in criminal proceedings and liability to third party. Insurance (Motor) - Liability of brokers for recommending insured to insure with company known to be in financial difficulties.

VANDYKE v. FENDER AND REDDINGTON FOUNDRIES LTD.; SUN INSURANCE OFFICE LTD. (THIRD PARTY)

[1970] 1 Lloyd's Rep 320

Insurance (Motor) - Policy - Liability in respect of passenger carried "by reason of contract of employment" - Insured driving car not belonging to him and carrying fellow-employee as passenger under arrangement with employers - Insurers in liquidation - Liability of Motor Insurers' Bureau. Insurance - Employers' liability - Injury to employee while passenger in car lent by employers to fellow-employee - Arrangement with employers that fellow-employee when using car should take employee to work - Meaning of "arising out of and in the course of his employment" - Liability of employers - Whether indemnity under employers' liability policy. Principal and agent - Negligence - Car provided by employer for employees to use to and from employment - Whether borrower lender's agent - Liability of lender for borrower's negligence.

BRITISH TRANSPORT DOCKS BOARD v. WILLIAMS

[1970] 1 Lloyd's Rep 332

Dock - Crane - Movable crane - Painter injured when falling from defective platform - Whether painting crane "work of engineering construction" - Whether crane a "structure" - Factories Act, 1961, sect. 17 (1), as extended by Engineering Construction (Extension of Definition) Regulations, 1960, regulation 3 - Construction (Working Places) Regulations, 1966, regulation 2.

AQUASCUTUM OF LONDON INC.ET AL. v. THE "AMERICAN CHAMPION" AND OTHERS1

[1970] 1 Lloyd's Rep 338

United States - Forwarding agents - Alleged short delivery - Claim by cargo-owners against English forwarding agents - Whether process properly served on agents - Jurisdiction of Court - Whether agents transacting business in New York in person or by agent - New York CPLR, sect. 302 (a) (1); Fed.R.C.P., rule 4 (d) (3).

AMERICAN EXPORT-ISBRANDTSEN LINES INC. AND OTHERS v. FEDERAL MARITIME COMMISSION AND UNITED STATES OF AMERICA1

[1970] 1 Lloyd's Rep 343

United States - Carriage by sea - Freight conference rates - Carriers ordered by Federal Maritime Commission (1) to cancel rates as being unreasonably high and detrimental to commerce; and (2) to submit new rates and justify them on basis of "cost, value of service, or other transportation conditions" - Petition by carriers that Commission was acting ultra vires Shipping Act, 1916, sect. 18 (b) (5) (46 U.S. Code, sect. 817 (b) (5)).

COMPANIA PROSPERO S.A. v. OLD DOMINION STEVEDORING CORPORATION (THE "YIANNIS")1

[1970] 1 Lloyd's Rep 346

United States - Carriage by sea - Sea water entering chartered vessel's hold through hole in her double bottom tank and flooding hold - Allegation by shipowners that loss caused by fracture of sounding tube by negligence of stevedores - Whether stevedores could rely on clause in charter-party stating "Master to notify stevedores of damages . . . within twenty-four hours after the occurrence" - Unseaworthiness of vessel established - Stevedores not liable.

MAGNA MERCANTILE COMPANY INC. v. GREAT AMERICAN INSURANCE COMPANY1

[1970] 1 Lloyd's Rep 350

United States - Marine insurance - Policy stating action against insurers barred after one year from loss of goods - Action brought after end of limitation period - Whether insurers estopped from pleading limitation clause.

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 354

THE "ANNELIESE"

[1970] 1 Lloyd's Rep 355

Collision - Look-out - Excessive speed - Alteration of course-Alleged failure to make proper use of radar-Collision in English Channel in deteriorating visibility-Whether insubstantial alterations of course causative of collision-Collision Regulations, 1960, rules 15, 16, 18, 19, 22, 23, 27, 29 and annex. Collision-Both vessels admittedly at fault- Apportionment of blame - Meaning of Maritime Conventions Act, 1911, sect. 1.

GEIER (FORMERLY BRAUN) v. KUJAWA, WESTON AND WARNE BROS. (TRANSPORT) LTD. WESTON (THIRD PARTY) WARNE BROS. (TRANSPORT) LTD. (THIRD PARTIES)

[1970] 1 Lloyd's Rep 364

Negligence-Injury to passenger in car- Negligence of driver-Whether passenger contributorily negligent in not wearing safety belt-Effect of notice in car providing that passengers rode at their own risk-Volenti non fit injuria.

B.G. TRANSPORT SERVICE LTD. v. MARSTON MOTOR COMPANY LTD.

[1970] 1 Lloyd's Rep 371

Licence-Car park-Van taken from car park- Load stolen-Liability of car-park proprietors -Whether licence or bailment-Effect of exemption conditions-Whether proprietors in fundamental breach by releasing van without ticket.

SAUNDERS v. FORD MOTOR COMPANY LTD.

[1970] 1 Lloyd's Rep 379

Contract-Compromise-Personal injury claim -Agreement to accept sum in settlement "of all claims, whether now or hereafter to become manifest, arising directly or indirectly, from an accident" - Whether plaintiff's claim compromised.

A. P. SALMON CONTRACTORS LTD. v. MONKSFIELD

[1970] 1 Lloyd's Rep 387

Insurance (Motor)-Falling of load from lorry -Injury to pedestrian-Whether "spreading of material . . . from the insured vehicle or load"-Whether vehicle "driven or used in an unsafe condition"-Liability of insurers.

NICHOLSON v. FREMANTLE PORT AUTHORITY

[1970] 1 Lloyd's Rep 391

Australia-Pollution-Pollution of waters by oil from ship-Whether "leakage" of oil from ship amounts to "discharge" of oil-Master's liability for not keeping proper watch during bunkering-Prevention of Pollution of Waters by Oil Act, 1960 (Western Australia), sects 5, 6 (1) (b).

SIR ROBERT McALPINE & SONS LTD. v. MINIMAX LTD. SAME v. SAME

[1970] 1 Lloyd's Rep 397

Sale of goods - Merchantable quality - Fitness for purpose - Alleged defective safety valve on fire extinguishers - Explosion of extinguishers allegedly causing fire to get out of control - Whether subsequent damage too remote - Liability of suppliers of extinguisher - Sale of Goods Act, 1893, sect. 14. Negligence - Duty of care - Alleged defective safety valve on fire extinguishers - Explosion of extinguishers allegedly causing fire to get out of control - Whether sellers exercised reasonable care in all the circumstances - Whether subsequent damage too remote. Detinue - Exhibits in action - Plaintiffs' exhibits allegedly detained and/or converted by defendants - Whether defendants obtained unfair advantage in action - Whether plaintiffs entitled to damages (including exemplary damages) and delivery of reports on exhibits - Assessment of damages - R.S.C., Order 37. Negligence - Remoteness of damage - Alleged defective safety valve on fire extinguishers - Explosion of extinguishers allegedly putting fire out of control - Whether subsequent damage too remote.

RICHMOND METAL COMPANY LTD. v. J. COALES & SON LTD.

[1970] 1 Lloyd's Rep 423

Carriage of goods - Hijacked lorry - Driver with previous conviction for theft unknown to employer carriers - References described driver as "trustworthy" - Driver's evidence as to hijacking uncorroborated - Failure to immobilize lorry - Liability of carriers - Whether haulage subject to R.H.A Conditions of Carriage, 1961, clause 5.

OLYMPIC TOWING CORPORATION v. NEBEL TOWING COMPANY INC. AND UNITED STATES CASUALTY COMPANY (THE "G-H")1

[1970] 1 Lloyd's Rep 430

United States - Limitation of liability - Plaintiff's vessel damaged when forced by defendant's vessel to leave channel to avoid collision - Casualty occurring without defendant's "privity or knowledge" - United States Limitation of Liability Act, 1964 (46 U.S. Code, sects. 183 (a), 186). United States - Marine insurance - Louisiana Direct Action Statute (La. R.S. 22, sect. 655 (Supp. 1964)) - Applicability to marine insurance policies - Direct action not precluded by words of policy - Insurer not entitled to plead assured's right to limit liability for casualty.

AQUASCUTUM OF LONDON INC. AND RODEX OF LONDON LTD. v. THE "AMERICAN CHAMPION", UNITED STATES LINES INC. AND W. WINGATE & JOHNSTON LTD. METASCO INC. v. THE "AMERICAN CHIEFTAIN", UNITED STATES LINES INC. AND W. WINGATE & JOHNSTON LTD. METASCO INC. v. THE "RUBENS", COMPAGNIE MARITIME BELGE (LLOYD ROYAL) S.A., AGENCY MARITIME INTERNATIONAL S.C., BELGIAN LINES INC. AND N.V. AREMENT DEPPE S.A. INC. AND W. WINGATE & JOHNSTON LTD.

[1970] 1 Lloyd's Rep 448

United States - Forwarding agents - Claim by owners of cargo alleging short delivery - Whether process properly served on agents - Jurisdiction of Court - Solicitation-plus rule - Whether agents transacting business in New York in person or by agent - New York CPLR, sects. 301, 302 (a) (1) - Federal Rules Civil Procedure 4 (d) (3).

HOME OFFICE v. DORSET YACHT COMPANY LTD.

[1970] 1 Lloyd's Rep 453

Negligence-Dub of care-Damage to yacht by escaping Borstal trainees-Whether Home Office or Borstal officers owed duty of care to yacht-owners-Scheme setting up Borstal institutions to secure reformation of young offenders-Discretion in supervision of Borstal trainees-Whether public policy requires immunity-Remoteness of damage.

DONOVAN v. INVICTA AIRWAYS LTD.

[1970] 1 Lloyd's Rep 486

Master and servant - Contract of service- Repudiation-Claim by civil aviation pilot- Allegation that employers were in fundamental breach of contract.

BOWATERS UNITED KINGDOM PAPER COMPANY LTD. v. NATIONAL DOCK LABOUR BOARD

[1970] 1 Lloyd's Rep 492

Dock-Dock work-Work at riverside wharf carried out by waterside manufacturers- Whether work that of master stevedore within exemption (f) of Port Transport Work Scheme -Whether "dock work" within Docks and Harbours Act, 1966, sect. 58.

HAMER v. IRWIN

[1970] 1 Lloyd's Rep 496

Harbour-Local by-law-Vessel with no engine and wheel-house towed into harbour-Request by harbour-master to owner to remove vessel refused-Construction of "laid by or neglected as unfit for sea service"-Whether one or two offtences-Whether contravention of Ilfracombe Harbour By-laws, (by-law 8)- Harbours, Docks, and Piers Clauses Act, 1847, sect. 57.

FREBOLD AND STURZNICKEL (TRADING AS PANDA O.H.G.) v. CIRCLE PRODUCTS LTD. CIRCLE PRODUCTS LTD. v. FREBOLD AND STURZNICKEL (TRADING AS PANDA O.H.G.) AND SCHENKERS LTD.

[1970] 1 Lloyd's Rep 499

Sale of goods (f.o.b.) - Delivery - Fixed time for delivery - Whether delivery of goods to carrier was delivery to buyers - Buyers not advised of arrival of goods at freight terminal - Whether buyers entitled to cancel order - Effect of instruction by sellers to shipping agents to secure payment before handing over goods.

ALBERT v. MOTOR INSURERS' BUREAU

[1970] 1 Lloyd's Rep 506

Motor Insurers' Bureau-Passenger-Driver liable for death of passenger-Judgment against driver unsatisfied-Whether passenger carried "for hire or reward"-Whether required to be insured-Liability of bureau -Road Traffic Act, 1960, sect. 203 (4).

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

[1970] 1 Lloyd's Rep 509

"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.

GRAVES v. WHITBY URBAN DISTRICT COUNCIL

[1970] 1 Lloyd's Rep 517

Master and servant - Wrongful dismissal - Harbour-master - Chief officer of department - Whether deprived of right of appeal - Scheme of Conditions of Service of the National Joint Council for Local Authorities' Administrative, Professional, Technical and Clerical Services.

CITY GENERAL INSURANCE COMPANY LTD. v. ROBERT BRADFORD & CO. LTD. CITY GENERAL INSURANCE COMPANY LTD. v. ROBERT BRADFORD (OVERSEAS) LTD. AND ROBERT BRADFORD & CO. LTD. NATIONAL INSURANCE AND GUARANTEE CORPORATION LTD. v. ROBERT BRADFORD & CO. LTD. AND ROBERT BRADFORD (OVERSEAS) LTD.

[1970] 1 Lloyd's Rep 520

Practice - Action - Dismissal for want of prosecution - Complex proceedings between reinsurers and insurance brokers - Whether inexcusable delay - Whether defendants seriously prejudiced.

TERRY v. TRAFALGAR INSURANCE COMPANY LTD.

[1970] 1 Lloyd's Rep 524

Insurance (Motor) - Policy condition - "No liability shall be admitted . . . to Third Parties"-Verbal and written admission of liability by assured on day of accident- Whether policy condition contrary to public policy-Whether insurers prejudiced.

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

[1970] 1 Lloyd's Rep 527

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).

PRACTICE DIRECTION

[1970] 1 Lloyd's Rep 537

Summary proceedings for possession of land. Order 113.

Lloyd's Law Reports