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SCHORSCH MEIER GMBH v. A. R. HENNIN

[1975] 1 Lloyd's Rep 1

Sale of goods - Goods bought from German company - Payment to be made in Deutsche Marks - Whether English Courts can give judgment in foreign currency - Treaty of Rome, art. 106. Practice - Judgment in foreign currency - Effect of Treaty of Rome.

INTERNATIONAL TANK AND PIPE S.A.K. v. KUWAIT AVIATION FUELLING CO. K.S.C.

[1975] 1 Lloyd's Rep 8

Arbitration - Contract to be construed according to English law - Time clause in contract - Whether contractors claim to arbitration within time limit - Arbitration place outside jurisdiction - Whether English Court has jurisdiction to grant extension of time - Arbitration Act, 1950, s. 27.

HAY AND ANOTHER v. HUGHES

[1975] 1 Lloyd's Rep 12

Damages - Quantum - Husband and wife killed in motor accident - Children aged 412 and 212 looked after by grandmother gratuitously - Whether personal representatives could still claim for loss of mother's services - Loss of expectation of life - Law Reform (Miscellaneous Provisions) Act, 1934 - Fatal Accidents Acts, 1846 to 1959.

COMMERCIAL FIBRES (IRELAND) LTD. v. ZABAIDA AND ZABAIDA (T/A LENMORE TRADING) AND OTHERS

[1975] 1 Lloyd's Rep 27

Sale of goods - Whether cartons of yarn sold ex warehouse - Whether yarn bought ex docks - Yarn arrived in damaged condition - Whether buyers rejected yarn in time.

GREAVES & CO. (CONTRACTORS) LTD. v. BAYNHAM MEIKLE & PARTNERS

[1975] 1 Lloyd's Rep 31

Contract - Breach - Consulting structural engineers employed by building contractors to design warehouse for oil company - Floor to be capable of supporting weight of fork-lift trucks - Floor not strong enough - Claim by contractors that design was faulty - Whether consulting engineers liable.

FORMAT INTERNATIONAL SECURITY PRINTERS LIMITED v. EZZET E. MOSDEN

[1975] 1 Lloyd's Rep 37

Principal and agent - Printing of stamp issue placed with plaintiffs by defendant authorized agent of Philippine government - Whether plaintiffs could claim for balance of payment against defendant as principal.

MURRAY AND ANOTHER (ADMINISTRATORS OF THE ESTATE OF JAMES MURRAY, DECEASED) v. SHUTER AND N. & S. COACHES LTD. MURRAY v. SAME

[1975] 1 Lloyd's Rep 46

Damages - Personal injury - Plaintiff aged 32, employed by heating engineers - Good prospects of promotion - Salary likely to be in excess of £10,000 a year - Brain severely damaged - Unawareness of surroundings - Inability to speak - Quantum of damages. Damages - Actuarial tables - Extent to which use permitted.

CLAUDE R. OGDEN & CO. PTY. LTD. v. RELIANCE FIRE SPRINKLER CO. PTY. LTD. AND OTHERS; DAVIES (First Third Party); STENHOUSE (N.S.W.) LTD. (Second Third Party)1

[1975] 1 Lloyd's Rep 52

Australia-Insurance (Public and Products Liability) - Installation of fire extinguishing equipment in factory - Factory destroyed by fire - Action for damages by factory owner against party installing equipment - Defendant insured against public and products liability - Insurance effected by insurance broker on behalf of defendant - Avoidance of policy by insurer - Misrepresentation - Non-disclosure of material facts - Joinder by defendant of insurer and insurance broker - Waiver and estoppel not established - Insurer entitled to avoid policy - Failure by broker to exercise reasonable care and skill - Defendant entitled to recover from broker - Effect of alternative claims by defendant in contract and tort - Principles applicable.

PAN AMERICAN WORLD AIRWAYS INC. v. THE AETNA CASUALTY & SURETY CO., AND OTHERS

[1975] 1 Lloyd's Rep 77

United States - Insurance (Aviation) - All risks - War risks - Boeing 747 aircraft hijacked and destroyed by PFLP terrorists - Whether war risks or all risks insurers liable - Whether all risks insurers entitled to rely on exemption clauses.

PRACTICE DIRECTION

[1975] 1 Lloyd's Law Reports 101

Court procedure - Arrangement of the Chancery lists.

FEDERAL COMMERCE & NAVIGATION CO. LTD. AND OTHERS v. EISENERZ G.m.b.H. (THE "OAK HILL")

[1975] 1 Lloyd's Rep 105

Canada - Carriage by sea - Damage to cargo - Mixing of pig-iron following grounding of vessel - Voyage charter-party and bills of lading - Carrier's obligation to keep cargo separate and provide a seaworthy ship - Whether overloading of vessel or negligence of pilot caused grounding - Effect of exception clause in charter-party - Liability of carrier and cargo-owner for acts of surveyor during general average operations - Whether loss due to general average operations part of general average loss - York-Antwerp Rules, 1950, rr. XII and D. Canada - General average - Mixing of pig-iron - Whether surveyor appointed under general average act becomes agent of carrier and/or cargo-owners - Whether carrier absolved from responsibility for cargo during general average operations.

THE ALMA SHIPPING CORPORATION OF MONROVIA v. MANTOVANI (THE "DIONE")

[1975] 1 Lloyd's Rep 115

Charter-party (Time) - Redelivery - Vessel chartered for 6 months and 20 days from delivery - Vessel sent by charterers on final voyage near end of charter period - Reasonable expectation that redelivery would be about 16 days late - Vessel redelivered 8 days late - Whether charterers in breach of contract - Baltime 1939 form, cl. 1.

CHALLONER v. WILLIAMS AND CRONEY

[1975] 1 Lloyd's Rep 124

Negligence - First and second defendants travelling in cars in same direction - First defendant decided to make a right hand turn - Second defendant overtaking - Collided with first defendant - Whether first defendant negligent - Whether second defendant solely liable.

YOUNG v. PERCIVAL

[1975] 1 Lloyd's Rep 130

Damages - Fatal accident - Evidence including anticipated increases in consequence of inflation - Whether estimates of future increases attributable solely to anticipated inflation to be taken into account.

SPLOSNA PLOVBA OF PIRAN v. AGRELAK STEAMSHIP CORPORATION (THE "BELA KRAJINA")

[1975] 1 Lloyd's Rep 139

Charter-party (Time) - Hire - Shipowners to keep vessel in efficient state - Off-hire clausing stating that hire ceased to be payable if full working of vessel prevented - Grain cargo to be loaded - Loose rust present in holds - Refusal by cargo inspector to allow loading of grain until loose rust removed - Loading delayed in consequence - Whether liability to pay hire ceased for period of delay.

WAREN IMPORT GESELLSCHAFT KROHN & CO. v. INTERNATIONALE GRAANHANDEL THEGRA N.V.

[1975] 1 Lloyd's Rep 146

Sale of goods (c.i.f.) - Rejection of documents - Thailand manioc chips sold c.i.f. Rotterdam - Payment to be made "net cash against documents" - Documents to be tendered to include bills of lading and/or ship's delivery orders - Delivery orders tendered by sellers not addressed to persons in possession of goods - No undertaking in delivery orders that goods would be delivered to buyers - Rejection of documents by buyers - Whether refusal justified - Grain and Feed Trade Association Ltd. contract form no. 100. Custom - Ship's delivery order - Whether trade custom as to meaning established.

NG CHEE CHONG, NG WENG CHONG, NG CHENG AND NG YEW (a firm trading as MARAN ROAD SAW MILL) v. AUSTIN TAYLOR & COMPANY LIMITED

[1975] 1 Lloyd's Rep 156

Sale of goods - Payment cash against documents to sellers' agent - Agency agreement - Construction - Whether agent's obligation to pay the sellers discharged - Letter of credit - Parties accepting and operating letter of credit not conforming with terms requested - Bills of exchange drawn by sellers under letter of credit - Bills negotiated with Bangkok Bank - Whether Bangkok Bank confirming the letter of credit-Bills dishonoured- Bills of Exchange Act, 1882, ss. 47 (2), 55 (1) - Whether sellers under legal liability to repay Bangkok Bank - Whether sellers entitled to claim money repaid to the Bangkok Bank from agents - Uniform Customs and Practice for Documentary Credits.

J. EVANS & SONS (PORTSMOUTH) LTD. v. ANDREA MERZARIO LTD.

[1975] 1 Lloyd's Rep 162

Forwarding agents - Plaintiffs' goods carried in container - Defendants loaded container on deck of vessel - Container fell overboard - Whether defendant could rely on standard printed conditions - Whether carriage on deck a fundamental breach - Conditions of Institute of Shipping and Forwarding Agents. Carriage by sea - Container - Whether carriage under deck a term of contract or a collateral contract - Whether carriage on deck fundamental breach.

MARCH CABARET CLUB & CASINO LTD. v. THE LONDON ASSURANCE; MARCH CABARET CLUB & CASINO LTD. v. THOMPSON & BRYAN LTD.

[1975] 1 Lloyd's Rep 169

Insurance (Traders combined) - Non-disclosure - Plaintiffs' property damaged by fire - Whether non-disclosure of director's previous conviction for criminal offence material - Whether insurers entitled to avoid policy - Whether fire assessors negligent in submitting claim after 30-day period - Marine Insurance Act, 1906, s. 18 (1).

JAMES v. PARSONS

[1975] 1 Lloyd's Rep 178

Negligence - Road accident - Duty of care on driver - Car driven at 40 m.p.h. over hump back bridge - Bridge preceded by S-bend - Liability of driver for injuries to passenger. Damages - Contributory negligence - Failure by passenger in car to wear seat belt - Passenger injured when car left road due to car being driven over hump back bridge at 40 m.p.h. - Whether contributory negligence.

T. SLOYAN & SONS (BUILDERS) LTD. AND ANOTHER v. BROTHERS OF CHRISTIAN INSTRUCTION

[1975] 1 Lloyd's Rep 183

Costs - Cross-claim by defendant for sum in excess of plaintiff's claim - Plaintiff in position of defendant insofar as cross-claim exceeding amount of claim - Amount of security to be determined on basis defendant put forward defence to whole of plaintiff's claim.

GULF & FRASER FISHERMEN'S UNION v. CALM C. FISH LTD., PHILLIPSON, DOVING O'BRIEN AND O'BRIEN (THE "CALM C")

[1975] 1 Lloyd's Rep 188

Sale of ship - Fishing vessel - Plaintiff mortagee in possession - Deficiency in proceeds of sale - Plaintiff's failure to meet required standards of care - Whether defendant entitled to off-set losses caused by plaintiff. Mortgage of ship - Sale of ship - Standard of care required of mortgagee in possession.

PERDIGAO v. CANADIAN OFFSHORE MARINE LTD. AND OFFSHORE MARINE LTD. (THE "PACIFIC SHORE")

[1975] 1 Lloyd's Rep 192

Canada - Negligence - Seaman injured in rough seas while loading container onto vessel - Whether master of vessel should have attempted operation in weather conditions prevailing - Accident occurring due to freak wave - Whether seaman's employers and vessel's owners liable. Canada - Damages - Personal injuries - Seaman's left foot injured - Quantum of damages for loss of earnings and for pain and suffering - Whether earning capacity reduced - Whether seaman had taken steps to mitigate damages.

SHINKO BOEKI CO. LTD. v. S.S. "PIONEER MOON" AND UNITED STATES LINES INC. (THE "PIONEER MOON")1

[1975] 1 Lloyd's Rep 199

United States - Bill of lading - Damage to cargo - Whether a "package" - Whether defendants entitled to limit liability - U.S. Carriage of Goods by Sea Act s. 4 (5) (46 U.S.C. 1304 (5)).

D'AMICO MEDITERRANEAN PACIFIC LINE INC. v. PROCTOR AND GAMBLE MANUFACTURING CO. (THE "GIOVANNI D'AMICO")

[1975] 1 Lloyd's Rep 202

United States - Charter-party - Demurrage - Delay in loading - Whether demurrage payable where no actual damage suffered by carrier.

DELTA AIR LINES INC. v. McDONNELL DOUGLAS CORPORATION

[1975] 1 Lloyd's Rep 205

United States - Sale of goods - Aircraft bought from manufacturer damaged when nosegear collapsed - Expenses incurred by buyer in repairing damage - Clause in contract excluding liability for negligence - Whether clause effective- Whether clause against public policy of California or of Georgia State. United States - Conflict of laws - Contract for sale of aircraft signed in California to be interpreted by California law - Clause in contract excluding liability for negligence - Proceedings for damages for breach of contract begun in Georgia Court by buyer - Rule of Georgia law that law of State where contract was made would apply unless result contrary to public policy of Georgia law - Provision in California law that contract purporting to exempt person from responsibility for violation of law was against public policy - Whether exclusion clause effective to bar buyer's claim.

TESSLER BROS. (B.C.) LTD. v. ITALPACIFIC LINE AND MATSON TERMINALS INC.,1

[1975] 1 Lloyd's Rep 210

United States - Bill of lading - Limitation of liability - Bill of lading incorporating U.S. Carriage of Goods by Sea Act, 1936 (46 U.S. Code s. 1300 et seq.) and entitling independent contractor to limit their liability to U.S. $500 per package - Goods damaged whilst being discharged by stevedores - Whether stevedores could limit their liability to U.S. $500 - U.S. Carriage of Goods by Sea Act, 1936, s. 4(5) (46 U.S. Code s. 1304(5)).

UNITED STATES OF AMERICA v. EASTMOUNT SHIPPING CORPORATION (THE "SUSQUEHANNA")1

[1975] 1 Lloyd's Rep 216

United States - Bill of lading - Wheat loaded at Portland for delivery at Chittagong - Damage due to seawater discovered on discharge - Whether vessel unseaworthy - Whether shipowner could plead that damage was caused by perils of the sea - United States Carriage of Goods by Sea Act, 1936, ss. 3(1), 4(2) (46 U.S. Code ss. 1303(1), 1304(2)). United States - General average - Vessel loaded with insufficient bunkers at commencement of voyage - Additional fuel taken on board at port off contractual route - Claim by shipowners for general average contribution from cargo-owners for excess costs involved - Whether cargo-owners liable.

ARTHUR L. LIMAN, AS TRUSTEE IN BANKRUPTCY, OF A. H. BULL STEAMSHIP CO. v. INDIA SUPPLY MISSION. (THE "BEATRICE")

[1975] 1 Lloyd's Rep 220

United States - General average - Shipowners' right to recover general average contributions - Time of accrual - Whether action barred by laches or statute of limitation - C.P.L.R. s. 213.

PRACTICE DIRECTION

[1975] 1 LLOYD'S LAW REPORTS 222

Chambers Procedure - Adjournments from Master to Judge

NATIONAL ENTERPRISES LTD. v. RACAL COMMUNICATIONS LTD.; RACAL COMMUNICATIONS LTD. v. NATIONAL ENTERPRISES LTD.

[1975] 1 Lloyd's Rep 225

Arbitration - Arbitration agreement providing for reference of disputes to arbitrator to be appointed by third party - Dispute arising - Third party declining to appoint arbitrator - Whether Court has jurisdiction to appoint arbitrator - Arbitration Act, 1950, s. 10(a).

MALLOZZI v. CARAPELLI S.P.A.

[1975] 1 Lloyd's Rep 229

Sale of goods (c.i.f.) - Breach of contract - Shipment of maize and oats from the Plate to Italy - First port of discharge to be mutually agreed between parties - Buyers to pay demurrage as per charter-party - No provisions in charter-party - Bills of lading relating to oats falsely dated - First port of discharge nominated unilaterally by sellers - Payment of demurrage by buyers under protest - Whether buyers entitled to damages and repayment of demurrage paid - London Corn Trade Association form no. 41.

NAVIERA DE CANARIAS S.A. v. NACIONAL HISPANICA ASEGURADORA S.A. (THE "PLAYA DE LAS NIEVES")

[1975] 1 Lloyd's Rep 259

Marine insurance - Freight policy - Loss of time charter hire - Vessel time chartered under New York Produce Exchange form - Stranding of vessel and subsequent repairs - Vessel off hire from time of stranding to conclusion of repairs - Whether insured owners entitled to indemnity for loss incurred under freight policy - Whether claim "consequent on loss of time" within Institute Time Clauses Freight, cl. 8 - New York Produce Exchange Time Charter, cl. 15.

NATIONAL TRANSIT INSURANCE CO. LTD. v. THE COMMISSIONERS OF CUSTOMS AND EXCISE

[1975] 1 Lloyd's Rep 263

Value Added Tax - Road haulage insurers committee - Member insurer appointed by committee to be "service point", for settlement of claims - Service point entitled to credit of £4 for every claim which it handled - Whether "a supply of a taxable service for a consideration"-Whether service supplied by insurer in the course of his business - Whether supply of service an exempt supply - Finance Act, 1972, sched. 5, group 2, par. 1.

PICKFORD & BLACK LTD. v. CANADIAN GENERAL INSURANCE CO.

[1975] 1 Lloyd's Rep 267

Canada - Insurance (Contractor's Public Liability) - Policy indemnifying stevedores against liability to pay damages for personal injury or damage to property - Exclusion clause in respect of accident occurring outside Canada or risk at sea outside limits of Halifax harbour - Cargo negligently loaded by stevedores on vessel at Halifax- Cargo subsequently shifting and damaged- Payment for damage made to shipowners by plaintiffs-Claim by plaintiffs for indemnity under policy - Whether exclusion clause applicable to whole policy or to personal injury section only - Meaning of "risk at sea." Canada - Insurance (Contractor's Public Liability) - Construction - Policy to be construed as whole.

GRACE LINE INC. v. TODD SHIPYARDS CORPORATION; HOME INSURANCE CO. AND ATLANTIC MUTUAL INSURANCE CO. v. GRACE LINE INC., THE SHIP "SANTA ANA", TODD SHIPYARDS CORPORATION AND SHIPOWNERS & MERCHANTS TOWBOAT CO. LTD.; COMMERCIAL INSURANCE CO. OF NEWARK v. SAME; ROYAL GLOBE INSURANCE CO. v. SAME 1 (THE "SANTA ANA")

[1975] 1 Lloyd's Rep 276

United States - Docks and harbours - Vessel colliding with drydock's concealed underwater projection - Whether drydock owners liable for damage caused to vessel - Whether vessel guilty of negligent navigation. United States - Bill of lading - Exclusion of liability - Limitation of liability - Clause incorporating provisions of U.S. Carriage of Goods by Sea Act, 1936 (46 U.S. Code s. 1300 et seq) and purporting to grant non-carrier immunity and right to limit liability to U.S. $500 per package - Cargo damaged after vessel collided with underwater projection of drydock - Whether dock owner immune from liability or entitled to limit liability - United States Carriage of Goods by Sea Act, 1936, ss. 3(6), 4(1), 4(2)(a), 4(2)(b), 4(2)(q) and 4(5).

GEMINI NAVIGATION INC. v. PHILIPP BROTHERS DIVISION OF MINERALS & CHEMICALS PHILIPP CORPORATION AND ROYAL INSURANCE CO. LTD. (THE "IONIC BAY")1

[1975] 1 Lloyd's Rep 287

United States-Bill of lading-General average -Cargo of steel ingots shifting during voyage -Restowage of cargo necessary-Whether shifting due to improper stowage at port of loading or caused by rough weather-Bill of lading governed by U.S. Carriage of Goods by Sea Act 1936 (46 U.S. Code s. 1300 et seq.) -York-Antwerp Rules 1950 and "New Jason" clause incorporated-Whether shipowners entitled to general average contribution in respect of expenses of restowage - U.S. Carriage of Goods by Sea Act, 1936, s. 4 (2) (46 U.S. Code s. 1304 (2)).

CAMECO INC. v. "AMERICAN LEGION" HER ENGINES ETC. AND UNITED STATES LINES INC.; SAME v. SULLIVAN SECURITY SERVICES INC.; "AMERICAN LEGION" HER ENGINES ETC. AND UNITED STATES LINES INC. v. SULLIVAN SECURITY SERVICES INC. AND INTERNATIONAL TERMINAL OPERATING CO. INC. (THE "AMERICAN LEGION")

[1975] 1 Lloyd's Rep 295

Carriage by sea - Loss of cargo - Limitation of liability - Refrigerated container (40ft. X 8ft. X 8ft.) packed with pallets and cartons of tinned ham - Container lost from New York terminal - Liability of ocean carrier, terminal operator and security services - Whether container was a "package" for purposes of the United States Carriage of Goods by Sea Act, 46 U.S.C. s. 1304 (5).

VENDO INTERNATIONAL v. M/T "FRANCES HAMMER" AND OXYNESS SHIPPING CO. INC., M.V. "SIMBA" AND A/S DET OSTASIATISKE KOMPAGNI (THE "FRANCES HAMMER")

[1975] 1 Lloyd's Rep 305

United States - Bill of lading - Cargo shipped under bills of lading contained "both to blame" collision clause and stating that Danish Courts had exclusive jurisdiction - Cargo damaged in collision - Claim by cargo-owners against owners of non-carrying vessel -Owners of carrying vessel brought in as third parties - Counterclaim by owners of carrying vessel against cargo-owners - Whether "both to blame" collision clause valid - Whether agreement to submit claims arising out of collision to English Courts applied to claims for damage to cargo as well as to damage to vessels - Whether Danish Courts forum conveniens.

CHAPMAN v. WARD

[1975] 1 Lloyd's Rep 309

Damages - Personal injury - Car being driven on country road in broad daylight - Swerve off road and collision with telegraph pole - Passenger's face lacerated - Right knee and left ankle injured - Loss of six teeth from lower jaw - Quantum of damages - Whether damages should be reduced because seat belt not being worn by passenger. Negligence - Seat belts - Whether passenger in car guilty of contributory negligence in not wearing seat belt.

FALMOUTH DOCKS & ENGINEERING CO. v. FOWEY HARBOUR COMMISSIONERS (THE "BRITON")

[1975] 1 Lloyd's Rep 319

Charter-party (Demise) - Dredger hired out to charterers for use in summer of 1969 and summer of 1970 - Period of use to be more or less equal in each year - Dredger used in 1969 only - Whether owners entitled to substantial damages or to nominal damages only.

WAREN IMPORT GESELLSCHAFT KROHN & CO. v. ALFRED C. TOEPFER (THE "VLADIMIR ILICH")

[1975] 1 Lloyd's Rep 322

Sale of goods (c.i.f.) - Rejection - Notice of appropriation to be given to buyers by sellers - Clause in contract stating that notice was open to correction of errors occurring in transmission - Notice given stating goods shipped on "Vladimir (or better name)"- Rejection of tender by buyers on ground that "Vladimir" had never loaded goods - Original appropriation amended stating correct name of vessel was "Vladimir Ilich"- Whether notice of appropriation valid - Whether buyers entited to reject - Grain and Feed Trade Association contract form no. 100.

KUEHNE & NAGEL INC. v. F. W. BAIDEN

[1975] 1 Lloyd's Rep 331

United States - Marine insurance - Charterers' liability - On deck stowage and damage to cargo - Contention by consignee that inadequate notice given of on deck stowage -Arrangement between carrier and consignee that carrier would not press for freight charge and consignee would not claim further compensation - Whether risk insured against under charterers' liability policy.

ROBERT A. PARENTE v. BAYVILLE MARINE INC. and GENERAL INSURANCE CO. OF AMERICA 1

[1975] 1 Lloyd's Rep 333

United States - Marine insurance - Latent defect - Definition.

HARWICH HARBOUR CONSERVANCY BOARD v. SECRETARY OF STATE FOR THE ENVIRONMENT, EAST SUFFOLK COUNTY COUNCIL AND STOUR RIVER ESTATE

[1975] 1 Lloyd's Rep 334

Harbour - Harwich harbour - Plan to build marina - Planning permission granted by Secretary of State for Environment - Whether decision should be quashed because of mistaken view of statutory provisions - Harwich Harbour Act, 1863, s. 17, Harwich Harbour Act, 1865, s. 26, Coast Protection Act, 1949, s. 34 (1).

GEM SHIPPING CO. OF MONROVIA v. BABANAFT (LEBANON) S.A.R.L. (THE "FONTEVIVO")

[1975] 1 Lloyd's Rep 339

Charter-party - Laytime - Unsafe port - Oil tanker berthed at Lattakia, Syria - Aircraft activity and anti-aircraft gunfire at port - Ship removed from port by master - Whether time ran against laytime during period of absence from berth.

BARCLAY'S TRUSTEE v. INLAND REVENUE COMMISSIONERS

[1975] 1 Lloyd's Rep 345

Estate duty - Insurance policy - Policy expressed to be for benefit of assured's wife and sons - Beneficial interest in policy in event of wife and sons predeceasing assured - Whether policy to be held in trust for benefit of estate of one or other of beneficiaries - Whether assured effectively excluded from benefit of policy - Married Women's Policies of Assurance (Scotland) Act, 1880, s. 2 - Finance Act, 1894, s. 4.

PILGRIM SHIPPING CO. LTD. v. THE STATE TRADING CORPORATION OF INDIA LTD. (THE "HADJITSAKOS")

[1975] 1 Lloyd's Rep 356

Charter-party (Voyage) - Nomination of discharging ports-Voyage from British Columbia to India - Option given to charterers to nominate 1/2 safe ports Full India - Nomination of charterers of Bombay as first discharging port and Calcutta as second discharging port - No geographical order of ports for vessel coming from east - Whether charterers entitled to nominate in that order - Whether owners' claim lay for quantum meruit or damages - Period of time in respect of which owner should be remunerated.

J. BRACONNOT ET CIE. AND OTHERS v. COMPAGNIE DES MESSAGERIES MARITIMES AND ANOTHER (The "SINDH")

[1975] 1 Lloyd's Rep 372

Conflict of laws - Bill of lading - Exclusive jurisdiction clause - French law proper law of contract - Dispute to be determined by French Court - Action based in tort brought by cargo-owners in English Courts - Whether action would be stayed.

MICROBEADS A.G. AND ALFRED EHRISMANN A.G. v. VINHURST ROAD MARKINGS LTD.

[1975] 1 Lloyd's Rep 375

Sale of goods - Defect in title occurring after time of sale - Goods in infringement of English patent-No infringement at time of sale - Buyer "shall have and enjoy quiet possession of the goods" - Whether sellers in breach of implied warranty under Sale of Goods Act, 1893, s. 12 (2).

CROWTHER v. SHANNON MOTOR CO. (A FIRM)

[1975] 1 Lloyd's Rep 382

Sale of goods - Implied condition of fitness for purpose - Secondhand motor car - Engine seizing up after 2300 miles - Replacement engine necessary - Whether car reasonably lit for purpose of being driven on road at time of sale - Sale of Goods Act, 1893, s. 14 (1).

LINDON TRICOTAGEFABRIK v. WHITE AND MEACHAM

[1975] 1 Lloyd's Rep 384

Sale of goods - Delivery - Goods sold c.i.f. buyers' warehouse - Misdelivery by sellers' agents - Goods stolen - Whether buyers liable for price of goods "sold and delivered" - Whether sellers could rely on c.i.f. contract.

MARBIENES COMPANIA NAVIERA S.A. v. FERROSTAL A.G. (THE "DEMOCRITOS")

[1975] 1 Lloyd's Rep 386

Charter-party (Time) - Redelivery - "for . . . trip . . . duration about 4 to 6 months" - Delivery to charterers in damaged condition - Vessel accepted by charterers - Whether acceptance amounted to waiver of rights against owners - Late redelivery of vessel - Whether charterers liable - Slow steaming by vessel - Whether charterers entitled to allowance for loss of time resulting - New York Produce Exchange Time Charter form.

ALFRED C. TOEPFER v. PETER CREMER

[1975] 1 Lloyd's Rep 406

Sale of goods (c.i.f.) - Soya bean meal - Flooding of Mississippi River constituting force majeure - Sellers' notice of intention to ship parcel from Mississippi River ports - Whether nomination of range of ports sufficient statement of "port or ports of loading for which goods were intended to be shipped" - Whether period of shipment extended - Whether date of default the same date as the last date of performance - Effect of premature claim by buyers for price fixing - Whether sellers could rely on notice of intention being too late - Grain and Feed Trade Association contract form 100, cll. 22 and 26.

SKIBSAKTIESELSKAPET SNEFONN, SKIBSAKSJESELSKAPET BERGEHUS AND SIG. BERGESEN D.Y. & CO. v. KAWASAKI KISEN KAISHA LTD. (THE "BERGE TASTA")

[1975] 1 Lloyd's Rep 422

Charter-party (Consecutive voyage) - Redelivery - Vessel sent by charterers on final voyage - Vessel redelivered late - Whether charterers in breach of contract - Whether charterers acted unreasonably.

AGIOS STYLIANOS COMPANIA NAVIERA S.A. v. MARITIME ASSOCIATES INTERNATIONAL LTD. LAGOS (THE "AGIOS STYLIANOS")

[1975] 1 Lloyd's Rep 426

Charter-party - Demurrage - "Time lost in waiting for berth to count as discharging time" - Whether charterer of overstowed cargo liable for lime vessel kept waiting for berth - Gencon form. Charter-party - Laytime - Overstowed cargo - Whether time did not begin to run until cargo accessible.

EXORMISIS SHIPPING S.A. v. OONSOO, THE DEMOCRATIC PEOPLES REPUBLIC OF KOREA AND THE KOREAN FOREIGN TRANSPORTATION CORPORATION

[1975] 1 Lloyd's Rep 432

Arbitration-Arbitrator's refusal to allow amendment of pleadings-Application to Court to compel him to do so - Whether Court has jurisdiction to remit to arbitrator for reconsideration matters other than an award - Arbitration Act, 1950, ss. 21 (1) (a), 22 (1), (2) and 23 (1). Practice - Arbitration - Whether Court has jurisdiction to remit matters other than an award - Whether High Court has power to supervise an arbitration.

The Court has no general supervisory jurisdiction over arbitrators under English law.

MICHAEL MILIANGOS v. GEORGE FRANK (TEXTILES) LTD.

[1975] 1 Lloyd's Rep 436

Sale of goods - Payment on contract in Swiss francs - Whether English Courts can give judgment in foreign currency. Practice - Jurisdiction of English Court to give judgment in foreign currency.

DRAGE v. SMITH AND DRAGE

[1975] 1 Lloyd's Rep 438

Damages - Personal injury - Contributory negligence - Collision between cars - Whether passenger guilty of contributory negligence in not wearing seat belt - Quantum of damages.

DISCOUNT RECORDS LTD. v. BARCLAYS BANK LTD. AND BARCLAYS BANK INTERNATIONAL LTD.

[1975] 1 Lloyd's Rep 444

Banking - Irrevocable documentary credit - Goods delivered not in accordance with order - Allegation that sellers guilty of fraud - Whether irrevocable credit could be revoked - Whether bank should be restrained by injunction from paying on credit.

BRITISH COLUMBIA PACKERS LTD. v. THE MOTOR VESSEL "PUBNICO VIRGO", HER CARGO ETC. AND SEALIFE FISHERIES LTD. (THE "PUBNICO VIRGO")

[1975] 1 Lloyd's Rep 448

Salvage - Quantum of award - Fishing vessel rendering voluntary salvage services to another fishing vessel.

BOON & CHEAH STEEL PIPES SDN. BHD. v. ASIA INSURANCE CO. LTD. AND OTHERS

[1975] 1 Lloyd's Rep 452

Insurance (Marine) - Cargo (f.p.a.) - 98.3 per cent. of cargo of steel pipes lost overboard - Whether total or constructive loss - Whether de minimis rule applied - Marine Insurance Act, 1906.

PRIMARY INDUSTRIES CORPORATION v. BARBER LINES A/S AND SKILOS A/S TROPIC (THE "FERNLAND")

[1975] 1 Lloyd's Rep 461

United States - Bill of lading - Loss of cargo -550 ingots of tin in 25 bundles - Described in bill of lading as "25 bundles" - Whether bundle a "package" - Limitation of liability - United States Carriage of Goods by Sea Act s. 4 (5).

PRACTICE DIRECTION

[1975] 1 LLOYD'S LAW REPORTS 464

Chambers procedure - Delays in setting down

SOCIETE DES INDUSTRIES METALLURGIQUES S.A. v. THE BRONX ENGINEERING CO. LTD.

[1975] 1 Lloyd's Rep 465

Sale of goods - Sellers to deliver machine to buyers - Buyers to arrange shipment - Delivery delayed - Buyers unable to arrange shipment - Whether sellers entitled to treat contract as repudiated - Whether buyers entitled to injunction restraining sellers from removing machine out of jurisdiction - Sale of Goods Act, 1893, s. 52.

CAMILLA COTTON OIL CO. v. GRANADEX S.A. AND TRACOMIN S.A.; SHAWNEE PROCESSORS INC. v. SAME

[1975] 1 Lloyd's Rep 470

Arbitration - Stay - Dispute concerning contract for sale of peanuts referred by buyers to arbitration - Proceedings brought by sellers in English Court - Whether action should be stayed - Federation of Oil, Seeds and Fats Association Ltd., form no. 20 - Arbitration Act, 1950, ss. 4, 24 (2). Procedure - Declaration - Application by sellers for declaration that they were not liable under contract for sale of peanuts - Whether declaration should be granted.

TATE & LYLE REFINERIES LTD. AND OTHERS v. INTERNATIONAL COMMODITIES CLEARING HOUSE LTD.

[1975] 1 Lloyd's Rep 477

Practice - Injunction - Sale of sugar on Paris sugar market by English sellers to French buyers - Performance of contracts by English sellers guaranteed by English clearing house - Dealings suspended on Paris sugar market - English sellers appearing to be indebted to French buyers because of suspension - Doubts as to effect of suspension - Proposed payment by English clearing house to French clearing house - Application by English sellers for injunction to restrain proposed payment - Whether injunction should be granted.

DAVIES v. JOURNEAUX

[1975] 1 Lloyd's Rep 483

Negligence - Personal injuries - Pedestrian injured in collision with car - Whether driver of car negligent in failing to sound horn.

PINNER v. LEX HOTELS LTD.

[1975] 1 Lloyd's Rep 486

Negligence - Personal injuries - Plaintiff injured in rotating door of defendants' hotel- Whether defendants' employee negligent as alleged by plaintiff - Whether defendants liable.

PARNELL v. THE RECEIVER FOR THE METROPOLITAN POLICE DISTRICT AND ROWE

[1975] 1 Lloyd's Rep 492

Negligence - Personal injuries - Passenger in minibus injured when minibus stopped suddenly - Whether minibus too close to lorry - Whether driver of minibus ought to have realized lorry about to stop.

STEPHENSON v. COOK

[1975] 1 Lloyd's Rep 495

Damages - Personal injuries - Infant susceptible to traumatic epilepsy as result of accident - Whether damages awarded too low.

DE MEZA AND STUART v. APPLE, VAN STRATEN, SHENA AND STONE

[1975] 1 Lloyd's Rep 498

Contract - Breach - Auditor employed by solicitors to complete consequential loss insurance certificates regarding fees received by solicitors - Incorrect figures inserted in certificates by auditor - Sum insured less than it ought to have been - Fire at solicitors' premises and consequential loss suffered - Whether auditor liable for breach of contract - Whether solicitors partly to blame for not noticing mistake in figures - Law Reform (Contributory Negligence) Act, 1945. Insurance (Consequential Loss) - Under-insurance - Whether auditor to blame for supplying incorrect figures.

SIMPSON v. JOHN REYNOLDS & CO. (INSURANCE) LTD.

[1975] 1 Lloyd's Rep 512

Income tax - Profits arising or accruing from trade - Client terminating trading connection with taxpayer - Client making voluntary payment to taxpayer in recognition of past services - Services provided by way of trade - Whether payment chargeable to tax as a trading receipt - Income Tax Act, 1952, ss. 122 123 (Sched. D., Case I).

THE "HALCYON THE GREAT" (No. 1)

[1975] 1 Lloyd's Rep 518

Admiralty practice - Action in rem - Order for appraisement and sale of ship by Admiralty Marshal pendente lite - Application by mortgagees for order that price received by Admiralty Marshal on sale of vessel be paid into dollar account - Whether claim, if successful, should be paid out in dollars - Administration of Justice Act, 1965, s. 6 (1). R.S.C., O. 75, r. 23 (2), Appendix B, form 13.

THE "HALCYON THE GREAT" (No. 2)

[1975] 1 Lloyd's Rep 525

Practice - Mortgage action in rem - Appraisement and sale of ship by Admiralty Marshal pendente lite - Owners of ship in compulsory liquidation - Highest of three bids at sale of ship substantially below appraised value - Commission of sale requiring Admiralty Marshal not to sell ship below appraised sale without leave of the Court - Application by Marshal for leave to sell ship below its appraised value - Whether application should be granted - R.S.C. O. 75, r. 12.1

HAMBROS BANK LIMITED v. OWNERS OF SHIP OR VESSEL "HALCYON THE GREAT" THE "HALCYON THE GREAT" (No. 3)

[1975] 1 Lloyd's Rep 527

Costs - Solicitor and own client costs - Mortgage deeds - Claim by first and second mortgagees for judgment in United States dollars for amount of capital and interest due and owing together with costs on a solicitor and own client basis - Whether costs should be on solicitor and own client basis under R.S.C., O. 62, r. 29 or on a trustee and own fund basis under R.S.C., O. 62, r. 28.

KITCHENS OF SARA LEE (CANADA) LTD. AND ANOTHER v. A/S FALKEFJELL AND ANOTHER (THE "MAKEFJELL")

[1975] 1 Lloyd's Rep 528

Admiralty practice - Action in rem and in personam by cargo owners - Foreign jurisdiction clause in bill of lading - Whether actions should be stayed - Application of Norwegian law. Bill of lading - Foreign jurisdiction clause - Cargo subject matter of bills of lading damaged in London - Actions in rem and in personam brought in England against Norwegian shipowners - Whether jurisdiction clause applied -Whether actions should be stayed.

OCEANIC FREIGHTERS CORPORATION v. M.V. LIBYAVILLE REEDEREI UND SCHIFFAHRTS G.m.b.H. (THE "LIBYAVILLE")

[1975] 1 Lloyd's Rep 537

Charter-party (Time) - Hire - Quantum - Roll on - Roll off vessel - Dispute as to maximum number of trailers vessel could carry - If 16 hire reduced by 112 per cent. - Charterers paid reduced amount - Whether owners entitled to withdraw vessel - New York Produce Exchange form.

PANDO COMPANIA NAVIERA S.A. v. FILMO S.A.S.

[1975] 1 Lloyd's Rep 560

Arbitration - Arbitrators "shall be commercial men" - Whether award by full time maritime arbitrator made without jurisdiction - Arbitration Act, 1950, ss. 7, 9 - Meaning of "commercial man".

ELLIS v. SCRUTTONS MALTBY LTD. AND CUNARD STEAM-SHIP CO. LTD.

[1975] 1 Lloyd's Rep 564

Negligence - Plaintiff offloading cheese injured when foot went through separation paper - Whether employers liable-Whether charterers liable as occupiers of hold-Whether charterers liable for lack of supervision when cargo stowed in hold - Whether plaintiff contributorily negligent - Occupiers' Liability Act, 1957, s. 2.

BRITISH DREDGING (SERVICES) LTD. AND BRITISH DREDGING (SOUTH WALES) LTD. v. THE SECRETARY OF STATE FOR WALES AND MONMOUTHSHIRE AND AFAN BOROUGH COUNCIL

[1975] 1 Lloyd's Rep 569

Coast Protection Act, 1949 - Section 18 made applicable to strip of seashore by Coast Protection Order, 1973 - Unlawful for applicants to extract sand from seashore - Whether order within powers of Act - Whether Minister misinterpreted Act.

PRACTICE DIRECTION

[1975] 1 LLOYD'S LAW REPORTS 579

Memorandum on the powers of the Chancery Masters

PRACTICE NOTE

[1975] 1 LLOYD'S LAW REPORTS 579

References to the European Court.

ASSOCIATED PORTLAND CEMENT MANUFACTURERS LTD. v. TEIGLAND SHIPPING A/S (THE "OAKWORTH")

[1975] 1 Lloyd's Rep 581

Charter-party (Intermittent Voyage) - Vessel let out to sub-charterers under intermittent voyage charter-party for two years - Vessel let out to other charterers during currency of charter-party - Application by sub-charterers for injunction to restrain use of vessel in this way - Whether injunction should be granted.

MICHAEL MILIANGOS v. GEORGE FRANK (TEXTILES) LTD.

[1975] 1 Lloyd's Rep 587

Sale of goods - Payment on contract in Swiss francs - Whether English Courts can give judgment in foreign currency. Practice - Jurisdiction of English Court to give judgment in foreign currency. Practice - Precedent - Decision of Court of Appeal - Not followed by puisne Judge - Consideration of "per incuriam" principle by Court of Appeal.

G.A.F. CORPORATION v. AMCHEM PRODUCTS INC.

[1975] 1 Lloyd's Rep 601

Practice - Service out of jurisdiction - Contract made in the United States between two United States companies - United States law proper law of contract - Proceedings pending in the United States - Writ claiming (i) Declaration that plaintiffs "exclusively entitled to all legal and/or equitable or beneficial interest"; (ii) "An Order directing defendants to do all acts and sign all documents necessary to affect the assignment by the defendants to the plaintiffs" of a patent; "Alternatively that the defendants hold the same in trust for the plaintiffs and for the plaintiffs' benefit"; (iii) "An injunction to restrain the defendants . . . from taking any action for the enforcement of, or amending, or abandoning or failing to maintain in force or assigning other than to the plaintiffs" a patent - Whether service of notice of writ should have been allowed out of jurisdiction - Rules of the Supreme Court, O. 11, r. 1 (g), (i) - Whether breach committed "within the jurisdiction" - Whether claim for injunction ordering defendants to do or refrain from doing anything "within the jurisdiction" - Whether English Court was forum conveniens - Whether case was a proper one for service out of jurisdiction - Discretion of Court.

OWNERS OF BARGE "NORWHALE" v. MINISTRY OF DEFENCE (THE "NORWHALE")

[1975] 1 Lloyd's Rep 610

Limitation - Action in rem - Jurisdiction - Barge sank in harbour due to misuse of aircraft carrier - No collision involved - Writ issued against owners of carrier some 512 years after cause of action arose - Whether action statute barred - Whether words of statute included managerial as well as navigational faults - Maritime Conventions Act, 1911, ss. 1 (1), 8, 9 (4).

TYNE TUGS LTD. AND OTHERS v. "ALDORA" (OWNERS) (THE "ALDORA")

[1975] 1 Lloyd's Rep 617

Salvage - Claim for salvage - Vessel running aground outside dredged channel leading to Blyth Harbour - Before salvage services required tugs and pilots already engaged to escort ship into harbour - Whether salvage claim restricted to getting ship off sandbank or extended to getting ship into harbour. Salvage - Salvage remuneration - Interest - Whether interest permissible on salvage award - Law Reform (Miscellaneous Provisions) Act, 1934, s. 3 (1).

SEGOVIA COMPANIA NAVIERA S.A. OF PANAMA v. R. PAGNAN & F.LLI. OF PADOVA (THE "ARAGON")

[1975] 1 Lloyd's Rep 628

Charter-party (Time) - Nomination of loading port - Charterers hired vessel for "one time charter trip via safe ports East Coast Canada" - Whether charterers entitled to order vessel to proceed to U.S. Gulf - Whether owners entitled to additional hire-New York Produce Exchange Time Charter form.

MARDORF PEACH & CO. LTD. v. ATTICA SEA CARRIERS CORPORATION OF LIBERIA (THE "LACONIA")

[1975] 1 Lloyd's Rep 634

Charter-party (Time) - Hire - Withdrawal of vessel by shipowners for non-payment - Whether hire accepted before notice of withdrawal received by charterers.

WILSON, SMITHETT & COPE LTD. v. TERRUZZI

[1975] 1 Lloyd's Rep 642

Contract - Illegality - Exchange control - English broker employed by Italian principal resident in Italy to deal on London Metal Exchange - Claim by broker to be reimbursed in respect of transactions effected - Whether transactions authorized by principal - Whether transactions unenforceable on ground of prohibition by Italian exchange control regulation - Whether transactions "exchange contracts" - Bretton Woods Fund Agreement, art. VIII (2)(b).

GLOBAL TANKERS INC. v. AMERCOAT EUROPA N.V.

[1975] 1 Lloyd's Rep 666

Contract - Guarantee - Anti-corrosive painting of vessel's tanks - 3-year guarantee "backed by insurance"-Claim under guarantee - Offer of "£120,800 in full and complete settlement". . . "A sum of this magnitude must come from the Insurance"-Whether offer conditional on underwriters' paying agreed sum to defendants - Whether offer accepted on behalf of plaintiff shipowners or whether counter-offer made.

ACKBAR v. C. F. GREEN & CO. LTD.

[1975] 1 Lloyd's Rep 673

Limitation of action - Period of limitation - Passenger in lorry sustained personal injuries in accident - Action against lorry driver statute barred - Whether action for breach of contract could be maintained against insurance brokers for failing to obtain passenger liability cover on lorry - Limitation Act, 1939, s. 2 (1).

GREYHOUND CORPORATION AND GREYHOUND LINES INC. v. CHESTER AND ORION INSURANCE CO. LTD.; CHESTER AND ORION INSURANCE CO. LTD. v. GENERAL FIRE AND CASUALTY CO. (THIRD PARTIES)

[1975] 1 Lloyd's Rep 677

United States - Insurance (Liability) - Third party plaintiffs issued excess insurance policy- Claims settled for payments in excess of $1,500,000 - Whether liable for share of expenditure in defence of claims.