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Lloyd's Law Reports RSS feed

A. TOMLINSON (HAULIERS), LTD. v. HEPBURN

Insurance - Goods in transit - Insurance effected by road carriers-Goods stolen - Whether goods off risk - Whether insurance on carriers' legal liability or on goods-Bailors' interest in policy.

[1965] 1 Lloyd's Rep. 1

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

Arbitration - Consultative case - Effect of Court's answer to question of law raised in consultative case if on further facts found later by umpire Court's answer would have been different-Differentiation between two forms of special case which may be stated under Arbitration Act, 1950, Sect. 21 (1).

[1965] 1 Lloyd's Rep. 13

BRAZIER v. MINISTRY OF DEFENCE

Master and servant-Fellow-employee- Alleged negligent use of hypodermic syringe causing needle to break in plaintiff- Liability of employers. "Res ipsa loquitur"-Injury due to needle of hypodermic syringe breaking in plaintiff in course of injection-Onus of proof. Limitation of action-Whether right of action arising from alleged negligent use of hypodermic syringe accrued more than three years before action brought-Limitation Act, 1939, as amended by Law Reform (Limitation of Actions, &c.) Act, 1954.

[1965] 1 Lloyd's Rep. 26

PRATT v. ROYAL MAIL LINES, LTD.

Negligence-Slippery deck on barge-Injury to lighterman-Whether due to oil patch- Whether oil fell from vessel alongside- Liability of shipowners.

[1965] 1 Lloyd's Rep. 43

JOHN CARTER (FINE WORSTEDS), LTD. v. HANSON HAULAGE (LEEDS), LTD.

Carriage of goods-Goods stolen with help of carriers' driver-Negligence of carriers in engaging driver-Alleged fundamental breach of contract of carriage-Applicability of exceptions clause in contract- Liability of carrier to consignors-Conditions of Carriage of the Road Haulage Association, Ltd., Clause 7. Carriers-Dishonest driver-Loss of goods in transit-Whether negligence of carriers in engaging driver constituted fundamental breach of contract precluding carriers from relying on exception clause-Liability of carriers to consignors. Contract - Fundamental breach - Whether carriers' negligence in employing dishonest driver and/or their failure to deliver constituted fundamental breach.

[1965] 1 Lloyd's Rep. 49

ROBINSON v. THE "ALNWICK" (OWNERS) AND THE "BRAEMAR" (OWNERS) (THE "ALNWICK")

Admiralty practice-Limitation of action- Claim for damages for loss of life on board vessel-Motion to stay proceedings- Maritime Conventions Act, 1911, Sect. 8 -Applicability to non-colliding vessel- Discretion of Court to extend time-Effect of Law Reform (Limitation of Actions, &c.) Act, 1954.

[1965] 1 Lloyd's Rep. 69

WILKINS v. ATLE STEVEDORING, LTD.

Master and servant-Fellow-employees-Injury to stevedore by swinging set of timber-Lack of co-ordination between members of team-No evidence adduced by defendants-Liability of defendant employers.

[1965] 1 Lloyd's Rep. 94

THE "YORK"

Collision - River - Look-out-Vessels passing starboard to starboard-Duty to give clear indication of intention.

[1965] 1 Lloyd's Rep. 97

THE "DAYSPRING"

Collision-Signals-Look-out-Duty to sound signal when altering course-Helmsman's view obstructed by bows of his vessel.

[1965] 1 Lloyd's Rep. 103

FACER v. VEHICLE & GENERAL INSURANCE COMPANY, LTD.

Motor insurance-Non-disclosure-Material fact disclosed by insured to insurers' agents' sub-agent but not entered by sub-agent on proposal form-Whether insurers entitled to avoid policy.

[1965] 1 Lloyd's Rep. 113

CROW'S TRANSPORT, LTD. v. PHOENIX ASSURANCE COMPANY, LTD.

Goods in transit insurance-Commencement of risk-Goods stolen while awaiting loading on to insured's vehicle - Liability of insurers-Meaning of "during the course of transit" and "in transit per insured's vehicles".

[1965] 1 Lloyd's Rep. 139

WARD v. JAMES

Practice-Trial by Jury in personal injury cases-Discretion of Judge-Meaning of "absolute"-Power of Court of Appeal to review discretion-Considerations relevant to exercise of discretion-Power of Court of Appeal to correct Juries' awards- Guidance to be given to Juries-Order 36, r. 1 (3)-Administration of Justice Act, 1933, Sect. 6.

[1965] 1 Lloyd's Rep. 145

TAYLOR v. ALLON

Road Traffic Act, 1960-Third-party risks insurance-Effect of temporary cover note contained in renewal notice-Whether user of vehicle aware of, and acted on, such temporary cover note.

[1965] 1 Lloyd's Rep. 155

SUISSE ATLANTIQUE SOCIETE D'ARMEMENT MARITIME S.A. v. N.V. ROTTERDAMSCHE KOLEN CENTRALE

Charter-party - Consecutive voyages - Detention -Delays by charterers in loading and discharging cargoes preventing vessel performing more voyages in charter time -Whether shipowners entitled to damages (less demurrage payments) for loss of further freights-Effect of deliberate breach by charterers-Whether payments of demurrage by charterers precluded shipowners from recovering further damages.

[1965] 1 Lloyd's Rep. 166

THE "CONET"

Admiralty practice-Costs of proceedings for arrest and sale of vessel-Priorities- County Courts Act, 1959, Sect. 47 (3).

[1965] 1 Lloyd's Rep. 195

COMPANIA NAVIERA TERMAR S.A. v. TRADAX EXPORT S.A.

Charter-party - Demurrage - "Time used in shifting from . . . anchorage to . . . berth in Hull not to count as laytime"-Whether delay (due to insufficiency of depth of water) for charterers' or shipowners' account-Baltimore Berth Grain Charter Party.

[1965] 1 Lloyd's Rep. 198

WALDEN v. COURT LINE, LTD.

Master and servant-Unnecessary risk-Ship's cook struck and injured by fellow-seaman -Alleged negligence of master in continuing to employ violent seaman.

[1965] 1 Lloyd's Rep. 214

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

Arbitration-Case stated-Effect of Court's answer to question of law raised in consultative case if on further facts found later by umpire Court's answer would have been different-Differentiation between forms of special cases stated under Arbitration Act, 1950, Sect. 21.

[1965] 1 Lloyd's Rep. 223

THE "NASSAU"

Admiralty practice-Interest on damages- Delay in bringing action to trial.

[1965] 1 Lloyd's Rep. 236

THE "WORLD HARMONY"

Practice-Writ-Motion to set aside writ and/or renewal and/or service of notice out of jurisdiction-Jurisdiction of Court to entertain action "in personam" against foreign corporation (Administration of Justice Act, 1956, Sect. 4)-Allegation that defendants had been deprived of defence by renewal of writ (R.S.C., Order 8, r. 1)-Whether a cause of action against defendants disclosed-Proceedings pending in other countries-R.S.C., Order 11, r. 1A-Power of Court to make order limiting plaintiffs' claim in action.

[1965] 1 Lloyd's Rep. 244

THE "BRITISH AVIATOR"

Collision-Fog-Radar-Misuse-Alteration of course-Excessive speed-Failure to stop engines and navigate with caution-Bad look-out-Collision Regulations, 1954, Rule 16-M.O.T. Notice No. M.445- Meaning of proviso to Maritime Conventions Act, 1911, Sect. 1.

[1965] 1 Lloyd's Rep. 271

SMITH v. ALEXANDER AND ALEXANDER

Road Traffic Act, 1960-Third-party risks insurance-Whether policy and certificate of insurance effective retrospectively and were in force at time of offence although obtained after offence.

[1965] 1 Lloyd's Rep. 283

THE "HENFIELD"

Collision - Fog - Radar - Inadequate watch - Narrow channel - Excessive speed - Alteration of course before sighting.

[1965] 1 Lloyd's Rep. 285

THE "RHUYS"

Salvage-Anchoring services to partly disabled vessel in gale.

[1965] 1 Lloyd's Rep. 291

WM. CORY & SON, LTD. v. COMMISSIONERS OF INLAND REVENUE

Revenue-Stamp duty-Conveyance or transfer on sale-Transfer of shares under option agreement before exercise of option - Whether transfers chargeable for stamp duty as conveyances on sale - Whether option agreement a contract for sale - Stamp Act, 1891, Sects. 54, 59-Meaning of "on sale".

[1965] 1 Lloyd's Rep. 313

ROBINSON v. THE "ALNWICK" (OWNERS) AND THE "BRAEMAR" (OWNERS) (THE "ALNWICK")

Admiralty practice - Limitation of action - Claim for damages for loss of life on board vessel - Motion to stay proceedings - Maritime Conventions Act, 1911, Sect. 8 - Applicability to non-colliding vessel - Discretion of Court to extend time-Effect of Law Reform (Limitation of Actions, &c.) Act, 1954.

[1965] 1 Lloyd's Rep. 320

"THE LADY GWENDOLEN"

Limitation of liability - "Actual fault or privity"-Collision due to negligent use of radar and navigation of vessel by master -Duty on owners to impress upon master urgency of use of radar in fog.

[1965] 1 Lloyd's Rep. 335

PRINCE v. MINISTRY OF DEFENCE (THE "PRAIA DA ADRAGA")

Master and servant-System of working- Alleged unsuitable vessel for disembarking pilot-Injury to pilot while disembarking from tug into Admiralty tug-Liability of employers (Crown)- Contributory negligence.

[1965] 1 Lloyd's Rep. 354

HELMVILLE, LTD. v. YORKSHIRE INSURANCE COMPANY, LTD. (THE "MEDINA PRINCESS")

Marine insurance-Constructive total loss alleged by assured - Insured value, £350,000; sound value, £65,000; damaged value, nil-Proof of damage. -Partial loss-Measure of indemnity -Date for quantification - Vessel not repaired or sold when policy expired- Whether assured entitled, as part of cost of repairs, to (a) discharging expenses at port where casualty occurred during voyage; (b) estimated cost of towing vessel to port of repair; (c) crew's wages during repair period; (d) surveyors' fees; and (e) drydocking dues at port of repair-Marine Insurance Act, 1906, Sect. 69.

[1965] 1 Lloyd's Rep. 361

UNIVERSAL GUARANTEE PTY., LTD. v. NATIONAL BANK OF AUSTRALASIA, LTD.

Banking - Deposits - Inaccurate receipts - Variation between deposit slip and carbon copy-Liability of bank. -Bank acting as collecting and paying bank-Effect where indorsements forged on cheques. -Cheques - Named payee - Crossed: "Not Negotiable, Account Payee Only" - Payee's indorsement forged - Cheques also indorsed fraudulently by authorized officer: "Endorsement Guaranteed" -Drawer's account debited and identical account credited-Liability of bank-Whether bank entitled to act as collecting bank and paying bank.

[1965] 1 Lloyd's Rep. 525

SUISSE ATLANTIQUE SOCIETE D'ARMEMENT MARITIME S.A. v. N.V. ROTTERDAMSCHE KOLEN CENTRALE

Charter-party - Consecutive voyages - Detention-Delays by charterers in loading and discharging cargoes preventing vessel performing more voyages in charter time -Whether shipowners entitled to damages (less demurrage payments) for loss of further freights-Effect of deliberate breach by charterers-Whether payments of demurrage by charterers precluded shipowners from recovering further damages.

[1965] 1 Lloyd's Rep. 533

NUNNEN v. A. E. SMITH COGGINS, LTD.

Master and servant-System of working- Inexperienced worker-Alleged lack of instruction to quay porter engaged in discharging cargo in bags from hold of vessel.

[1965] 1 Lloyd's Rep. 543

THE "WESTPORT" (No. 1)

Admiralty practice-Appraisement and sale of vessel "pendente lite"-Motion by owners of vessel under arrest.

[1965] 1 Lloyd's Rep. 547

THE "FAIRWIND"

Admiralty practice-Settlement of liability, costs and reference of claims in collision action-R.S.C., Order 75, r. 33 (1)-Form of order incorporating terms of agreement.

[1965] 1 Lloyd's Rep. 548

THE "WESTPORT" (No. 2)

Admiralty practice-Motion for judgment in default of defence-Motion for order that Admiralty Marshal should arrange repairs to vessel.

[1965] 1 Lloyd's Rep. 549

DEPENDABLE MARINE COMPANY LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

Purchase Tax Act, 1963-"Boats and other vessels large enough to carry human beings"-Whether Ski-Craft within that description and accordingly exempted from purchase tax-Exemption (3) to Group 20 in Part I of Schedule 1 of Purchase Tax Act, 1963-Meaning of "boat" and "vessel".

[1965] 1 Lloyd's Rep. 550

BENEFICIAL FINANCE CORPORATION, LTD. v. PRICE

Merchant Shipping Act, 1894-Australia- Prohibition of dealing with ship-Jurisdiction of Court-Whether "the court having the principal civil jurisdiction"-Sect. 30.

[1965] 1 Lloyd's Rep. 556

PRACTICE DIRECTION

Central Office-Judgments and orders where money is directed to be transferred to, or paid into, a County Court under Order 80, rr. 14 and 15.

[1965] 1 Lloyd's Rep. 563

PRACTICE NOTE

Nautical and other Assessors in the Court of Appeal-Admiralty Appeals.

[1965] 1 Lloyd's Rep. 564

THE "ACRUX"

Admiralty Court-Jurisdiction-Action "in rem" against proceeds of sale of vessel in respect of crew's social insurance contributions- Administration of Justice Act, 1956, Sect. 1 (1) (c), (o). Maritime lien-Italian seamen's social insurance contributions-Recognized as maritime lien under Italian law-Whether recognized by English law as a maritime lien.

[1965] 1 Lloyd's Rep. 565

PRESIDENT OF INDIA v. EDINA COMPANIA NAVIERA S.A. (THE "STAMATIOS G. EMBIRICOS")

Charter-party - Laytime - "Overtime work ordered by Port . . . Authorities . . . shall be shared equally between Owners and Charterers, and half such time so used to count as laytime"-Whether applicable during (a) time before laytime commenced; (b) laytime; (c) excepted time-Centrocon Lighterage Clause-Meaning of "to count".

[1965] 1 Lloyd's Rep. 574

SULLIVAN v. MacANDREWS & CO., LTD.

Negligence-Unnecessary risk-Winch-Slack wire lying on deck of vessel-Injury to winch-driver (dock worker)-Liability of shipowners-Contributory negligence.

[1965] 1 Lloyd's Rep. 590

MONTROSE CANNED FOODS, LTD. v. ERIC WELLS (MERCHANTS), LTD.

Arbitration-Award-Procedure-Award made by arbitrators without hearing one party- Motion to set aside or remit award- Whether aggrieved party bound to invoke trade association's appeal procedure before seeking remedy from Court-National Dried Fruit Trade Association.

[1965] 1 Lloyd's Rep. 597

PRACTICE DIRECTION

Applications for leave to amend specification under Sect. 30 of Patents Act, 1949- Order 95, r. 19 (a)

[1965] 1 Lloyd's Rep. 604