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THE "ANNEFIELD"

[1971] 1 Lloyd's Rep 1

Bill of lading - Arbitration clause in charter-party - "All disputes . . . arising out of this contract"-Whether incorporated into bills of lading issued under charter-party - Whether action in rem should be stayed - Discretion of Court - Whether action time barred - Arbitration Act, 1950, sect. 4.

EMPRESA CUBANA DE FLETES v. LAGONISI SHIPPING COMPANY LTD. (THE "GEORGIOS C.")

[1971] 1 Lloyd's Rep 7

Charter-party - Withdrawal of vessel "in default of payment" of hire - Hire overdue but tendered before notice of withdrawal communicated to charterers - Whether shipowners still had right to withdraw-Effect of banker's payment slip-Baltime 1939 form. Commercial Court - Speedy procedure-Service to commercial community.

AUSTRALIAN COASTAL SHIPPING COMMISSION v. GREEN AND OTHERS

[1971] 1 Lloyd's Rep 16

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

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

[1971] 1 Lloyd's Rep 25

Estoppel - Correspondence - Principles to be applied by Court. Arbitration - Construction of document by umpire - Whether binding on Court. 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.

THE "MOSCHANTHY"

[1971] 1 Lloyd's Rep 37

Admiralty practice - Action in rem - Motion to set aside or stay - Action in contract and in detinue claiming damages for detention of cargo - Claim for delivery of goods pending in Lebanese Courts - Whether English Court had jurisdiction - Whether cargo action in rem vexatious - Alleged excessive security- Principles to be applied in assessing plaintiff's security in action in rem.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 48

Chancery Division - Court and Chambers procedure - Consent orders staying proceedings.

"MONTE ULIA" (OWNERS) v. THE "BANCO" AND OTHER VESSELS (OWNERS) (THE "BANCO")

[1971] 1 Lloyd's Rep 49

Admiralty practice-Action in rem-Arrest of vessel - Whether plaintiff entitled only to arrest either vessel concerned with claim or any one other vessel in same ownership- Administration of Justice Act, 1956, sect. 3 (4)1 - Practice of naming sister ships in writ in rem considered - Brussels Convention, 1952. Statute-Construction-Statute passed to enact matters agreed at prior convention-Whether Court entitled to look at convention as aid to construction of statute.

THE "DARESSA"

[1971] 1 Lloyd's Rep 60

Damages - Collision - Loss of use - Loss of United States Government operating subsidy -Whether too remote - Whether foresight of master or owners of wrong-doing vessel relevant. Evidence - Foreseeability - Whether evidence required for decision.

SHIPPING DEVELOPMENTS CORPORATION S.A. v. V/O SOJUZNEFTEXPORT (THE "DELIAN SPIRIT")

[1971] 1 Lloyd's Rep 64

Charter-party - Charterers' duty to nominate "place reachable on vessel's arrival" - Vessel anchored in roads outside Tuapse - Delay in entering port - Whether charterers liable for delay - Whether vessel was an "arrived ship".

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

[1971] 1 Lloyd's Rep 70

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

LONDON BOROUGH OF BROMLEY v. ELLIS A. LUFF & SON (THIRD PARTIES)

[1971] 1 Lloyd's Rep 97

Insurance brokers - Duty of care - Brokers requested by purchaser of car to transfer insurance to him - Brokers' delay in forwarding proposal form and failure to advise purchaser that he was uninsured - Purchaser involved in motor accident while uninsured - Liability of brokers.

LIMB & CO. (STEVEDORES) v. BRITISH TRANSPORT DOCKS BOARD

[1971] 1 Lloyd's Rep 99

Dock work - Application for licence to employ dock workers - Application by partnership firm before their operating as a company - Grant of licence subject to conditions to the "company" - Grant to "company" an error, but firm informed licence valid until reissued to company - Claim by firm for compensation for losses incurred on account of conditions attached to licence - Whether licence "refused" - Whether firm estopped by reason of their acquiescence in the issue of licence to the "company" and failure to apply for its rectification - Docks and Harbours Act, 1966, sect. 13 (1). Arbitration - Costs - Reference under Arbitration Act, 1950, sect. 21 (1) (a) - Power of Court to award costs.

BLUNDELL v. RIMMER

[1971] 1 Lloyd's Rep 110

Practice - Interlocutory judgment - Personal injury action - Payment into Court by defendant - Admission of liability with denial of damages-Whether plaintiff entitled to interlocutory judgment under R.S.C., Order 27, r. 3 - Whether Court has discretion - Practice on appeals from District Registrar.

LUMSDEN & CO. v. LONDON TRUSTEE SAVINGS BANK

[1971] 1 Lloyd's Rep 114

Banking - Cheques drawn by stockbrokers in favour of "Brown" - Payment of cheque by fraudulent employee into own account in fictitious name of "Brown" - Bank sued for conversion of cheques - Whether bank negligent in opening of account - Whether bank could plead contributory negligence on part of drawers - Cheques Act, 1957, sect. 4 (1) - Law Reform (Contributory Negligence) Act, 1945.

ZAPATA OFF-SHORE COMPANY v. THE "BREMEN" AND UNTERWESER REEDEREI G. M.B.H.1 (THE "CHAPARRAL")

[1971] 1 Lloyd's Rep 122

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

MONKSFIELD v. VEHICLE AND GENERAL INSURANCE COMPANY LTD.

[1971] 1 Lloyd's Rep 139

Insurance (Motor) - Double insurance - Contribution - Driver of car covered under own insurance and car-owner's insurance - Third-party claim - Settlement by driver's insurers - Whether car-owner's insurers liable to contribute - Effect of breach of condition in car-owner's policy.

FISONS FERTILIZERS LTD. AND FISONS LTD. v. THOMAS WATSON (SHIPPING) LTD.

[1971] 1 Lloyd's Rep 141

Carriage by sea-Sea-water damage to phosphate -Defective valve in hold suction line- Whether vessel unseaworthy - Whether shipowners exercised due diligence-Hague Rules, art. 4 (2) (a), (p), (q)1.

MEDWAY DRYDOCK & ENGINEERING COMPANY LTD. v. THE "ANDREA URSULA" (OWNERS) (THE "ANDREA URSULA")

[1971] 1 Lloyd's Rep 145

Admiralty practice - Action in rem - Repairs carried out to ship at request of demise charterers - Whether ship-repairers could claim in rem for cost of repairs - Whether ship "beneficially owned as respects all the shares therein" by demise charterers - Administration of Justice Act, 1956, sects. 1 (1) (n), 3 (2), (4).

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

[1971] 1 Lloyd's Rep 151

Shipbuilding and Ship-repairing Regulations, 1960 - Safe means of access - Protection of openings - Ship's painter falling into hold through inadequately guarded hatch - Whether employers and/or shipowners liable - Meaning of "fencing" - Regulations 4, 6, 26. Damages - Personal injuries - Assessment - Arthritis and casual nature of occupation to be considered.

BISHOP v. J. S. STARNES & SONS LTD. AND MACANDREWS & CO. LTD. MACANDREWS & CO. LTD. (THIRD PARTY) MARITIME RIGGING AND SCALING COMPANY LTD. (FOURTH PARTY)

[1971] 1 Lloyd's Rep 162

Negligence - Duty of care - Fitter gassed in forepeak tank of ship where contractors had run a petrol pump - Liability of employers, shipowners and contractors - Applicability of Shipbuilding and Ship-repairing Regulations, 1960, regulations 48, 50, 51 and 531 - Occupiers' Liability Act, 1957, sect. 22 - Whether plaintiff contributorily negligent.

CHARLES GOODFELLOW LUMBER SALES LTD. v. VERREAULT, HOVINGTON AND VERREAULT NAVIGATION INC.

[1971] 1 Lloyd's Rep 185

Canada-Carriage by sea-Loss of and damage to deck cargo (timber)-Whether vessel seaworthy-Stowage of cargo-Meaning of "perils of the sea"-Whether due diligence proven - Vessel's master not properly certificated - Liability of shipowner, master and/or charterer - Whether claim against charterer time-barred - Canadian Water Carriage of Goods Act, 1952, R.S.C., cap. 291, schedule, art. IV (2) (c), art. III (6).

THE "EVDELOS"

[1971] 1 Lloyd's Rep 195

Admiralty practice - Injunction - Claim by cargo-owners for interim injunction against discharge at ports other than specified in bills of lading - Injunction granted by Brandon, J., on terms.

LAUNCHBURY AND OTHERS v. MORGANS AND OTHERS

[1971] 1 Lloyd's Rep 197

Negligence-Vicarious liability-Husband given general authority by wife to use her car- Further authority to get friend to drive him home if unfit himself-Car driven by friend involved in accident - Whether friend "servant" or "agent" of wife-Whether wife liable to injured passengers.

LODZA COMPANIA DE NAVIGACIONE S.A. v. GOVERNMENT OF CEYLON (THE "THERAIOS")

[1971] 1 Lloyd's Rep 209

Charter-party - Dispatch money - Calculation of lay-days - Five cargo hatches - Meaning of "120 metric tons per hatch".

IONIAN NAVIGATION COMPANY INC. v. ATLANTIC SHIPPING COMPANY S.A. (THE "LOUCAS N.")

[1971] 1 Lloyd's Rep 215

Charter-party - Time lost -"Gencon" form - "Centrocon" strike clause incorporated - Strike-bound port - Whether time lost by vessel in waiting for berth - Whether "time lost" provisions independent of "laytime" provisions in charter-party.

"BOSTONIAN" (OWNERS, MASTER AND CREW) AND PATTERSON v. THE "GREGERSO" (OWNERS) (THE "GREGERSO")

[1971] 1 Lloyd's Rep 220

Salvage - Voluntariness - Grounding of vessel, causing obstruction to port - Vessel removed by port authority - Port authority under statutory duty to remove obstruction - Whether port authority or employees entitled to salvage award - Whether ultra vires authority to enter into Lloyd's Standard Form of Salvage Agreement.

"BANKSTONE" (OWNERS, MASTER AND CREW) v. THE "BLUEBIRD" (THE "BLUEBIRD")

[1971] 1 Lloyd's Rep 229

Salvage - Award - Assessment - Services rendered to vessel disabled in North Sea in severe weather conditions - Vessel in danger of foundering with loss of life - Whole of saving of vessel not accomplished by plaintiff salvors - Value of salved vessel £550 - Award by Brandon, J., of £400.

KENYON SON & CRAVEN LTD. v. BAXTER, HOARE & CO. LTD. AND BARNES WAREHOUSES LTD.

[1971] 1 Lloyd's Rep 232

Contract - Bailment - Ground-nuts - Damage to ground-nuts by rat infestation while in warehouse of bailee - Whether wilful neglect or default by bailee - Whether bailee's "Conditions of Business" protected bailee from liability - Whether fundamental breach.

PRACTICE NOTE

[1971] 1 LLOYD'S LAW REPORTS 244

Trinity Masters', Nautical and other Assessors' scale of fees.

PRACTICE NOTE

[1971] 1 LLOYD'S LAW REPORTS 244

Nautical and other Assessors' scale of fees for assisting the Court of Appeal.

ASHINGTON PIGGERIES LTD. AND FUR FARM SUPPLIES LTD. v. CHRISTOPHER HILL LTD. CHRISTOPHER HILL LTD. v. NORSILDMEL

[1971] 1 Lloyd's Rep 245

Sale of goods - Description - Fitness for purpose - Merchantable quality - Mink food mixed by compounders for customers to agreed formula - Food toxic to mink due to inclusion of Norwegian herring meal - Liability of compounders to customers - Whether goods corresponded with contract description - Whether customer relied on skill or judgment of compounders - Liability of Norwegian sellers of meal to compounders - Applicability of defects clause - Whether "quality" in description clause excluded an ingredient which could not be detected at time of delivery - Remoteness of damage - Meaning of "Guaranteed for consumption in U.K." - Sale of Goods Act, 1893, sects. 13, 14 (1) and (2)1 - Meaning of "description", "particular purpose".

THE SELSEY LIFEBOAT "CHARLES HENRY" (COXSWAIN AND CREW) v. "GEERTJE K" (OWNERS, CARGO AND FREIGHT) AND KROMMINGA (THE "GEERTJE K")

[1971] 1 Lloyd's Rep 285

Salvage - Award - Assessment - Vessel stranded - Remote risk of total loss - Clear risk of bottom damage - Services by lifeboatmen involving no great skill or unusual difficulty or danger - Application of local knowledge - Salved value of vessel £42,000 - Award by Brandon, J., of £1000.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 288

Addition to Direction no. 12 (i).

THORNTON v. SHOE LANE PARKING LTD.

[1971] 1 Lloyd's Rep 289

Contract - Exemption condition - Ticket issued by automatic machine in car park - Ticket subject to "conditions of issue as displayed on the premises" - Condition exempting proprietors from liability for personal injury - Whether incorporated in contract.

EAGLE STAR INSURANCE COMPANY LTD. v. SPRATT

[1971] 1 Lloyd's Rep 295

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

CARAPANAYOTI & CO. LTD. v. COMPTOIR COMMERCIAL ANDRE & CIE. S.A.

[1971] 1 Lloyd's Rep 327

Sale of goods (c.i.f.) - Goods to be shipped February/March, 1968 - Buyers to nominate port of discharge "not later than 21 days before commencement of shipment period" - Port nominated on 21st day - Whether nomination in time - Seed, Oil, Cake & General Produce Association (Inc.)'s Conditions of Sale, condition 22.

BENNETT v. TUGWELL

[1971] 1 Lloyd's Rep 333

Negligence - Volenti non fit injuria - Passenger in car injured by driver's negligence - Effect of warning notice: "Passengers travelling in this vehicle do so at their own risk."

BROKAW AND SHAHEEN v. SEATRAIN U.K. LTD. GOVERNMENT OF THE UNITED STATES (CLAIMANTS)

[1971] 1 Lloyd's Rep 337

Conflict of laws - Revenue law - United States internal revenue law - Levy order served on carrier in respect of goods on high seas - Whether levy order enforceable in English Courts.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 340

Chambers procedure-Certification of documents for use abroad.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 340

Chambers procedure - Lodgment in Chambers of copies of legal aid certificates.

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

[1971] 1 Lloyd's Rep 341

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. 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 counterclaim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958.

DAULATRAM RAMESHWARLALL v. EUROPEAN GRAIN & SHIPPING LTD.

[1971] 1 Lloyd's Rep 368

Sale of goods (c.i.f.) - Appropriation - Notice to be given by sellers by telex and confirmed later by letter - Notice given first by letter and confirmed later by telex - Whether buyers entitled to reject shipping documents - Plea of waiver and estoppel - London Oil and Tallow Trades Association, contract form no. 44. Arbitration - Award in form of special case - Arbitrators' duty to state facts fully.

MIDWEST SHIPPING COMPANY LTD. INC. v. D. I. HENRY (JUTE) LTD.

[1971] 1 Lloyd's Rep 375

Charter-party - "Employment and indemnity" clause - Vessel ordered by time charterers to return to port of loading - Delay by master in complying with order - Whether instant compliance necessary - New York Produce Exchange time charter-party form.

ROLIMPEX CENTRALA HANDLU ZAGRANICZNEGO v. HAJI E. DOSSA & SONS LTD.

[1971] 1 Lloyd's Rep 380

Sale of goods (f.o.b.) - Certificate of quality required by contract - Whether certificate conclusive - Whether certificate in correct form - Cattle Food Trade Association (Inc.) Rules. Arbitration - Award in form of special case - Functions of arbitrator and of Court - Evidence given before arbitrator generally immaterial to Court - When documents should be annexed to award. Arbitration - Costs - Difficulties involved in arbitrator making party pay security for costs of award - Arbitration Act, 1950, sects. 18 (1), (2), 19 - Cattle Food Trade Association (Inc.), rule 15.

D. H. R. MOODY (CHEMISTS) LTD. v. IRON TRADES MUTUAL INSURANCE COMPANY LTD.

[1971] 1 Lloyd's Rep 386

Insurance (Motor) - Description of use - Car to be used for "social purposes" - Local council's twinning arrangements with French town - Car lent to council to take French visitors to airport - Car damaged on return journey - Whether car being used for "social purposes" - Liability of insurers.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 390

Chancery Chambers procedure - Powers of the Chancery Masters.

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

[1971] 1 Lloyd's Rep 391

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

CHRISTENSEN v. HINDUSTAN STEEL LTD.

[1971] 1 Lloyd's Rep 395

Charter-party - Commencement of laytime - Notice of readiness to load - Whether notice stating that vessel would be ready at future date sufficient - Whether such notice an effective notice of anticipated readiness - "Gencon" form.

W. J. ALAN & CO. LTD. v. EL NASR EXPORT AND IMPORT COMPANY

[1971] 1 Lloyd's Rep 401

Sale of goods (f.o.b.) - Coffee sold by Kenyan buyers to Egyptian sellers at "Shs. 262/-" per cwt. - Whether term meant English shillings or Kenyan shillings - Whether opening of irrevocable credit absolved buyers themselves from paying price - Whether currency of account varied by accepting payment under credit - Whether estoppel established - Whether claim barred by arbitration clause or arbitration award - Coffee Trade Federation f.o.b. contract, clauses 34, 36. Arbitration - Award - Error of law on face of award - Whether other documents incorporated into award - Whether arbitrators guilty of misconduct - Whether award should be set aside. Conflict of laws - Proper law - Process of determining "currency of account". Banking - Irrevocable letter of credit - Whether opening of credit absolved buyers themselves from paying price.

KLEIN v. CALUORI

[1971] 1 Lloyd's Rep 421

Negligence - Vicarious liability - Car taken without owner's consent - Driven for borrower's purposes - Borrower instructed by owner to return car - Whether return journey made in part for owner's purposes - Liability of owner for negligent driving by borrower.

NOTTINGHAM v. ALDRIDGE AND POST OFFICE; PRUDENTIAL ASSURANCE COMPANY LTD. (THIRD PARTY)

[1971] 1 Lloyd's Rep 424

Insurance (Motor) - Policy - Post Office trainee injured while travelling as passenger in van driven by fellow trainee - Driver given mileage allowance by Post Office for himself and also additional allowance for passenger in respect of journey to training establishment - Liability of insurers on their comprehensive policy with van owner (driver's father). Master and servant - Vicarious liability - Car allowance for servants, driver and passenger on trainee course of employers - Injury to passenger - Whether driver "in course of his employment" - Whether relationship of master and servant existed.

PRACTICE DIRECTION

[1971] 1 LLOYD'S LAW REPORTS 437

Incompetent petitions for leave to appeal.

KUM AND ANOTHER v. WAH TAT BANK LTD. AND ANOTHER

[1971] 1 Lloyd's Rep 439

Conversion - Misdelivery of goods by carrier without production of mate's receipts - Whether mate's receipts equivalent to bills of lading - Custom of trade - Whether carriers and shippers estopped from denying consignee's right to possession and precluded from ordering delivery of goods to any other person - Liability of carrier. Mate's receipts - Whether documents of title - Effect of custom of trade and words "not negotiable". Bill of lading - Function - Whether to effect delivery as between consignee and consignor. Estoppel - Mate's receipts - Whether shipper and carrier estopped from denying consignee's right to possession.

MARZOUCA v. ATLANTIC AND BRITISH COMMERCIAL INSURANCE COMPANY LTD.

[1971] 1 Lloyd's Rep 449

Insurance (Fire) - Condition - Hotel not to "become unoccupied for more than 30 days" - Risk of fire not to be increased - Hotel converted into flats - Night-watchman not in building - Inflammable material used and stored by contractors - Hotel burnt down - Meaning of "unoccupied" - Whether condition broken - Contra proferentem rule.

O'CONNOR v. B. D. B. KIRBY & CO. AND KIRBY

[1971] 1 Lloyd's Rep 454

Insurance brokers - Motor insurance - Proposal form inaccurately filled in by brokers - Form handed to proposer for signature - Contents of form not checked by proposer - Car damaged - Liability repudiated by insurers on ground of mis-statement - Whether brokers liable to proposer.

MITCHELL v. MULHOLLAND AND MULHOLLAND

[1971] 1 Lloyd's Rep 462

Damages - Assessment - Personal injuries - Whether actuarial instead of usual method to be adopted - Whether inflation to be considered. Evidence - Damages - Likelihood of inflation - Admissibility.

BRITISH TRANSPORT DOCKS BOARD v. "APOLLON" (OWNERS) (THE "APOLLON")

[1971] 1 Lloyd's Rep 476

Towage - Indemnity - Tug asked by pilot vessel to take a line aft - Tug damaged while manoeuvring to come up astern of vessel - Whether damage caused "whilst towing" within United Kingdom Standard Towage Conditions.

CLUB SPECIALITY (OVERSEAS) INC. v. UNITED MARINE (1939) LTD.

[1971] 1 Lloyd's Rep 482

Forwarding agents - Duties - Instructions from customer to clear goods and hold for importers - Goods stolen from third party's warehouse while uninsured - Whether forwarding agents under duty to insure or warn customer that goods uninsured - Whether authorized to store goods in third party's warehouse.

PANAMANIAN ORIENTAL STEAMSHIP CORPORATION v. WRIGHT (THE "ANITA")

[1971] 1 Lloyd's Rep 487

Marine insurance - Confiscation of vessel - Lloyd's policy - F.c. and s. clause deleted - Institute War and Strikes Clauses (Hulls-Time) incorporated - Vessel seized by Vietnamese authorities for carrying unmanifested goods - Confiscation of vessel ordered by Special Court - Whether loss by "restraint of people" and/or "barratry" - Validity of notice of abandonment - Whether vessel "constructive total loss" or "actual total loss" - Whether loss fell within exception clause - Marine Insurance Act, 1906, sects. 57 (1), 60 (2) (i) and 62 (2), schedule 1, rule 10 of Rules for Construction of Policy. Evidence - Exception - Burden of proof.

TAYLOR v. O. WRAY & CO. LTD.

[1971] 1 Lloyd's Rep 497

Damages - Splitting of claim - Insured's car damaged - Insured's claim for personal injuries (including uninsured loss (excess under policy)) settled - Whether insured barred from suing for balance of cost of repairs to car - Nemo pro eadem causa debet bis vexari.

ASTRO VENCEDOR COMPANIA NAVIERA S.A. v. MABANAFT G. M.B.H.

[1971] 1 Lloyd's Rep 502

Arbitration - Arbitration clause - Charter-party providing "Any dispute arising during execution of this Charter-party" - Award by umpire of damages for alleged wrongful arrest of vessel - Whether arrest after execution of charter-party within ambit of arbitration clause - Whether award in excess of umpire's jurisdiction.

SHIPPING DEVELOPMENTS CORPORATION S.A. v. V/O SOJUZNEFTEXPORT (THE "DELIAN SPIRIT")

[1971] 1 Lloyd's Rep 506

Charter-party - Charterers' duty to nominate "place reachable on vessel's arrival" - Vessel anchored in roads outside Tuapse - Delay in entering port - Whether charterers liable for delay - Whether vessel was an "arrived ship".

OVERSEAS TRANSPORTATION COMPANY v. MINERALIMPORTEXPORT (THE "SINOE")

[1971] 1 Lloyd's Rep 514

Charter-party - Demurrage - Discharge of vessel delayed by stevedores' incompetence - Cesser clause giving shipowners lien on cargo for demurrage - Lien not enforceable - Whether stevedores were shipowners' servants - Whether charterers excused from liability for demurrage.

LONDON AND OVERSEAS FREIGHTERS LTD. v. TIMBER SHIPPING COMPANY S.A.

[1971] 1 Lloyd's Rep 523

Charter-party - Time charter-party - Redelivery of vessel - Whether hire at charter rate continued until redelivery if vessel used by charterers after expiry date of charter - Whether charterers in breach and owners entitled to damages only. Arbitration - Award - Interest on award - Power of arbitrators to award interest on sum awarded - Arbitration Act, 1950, sect. 20.

RICHARDSON v. BUCKINGHAMSHIRE COUNTY COUNCIL, SYDNEY GREEN (CIVIL ENGINEERING) LTD., AND ROADS RECONSTRUCTION (CONTRACTING) LTD.

[1971] 1 Lloyd's Rep 533

Contract - Indemnity clauses - Construction - Claim for indemnity against costs reasonably incurred in defending personal injury action by road user - Whether claim "arose out of or in consequence of" works - Institution of Civil Engineers General Conditions of Contract, clause 22 - Liability of sub-contractors to indemnify contractors.

UNICOOPJAPAN AND MARUBENI-IIDA COMPANY LTD. v. ION SHIPPING COMPANY (THE "ION")

[1971] 1 Lloyd's Rep 541

Bill of lading - Centrocon arbitration clause and Hague Rules - Short delivery of cargo - Arbitrator appointed within period stated by Rules but not within that in clause - Whether clause void - Carriage of Goods by Sea Act, 1924, schedule, art. III, rr. 6, 8.

BOAL QUAY WHARFINGERS LTD. v. KING'S LYNN CONSERVANCY BOARD1

[1971] 1 Lloyd's Rep 547

Docks and Harbours Act, 1966 - Licence to employ dock workers - Application by registered employers of dock workers before commencement of sect. 1 - Local licensing authority's decision to issue licence for employment of 13 dock workers - Appeal to Minister - Before ministerial inquiry applicants ceased to carry on dock business and had name removed from register of dock employers - Minister subsequently informed applicants their application would be refused because they no longer intended to employ dock workers - Whether applicants entitled to compensation from conservancy board under sect. 13 (1).

BURNS v. KONDEL

[1971] 1 Lloyd's Rep 554

Practice - Application by insurers to set aside - Judgment in default of appearance - Motor accident - R.S.C., Order 13, r. 9 - Whether a defence on the merits.

COSH v. LARSEN

[1971] 1 Lloyd's Rep 557

Pollution - Oil - Discharge of sunflower seed oil into water - Oil in Navigable Waters Act, 1955, sect. 3 - Whether sunflower seed oil within definition "oil of any description" in sect. 22 - International Convention for the Prevention of Pollution of the Sea by Oil. 1954.

Lloyd's Law Reports