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CARTLEDGE AND OTHERS v. E. JOPLING & SONS, LTD.

Limitation of action - Pneumoconiosis - Ventilation of factory-Breach of duty by fettlers' employers causing pneumoconiosis -Dispute as to when cause of action accrued - Onus of proof - Liability of employers.

[1963] 1 Lloyd's Rep. 1

REARDON SMITH LINE, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD CARLTON STEAMSHIP COMPANY, LTD., AND CAMBAY STEAMSHIP COMPANY, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD CAPE OF GOOD HOPE MOTOR SHIP COMPANY, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD (THE VANCOUVER STRIKE CASES)

Charter-party-Demurrage-Strike-Duties of charterers when loading port becomes strike-bound-Option to load alternative cargo-Calculation of lay days-Meaning of "weather working day."

[1963] 1 Lloyd's Rep. 12

AIKEN v. PORT OF LONDON AUTHORITY

Master and servant-Safe premises-Means of access - Lighting - Floor of warehouse - Obstruction - Injury to bogie driver - Liability of defendants as employers and/or as occupiers of warehouse - Factories Act, 1937, Sect. 26 (as amended by F.A., 1959, Sect. 5) - Factories (Standards of Lighting) Regulations, 1941.

[1963] 1 Lloyd's Rep. 44

VERNON v. BRITISH TRANSPORT COMMISSION

Master and servant - Unnecessary risk - Safe-plant - Coal tipper - Fatal injuries to employee - Foreseeability - Liability of employers - Alleged contributory negligence.

[1963] 1 Lloyd's Rep. 55

THE "ST. MERRIEL"

Admiralty Court - Jurisdiction - Possessory lien on ship held by ship-repairers in respect of "owners' repairs" ordered by demise charterers - Whether an "other charge on any ship" - Administration of Justice Act, 1956, Sect. 3 (3). -Action "in rem" by ship-repairers against shipowners in respect of "owners' repairs" ordered by demise charterers - Liability of shipowners "in personam" - Whether demise charterers were beneficial owners of ship - Administration of Justice Act, 1956, Sect. 3 (4). Repairs to ship - Liability of shipowners in action "in rem" by ship-repairers for "owners' repairs" ordered by demise charterers.

[1963] 1 Lloyd's Rep. 63

THE "FRISTON"

Collision - River - Starboard-hand rule - Vessel rounding bend in river - Signals - Look-out - Speed - Port of London River By-laws, 1938 and 1958, Rule 38(a).

[1963] 1 Lloyd's Rep. 74

BARCLAYS BANK, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

Bills of lading - Documents of title - Pledge of goods - Whether bills of lading, after completion of contract of carriage, were still documents of title enabling effective pledge to be made by owners of goods.

[1963] 1 Lloyd's Rep. 81

HONEYWOOD v. D. BADCOCK (WHARVES), LTD.

Master and servant-Unnecessary risk-System of working-Unloading spelter from hold of vessel at wharf-Injury to dock worker-Liability of employers-Docks Regulations, 1934, Regulation 41.

[1963] 1 Lloyd's Rep. 91

THE "FILBY QUEEN"

Collision - Vessels approaching on opposite courses-Look-out.

[1963] 1 Lloyd's Rep. 95

THE "CENTURITY"

Negligent navigation - Putting by - Vessels meeting at harbour entrance.

[1963] 1 Lloyd's Rep. 99

THE "CARL JULIUS"

Collision-River-Vessel crossing channel-Look-out-Signals- St. Lawrence Seaway-Rules of the Road for the Great Lakes, 1954, Rule 31.

[1963] 1 Lloyd's Rep. 104

COUGHLIN v. NAVIGATION MARITIME BULGARE

Occupiers' Liability Act, 1957-Duty of care -Injury to stevedore working in hold of vessel - Whether hole existed in bilge board-Liability of shipowners.

[1963] 1 Lloyd's Rep. 113

ROPER v. SCRUTTONS, LTD.

Master and servant - Unnecessary risk - Slippery floor-Ice on floor of refrigerated hold in vessel-Stevedore injured in fall -Liability of employers.

[1963] 1 Lloyd's Rep. 120

McCUTCHEON v. DAVID MACBRAYNE, LTD.

Carriage by sea-Conditions of carriage-Total loss of motor car carried on vessel - Liability of carriers-Whether contract of carriage was subject to carriers' conditions of carriage.

[1963] 1 Lloyd's Rep. 123

PEARSON v. NORTHEAST AIRLINES, INC.

Conflict of laws - United States - Wrongful death statute of "locus delicti" embodying limitation on damages - Whether applicable in whole or in part by forum- Full Faith and Credit Clause - Due Process Clause - Substance-procedure dichotomy-Proper law for calculation of interest on judgment. Carriage by air-Death of passenger-Whether "quantum" of damages limited by "lex loci delicti" or "lex fori".

[1963] 1 Lloyd's Rep. 130

AYLMER v. VICKERS-ARMSTRONGS (ENGINEERS), LTD.

Shipbuilding Regulations, 1931-"Safe means of access shall be provided" - Injury to fitter descending gangway from ship under construction - Liability of employers - Regulation 1.

[1963] 1 Lloyd's Rep. 147

LAURENT v. SALE & CO.

Champerty-Assignment of debts-Action by assignee to recover from debtors-Whether assignments were champertous and could be pleaded as defence to action.

[1963] 1 Lloyd's Rep. 157

WELLER v. THOMAS WALLIS, LTD.

Master and servant-Safe system of working- Unnecessary risk-Stevedore's fall in hold of vessel allegedly due to oil patch - Liability of employers-Foreseeability of risk.

[1963] 1 Lloyd's Rep. 178

AMIS v. SMITH'S DOCK COMPANY, LTD., AND BARBER & HERON, LTD.

Negligence - Duty of care - Shot-blasting - Plater's labourer injured in fall from gangway to staging beside ship in dry dock-Whether fall due to cloud of dust and grit resulting from shot-blasting operations by contractors - Liability of contractors. Master and servant - Means of access - Plater's labourer injured in fall from gangway -Liability of employers-Shipbuilding Regulations, 1931, Regulation 1-Factories Act, 1937, Sect. 26 (2).

-System of working-Shot-blasting in vicinity of employee's place of work- Injury to employee-Liability of employers.

[1963] 1 Lloyd's Rep. 181

THE "SITALA"

Collision - Fog - Radar - Excessive speed - Alteration of course-Absence of plotting -Whether radar observation sufficient ascertainment of position justifying not stopping engines on hearing fog signal from other vessel-Collision Regulations, 1954, Rule 16 (b).

[1963] 1 Lloyd's Rep. 205

GOVERNMENT OF CEYLON v. CHANDRIS

Arbitration - Award - Motion to set aside - Misconduct of umpire - Alleged mis-reception of evidence-Whether award of fees to arbitrators and umpire "ultra vires".

[1963] 1 Lloyd's Rep. 214

JONES v. THOMAS

Thames Conservancy Act, 1932 - "Passing vessels"-Collision between river launch and sailing dinghy in River Thames - Whether launch "passing" dinghy, giving rise to duty on launch to navigate with special care and attention-Sect. 97.

[1963] 1 Lloyd's Rep. 242

FIDELITAS SHIPPING COMPANY, LTD. v. V/O EXPORTCHLEB

Charter-party-Cesser clause-Whether bill of lading gave shipowners lien for full amount of demurrage incurred at port of loading -Liability of charterers for demurrage- Meaning of "as per charter-party".

[1963] 1 Lloyd's Rep. 246

FRANCIS v. THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

Master and servant - System of working - Lighterman's fall while sweeping out barge -Alleged defective ceiling - Liability of employers (barge-owners) - Consideration of employers' system of working.

[1963] 1 Lloyd's Rep. 256

WATTS v. EMPIRE TRANSPORT COMPANY, LTD.

Master and servant - System of working - Disposal of galley refuse while at sea- Hand of infant catering boy trapped between refuse drum and ship's rail - Liability of shipowners.

[1963] 1 Lloyd's Rep. 263

DEGIORGIO v. PORT OF LONDON AUTHORITY

Master and servant - System of working - Fellow-employee-Alleged injury to dock worker while assisting to carry baulk of timber-Liability of employers.

[1963] 1 Lloyd's Rep. 266

RUBERY OWEN & CO., LTD. v. REA, LTD.

Bailment-Bailees for reward-Duty of care- Loss of goods in care of master porters- Negligence of watchmen - Liability of master porters.

[1963] 1 Lloyd's Rep. 279

THE "ATHAMAS" (OWNERS) v. DIG VIJAY CEMENT COMPANY, LTD.

Charter-party-Demurrage-"So near thereto as she may safely get"-Vessel prevented from proceeding up river to charter discharging port - Whether shipowners entitled to demurrage incurred at substituted port of discharge-Effect of length of delay and distance of substituted port from contract port of discharge.

[1963] 1 Lloyd's Rep. 287

THE "BRAMLEY MOORE"

Limitation of liability - Tug and tow in different ownership-Collision damage- Whether tug-owners entitled to limit their liability on tonnage of tug alone or on combined tonnage of tug and tow.

[1963] 1 Lloyd's Rep. 304

DONOVAN v. PACIFIC STEAM NAVIGATION COMPANY

Negligence - Reasonable care - Occupational hazard-Stowage of copper bars-Injury to stevedore unloading bars from hold of vessel - Alleged bad stowage - Liability of shipowners.

[1963] 1 Lloyd's Rep. 311

BROWN v. ROBERTS AND NICHOLLS

Road Traffic Act, 1930-Use of vehicle on a road without third-party insurance-Injury to pedestrian caused by negligence of passenger - Whether passenger using vehicle-Liability of driver in negligence and/or for loss resulting from breach of R.T.A., 1930.

[1963] 1 Lloyd's Rep. 314

CLARKE v. NATIONAL, INSURANCE AND GUARANTEE CORPORATION, LTD.

Motor insurance-"Unsafe or unroadworthy condition" - Overloading - Four-seater car carrying 9 persons, involved in accident-Denial of liability by insurers- Whether car being driven in an unsafe or unroadworthy condition.

[1963] 1 Lloyd's Rep. 322

UNITED MARKETING COMPANY v. HASHAM KARA

Principal and agent - Insurance not renewed by agent-Loss to principal by peril to be insured against-Liability of agent-Duty on agent to renew insurance without instructions from principal. Practice-Leave to adduce further evidence. -Fresh point taken on appeal.

[1963] 1 Lloyd's Rep. 331

DENNY, MOTT & DICKSON, LTD., AND OTHERS v. LYNN SHIPPING COMPANY, LTD.

Carriage by sea - Limitation of action - On-deck and under-deck cargo totally lost -Bills of lading incorporating Hague Rules and charter-party provision requiring arbitrator to be appointed "within twelve months of the date of final discharge"-Cargo-owners' claims against shipowners submitted to arbitration nearly two years after loss - Whether claims time-barred-Art. III, r. 6.

[1963] 1 Lloyd's Rep. 339

MONTICELLI v. SCRUTTONS, LTD.

Master and servant - System of working - Fellow-employee-Dock worker struck by descending load-Duty on topman to warn dock worker-Contributory negligence.

[1963] 1 Lloyd's Rep. 362

CLAYTON v. PACIFIC STEAM NAVIGATION COMPANY

Master and servant - System of working - Injury to ship's engineer touching piston to test lubrication-Lack of instruction- Liability of shipowners - Contributory negligence.

[1963] 1 Lloyd's Rep. 395

MILLER STEAMSHIP COMPANY, PTY., LTD. v. OVERSEAS TANKSHIP (U.K.), LTD. R. W. MILLER & CO., PTY., LTD. v. SAME* (THE "WAGON MOUND" (No. 2))

Negligence-Foreseeability of damage-Spillage of furnace oil from vessel in harbour- Fire-Damage to ships-Liability of demise charterer of vessel. Rylands v. Fletcher-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. Nuisance-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships- Whether public nuisance causing particular and direct injury to owners of ships- Liability of demise charterer of vessel.

[1963] 1 Lloyd's Rep. 402

W. N. LINDSAY & CO., LTD. v. EUROPEAN GRAIN & SHIPPING AGENCY, LTD.

London Cattle Food Trade Association (Inc.) Contract-Sampling and analysis-Admissibility of evidence in arbitration-Contract Form No. 6, Clauses 9, 10, 11, and Castor Clause. Sale of goods-Quality-Analysis of samples -Mowrah seed discovered in cattle food by microscopic analysis - Whether evidence of analysis admissible in arbitration-London Cattle Food Trade Association (Inc.) Contract Form No. 6.

[1963] 1 Lloyd's Rep. 437

THE "C.216"

Collision - Harbour - Tug and tow - Vessel manoeuvring from berth-Duty on tug and tow to hold back-Seamanship-Look-out. Tog and tow-Negligent navigation causing collision.

[1963] 1 Lloyd's Rep. 447

HARTLEY v. BEN LINE STEAMERS, LTD.

Master and servant-Unnecessary risk-Injury to stevedore receiving tar boiler in hold of vessel-Liability of employers.

[1963] 1 Lloyd's Rep. 468

DEVLIN v. POWER STEAMSHIP COMPANY, LTD.

Master and servant-Safe premises-Alleged slippery floor in meat handling room on board ship - Injury to ship's cook - Whether floor defective-Liability of shipowners-Delay in bringing action.

[1963] 1 Lloyd's Rep. 474

BAILEY (MALTA), LTD. v. BAILEY AND OTHERS

Company-Books-Council of Administration appointed by Government of Malta to run company - Right of directors to retain books - Malta Dockyard (Temporary Provision) Act, 1963.

[1963] 1 Lloyd's Rep. 479

HEDLEY BYRNE & CO., LTD. v. HELLER & PARTNERS, LTD.

Negligence-References as to credit-worthiness - Duty of care - Innocent but negligent misrepresentation by bank - Liability of bank for consequential loss by company- Whether special relationship existed between bank and company.

[1963] 1 Lloyd's Rep. 485

GHANA AGRICULTURAL DEVELOPMENT CORPORATION v. THE "HEINZ HORN" (OWNER)

Admiralty practice - Action "in rem" - Guarantee to secure release of vessel from arrest-Alleged dissolution of plaintiffs- Motion to strike out claim and obtain cancellation of guarantee. Practice-Motion that claim be struck out on ground that plaintiffs no longer existed.

[1963] 1 Lloyd's Rep. 522

THE "HENNING M'RSK"

Collision - Fog - River - Radar - Starboardside rule - Excessive speed - Collision Regulations, 1954, Rule 25 (a) - Mersey Channel Collision Rules, Rule 14.

[1963] 1 Lloyd's Rep. 526

SUMNER v. WILLIAM HENDERSON & SONS, LTD.

Master and servant-Contractors-Death of employee-Liability of employer for death of employee if caused by contractors' negligence. Practice - Preliminary point of law - Hypothetical decision.

[1963] 1 Lloyd's Rep. 537

LUDLOW v. SCRUTTONS, LTD.

Master and servant-Fellow-employee-Use of union purchase to remove hatch covers -Dock worker struck by hatch cover- Liability of employers.

[1963] 1 Lloyd's Rep. 541

ORSBORNE v. GRIMSBY EXCHANGE, LTD.

Master and servant - Unnecessary risk - Safe plant - Injury to motor-truck driver on starting engine of truck-Whether wrist fractured in that accident-Agreed medical reports-Liability of employers-Contributory negligence.

[1963] 1 Lloyd's Rep. 549

THE "REINA"

Admiralty practice-Ship's mortgage-Motion for judgment in default of appearance- Interest.

[1963] 1 Lloyd's Rep. 561

W. E. MARSHALL & CO. v. LEWIS & PEAT (RUBBER), LTD.

London Rubber Trade Association Contract Form No. 3-Quality-Rejection-Whether goods discharged into warehouse or delivered to factory - Allegation that buyers withdrew goods from factory contrary to contract terms and thereby lost right to claim arbitration although goods were not within contract-Meaning of "delivered" - C.i.f. Contract, Quality Clause (b) and (c).

[1963] 1 Lloyd's Rep. 562

BAILEY (MALTA), LTD. v. BAILEY AND OTHERS

Company-Books-Council of Administration appointed by Government of Malta to run company - Right of directors to retain books - Malta Dockyard (Temporary Provision) Act. 1963. Practice-Interlocutory proceedings-Whether Court precluded from granting whole relief claimed in action.

[1963] 1 Lloyd's Rep. 595

DAHILL v. SUGAR LINE, LTD.

Master and servant - System of working - Injury to seaman swinging from moving ship to shore-Liability of shipowners.

[1963] 1 Lloyd's Rep. 611

ATTORNEY-GENERAL v. BAILEY (MALTA), LTD.

Practice-Writ-Service out of the jurisdiction -Foreign corporation with divided chain of management - Whether writ properly served on proper person. Practice-Writ-Service within jurisdiction on officer of foreign corporation - Whether institution of proceedings by that corporation in England sufficient to enable corporation to be sued in England.

[1963] 1 Lloyd's Rep. 617

CHISHOLM v. BRITISH EUROPEAN AIRWAYS

Carriage by air - Passenger - Injury during turbulence-Alleged lack of supervision- Liability of aircraft owners-Carriage by Air Act, 1932, Schedule, Arts. 17, 20 (1).

[1963] 1 Lloyd's Rep. 626