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Lloyd's Law Reports RSS feed

GIAN SINGH & CO. LTD. v. BANQUE DE L'INDOCHINE

Banking - Banker's commercial credit - Sale of fishing vessel - Credit to be opened by buyer in favour of seller - Payment to be made to seller by bank on production of certificate by buyer's agent that vessel was satisfactory - Payment made by bank - Allegation by buyer that certificate was forged - Whether proof of forgery established - Whether buyer liable to reimburse bank for sum paid - Uniform Customs and Practice for Documentary Credits (1962 revised), arts. 7, 9.

[1974] 2 Lloyd's Rep. 1

BELL v. GALYNSKI AND A. KINGS LOFT EXTENSIONS LTD.

Negligence - Damage to plaintiff's loft allegedly caused by builder employed by plaintiff's neighbour -Repairs carried out by builder employed by plaintiff - Account for repairs sent to neighbour - Cheque "in full and final settlement of plaintiff's claim" sent to plaintiff by neighbour's builder - Cheque cleared through plaintiff's bank - Whether claim compromised so as to stop plaintiff claiming for additional damage.

[1974] 2 Lloyd's Rep. 13

R. v. THAMES MAGISTRATES' COURT, EX PARTE POLEMIS (THE "CORINTHIC")

Procedure - Natural justice - Master of vessel convicted of unlawfully discharging oil into dock - Whether reasonable opportunity of presenting case given to him - Whether breach of rules of natural justice - Prevention of Oil Pollution Act, 1971, s. 2 (1) (a).

[1974] 2 Lloyd's Rep. 16

NATIONAL ENTERPRISES LTD. v. RACAL COMMUNICATIONS LTD.

Arbitration - Appointment of arbitrator - Arbitration agreement provided for reference of dispute to arbitrator appointed by third party - Dispute - Third party declined to appoint arbitrator - Whether Court has jurisdiction to appoint arbitrator - Arbitration Act, 1950, s. 10 (a).

[1974] 2 Lloyd's Rep. 21

DAVIS & CO. (WINES) LTD. v. AFA-MINERVA (E.M.I.) LTD.

Contract - Burglar alarm system fitted by electrical contractors - Premises broken into and stock stolen - Wires leading from alarm control panel severed - Failure of alarm bell to work once control panel wrenched off - Claim by owners of premises against contractors - Whether contractors bad installed alarm system in negligent manner - Whether contractors in breach of implied term that system was reasonably fit for purpose - Whether contractors liable for innocent misrepresentation that bell would continue to ring once wires were severed - Misrepresentation Act, 1967, s. 2 (1). Damages - Misrepresentation - Innocent misrepresentation - Liability for consequential damage - Misrepresentation Act, 1967, s. 2 (1).

[1974] 2 Lloyd's Rep. 27

CONCORD PETROLEUM CORPORATION v. GOSFORD MARINE PANAMA S.A. (THE "ALBAZERO")

Carriage by sea - Breach of contract - Substantial damages - Agreement between consignor and carrier for carriage of cargo - Cost of carriage to be paid by consignor - Ship sinking on voyage with loss of cargo - Property in and right in cargo passed to consignee before date of loss - Whether consignor entitled to maintain action for substantial damages - Action by consignor for loss of cargo - Consignor no longer having interest in cargo at date of loss. Sale of goods - Passing of property - Reservation of right of disposal - Bill of lading - Cargo deliverable to order of consignors - Presumption rebuttable - C.i.f. contract between associated companies - Fulfilment of conditions imposed by consignor or seller - Seller's agent dispatching endorsed bills of lading to buyer by post during voyage and before loss - Whether property passing on date bill of lading posted - Sale of Goods Act, 1893, s. 19 (1), (2).

[1974] 2 Lloyd's Rep. 38

E. B. AABY'S REDERI A/S v. THE UNION OF INDIA (THE "EVJE")

Charter-party (Voyage) - Arbitration clause - Baltimore Berth Grain Charter-party Form C - Centrocon arbitration clause incorporated - Claim barred if arbitrator not appointed within 12 months of date of final discharge - Vessel running out of fuel oil - Tug hired - Claim by shipowners for general average contribution from charterers - Undertaking by charterers to pay general average contribution "which may be legally due" - Arbitrator not appointed within time limit - Whether claim a "dispute" within arbitration clause - Whether charterers liable on undertaking - York-Antwerp Rules, 1950. General average - Undertaking by charterers to pay - Whether of contractual effect - York-Antwerp Rules, 1950. Arbitration - Appointment of arbitrator - Extension of time for appointment - Discretion of Court - No undue hardship - Arbitration Act, 1950, s. 27.

[1974] 2 Lloyd's Rep. 57

L. LUCAS LTD. v. EXPORT CREDITS GUARANTEE DEPARTMENT

Guarantee - Goods sold by English sellers to Egyptian buyers - Price to be paid in U.S. dollars - Guarantee by Export Credits Guarantee Department to pay sellers 90 per cent. of loss if price not paid due to imposition of exchange control in United Arab Republic - Price not paid due to imposition of control - 90 per cent. of loss paid to sellers in pounds sterling - Exchange controls lifted - Full price paid by buyers to sellers in U.S. dollars - Department repaid by sellers sum paid to them - Sum received by sellers more valuable because of devaluation of pound sterling - Whether sellers could keep additional sum or had to pay 90 per cent. of it to Department.

[1974] 2 Lloyd's Rep. 69

CRIPPS v. ETHERINGTON ELECTRICAL SERVICES LTD.

Negligence - Electrician ordered by employers to do electrical work in cattle-pen at farm - Cattle-pen occupied by calves - Electrician working on ladder 412 to 5ft. above ground - Apprentice electrician instructed to keep calves away from ladder - Calf knocking apprentice on to ladder causing electrician to fall - Electrician injured - Whether employers liable. Damages - Electrician, aged 60, injured in fall from ladder - Injury to left wrist - Ability to work until 70 - Need to use both hands - Award of £1500 by way of general damages - Whether award too high.

[1974] 2 Lloyd's Rep. 77

EDWARDS v. WIGGINS TEAPE LTD.

Damages - Personal injury - Paper worker, aged 30, employed at paper mill - Loss of three fingers trapped in moving rollers - Skin-grafting required on back of hand - Employee's subsequent return to pre-accident work - Danger of future loss of work - General damages of £3750 awarded - Whether award too low.

[1974] 2 Lloyd's Rep. 86

NORWEST HOLST GROUP ADMINISTRATION LTD. v. SECRETARY OF STATE FOR EMPLOYMENT

Docks and harbours - Selective employment payment - Construction company building passage linking two docks at Liverpool - Whether work fell within item 341 of order VII or item 500 of order XX of Standard Industrial Classification - Whether company entitled to selective employment payment - Selective Employment Payments Act, 1966.

[1974] 2 Lloyd's Rep. 89

SUMNER v. PORT OF LONDON AUTHORITY AND SOUTHERN STEVEDORES LTD.

Negligence - Fall of angle irons from sling - Fork-lift truck driver passing underneath killed - Whether employers should have provided headguard for truck - Whether stevedores negligent in securing load - Whether driver guilty of contributory negligence.

[1974] 2 Lloyd's Rep. 92

DALMIA CEMENT LTD. v. NATIONAL BANK OF PAKISTAN

Conflict of laws - Swiss arbitration award - Guarantee by Pakistani bank given to Indian company that third party would perform contract - Contract not performed - Dispute referred to arbitrator - Awards that bank pay company specified sum in India - India, but not Pakistan, parties to Convention on enforcement of arbitration awards set out in Arbitration Act 1950, Sched. 2 - Whether arbitrator's awards enforceable in England - Arbitration Act 1950, ss. 26, 35, 36.

[1974] 2 Lloyd's Rep. 98

BANK OF NEW SOUTH WALES v. ROSS, STUCKEY AND MORAWA

Western Australia - Banking - Cheque drawn by syndicate and paid into construction company's account - Account overdrawn - Agreement by bank to pay cheque drawn by company in favour of third party - Syndicate's cheque stopped - Payment to third party made before notice of dishonour of syndicate's cheque - Whether bank entitled, as holder in due course, to lien on syndicate's cheque - Whether bank had good title to cheque.

[1974] 2 Lloyd's Rep. 110

CADDEN v. CORFIELD AND OSMOND

Damages - Personal injury - Lorry driver, aged 64, suffering injury to right leg - Soft tissues of leg damaged and discomfort caused - Employment as driver resumed 14 days later - Retirement on reaching age limit of 65 eight months later - Offer by employers of job as packer refused because of pain in leg - Whether refusal justified - £150 general damages awarded, but nothing for special damages in respect of loss of job as packer - Whether award too low.

[1974] 2 Lloyd's Rep. 117

RYDER (TRADING AS STAR SCHOOL OF MOTORING), RYDER AND PINCHING v. W. BARTON

Damages - Personal injury - Driver of car and her passenger injured in collision with car driven by other motorist - Injuries to driver consisting of haematoma on head, scar on lip, aggravation of existing strain in her back, and headaches, giddiness and depression - General damages of £1575 awarded - Injuries to passenger consisting of abrasion of knee, headaches, whiplash injury to cervical spine, and depression - General damages of £2620 awarded - Whether awards too high.

[1974] 2 Lloyd's Rep. 124

CANNON v. MILES (trading as PHOENIX MOTORS)

Contract - Order for new Morgan car placed by plaintiff with defendant - Defendant to inform plaintiff if manufacturer's price was increased - Plaintiff's right to cancel order within 7 days if price was increased - Defendant's right to cancel if election not made within 7 days - Price increased by £180 - Plaintiff informing defendant that he would continue with order if defendant paid him compensation for failing to repair plaintiff's car already left for repair - Cancellation of contract by defendant - Whether cancellation justified. Contract - Repairs to be effected to M.G.A. car - Implied term that repairs to be effected only if car could be sold for more than cost of repairs - No repairs undertaken by repairer - Whether repairer in breach of contract.

[1974] 2 Lloyd's Rep. 129

ASKEW v. TARMAC ROADSTONE HOLDINGS LTD.

Negligence - Lorry going over side of loading dock whilst reversing - Whether brakes working properly - Whether employers should have provided adequate guard rail for side of dock - Whether driver guilty of contributory negligence.

[1974] 2 Lloyd's Rep. 133

THE "ESSO MALAYSIA"

Collision - Latvian trawler colliding with Panamanian tanker outside territorial waters of U.S.A. - Russian crew of trawler killed - Claim by administrator of their estates for damages under the Fatal Accidents Acts, 1846 to 1959 - Whether statutes applicable. Statute - Extra territorial effect - Fatal Accidents Acts, 1846 to 1959.

[1974] 2 Lloyd's Rep. 143

COMPAGNIA INDUSTRIALE LAVORAZIONE SEMI OLEOSI S.p.a. v. ALFRED C. TOEPFER

Sale of goods (c.i.f.) - Rapeseed sold by German sellers to Italian buyers c.i.f. Civitavecchia - Guaranteed price for rapeseed fixed by E.E.C. authorities - International price lower than guaranteed price - Subsidy paid to sellers in DM by E.E.C. authorities - Buyers entitled under contract of sale to benefit of subsidy in U.S. dollars - Rate of exchange applicable - IOSA form no. 65.

[1974] 2 Lloyd's Rep. 148

ROBERTSON v. ELLERMAN LINES LTD.

Negligence - Dock worker off-loading carton, injured when foot went through dunnage - One layer of dunnage separating cargo of cartons and timber - Whether two layers should have been provided by shipowners - Whether shipowners negligent. Damages - Personal injury - Dock worker's back injured when foot went through dunnage - Chip fracture of vertebra - Intervertebral disc damaged - Low back pain.

[1974] 2 Lloyd's Rep. 161

BALMORAL SUPERMARKET LTD. v. BANK OF NEW ZEALAND

New Zealand - Banking - Money about to be paid into bank placed on counter in front of teller - Money stolen by robbers - Whether bank liable to account to customer.

[1974] 2 Lloyd's Rep. 164

TEXADA MINES PTY. LTD. v. THE SHIP "AFOVOS"

Australia - Docks and harbours - Damage to jetty and loader at Cape Cuvier - Whether vessel loading there was responsible - Whether jetty owner guilty of contributory negligence.

[1974] 2 Lloyd's Rep. 168

THE "TROLL RIVER"

Collision - Vessel proceeding down fairway in Nagoya Harbour - Incoming vessel awaiting pilot at entrance to harbour - Sudden movement by her into fairway and across bows of down-coming vessel - Whether incoming vessel solely to blame.

[1974] 2 Lloyd's Rep. 181

THE "ESCHERSHEIM"

Salvage - Admiralty actions in rem - Salvage operations off coast of Spain following collision between Sudanese ship and West German ship - Sudanese ship beached on Spanish coast becoming total loss and causing subsequent pollution - Action in Spain pending against owners of Sudanese ship and salvors - Whether claims within jurisdiction of Admiralty Court - Whether by terms of Lloyd's salvage agreement claims should be decided by arbitration - Whether Court should exercise its discretion and stay proceedings in England - Arbitration Act, 1950, s. 4 (1) - Administration of Justice Act, 1956, s. 1 (1), (d), (e), (g), (h), (j).

[1974] 2 Lloyd's Rep. 188

THE "MARTIN FIERRO"

Collision - Vessel proceeding up River Parana - Collision with other vessel coming down - Alleged negligent navigation - Regulations for Preventing Collisions at Sea, 1960 rr. 25 (a), 28 (a).

[1974] 2 Lloyd's Rep. 203

TRAMP SHIPPING CORPORATION v. GREENWICH MARINE INC. (THE "NEW HORIZON")

Charter-party (Voyage) - Demurrage - Strike clause - Time not to count if cargo could not be discharged by reason of a strike - Refusal of crane and suction workers to work except on day work - Custom for them to work 24 hours if asked - Whether drivers' refusal a "strike". Commercial Court - Practice - Early hearing of special cases.

[1974] 2 Lloyd's Rep. 210

CEHAVE N.V. v. BREMER HANDELGESELLSCHAFT m.b.H. (THE "HANSA NORD")

Sale of goods (c.i.f.) - Rejection - U.S. citrus pulp pellets discovered, on discharge, to be worth 60 per cent. less than goods of sound value - Rejection by buyers - Goods ordered by Court to be sold - Subsequent purchase by buyers at less than half damaged value - Whether goods of "merchantable quality" - Whether subsequent purchase by buyers "inconsistent with ownership of seller" - Sale of Goods Act 1893, ss. 14 (2), 35.

[1974] 2 Lloyd's Rep. 216

SMITH AND SMITH v. BLACKBURN

Damages - Personal injury - Head-on collision between cars on flyover - Driver and passenger in one car injured - Driver receiving cut on head and broken ankle - Passenger's face and thigh lacerated - Admission of liability by other driver who had driven up flyover the wrong way - Quantum of damages - Whether damages should be reduced because seat belts not being worn by driver and passenger. Negligence - Seat belts - Whether driver guilty of contributory negligence in not wearing seat belt.

[1974] 2 Lloyd's Rep. 229

TENAX STEAMSHIP CO. LTD. v. THE "BRIMNES" (OWNERS) (THE "BRIMNES")

Charter-party (Time) - Hire - Withdrawal of vessel by shipowners for non-payment - Whether payment made by charterers before withdrawal - Effect of order to bank to pay - Effect of withdrawal by telex - Whether right to withdraw waived - Whether new contract arose - "Payment to be made in cash". - "Otherwise failing punctual and regular payment owners shall be at liberty to withdraw". Banking - Transfer order - Whether receipt of order analogous to receipt of cheque.

[1974] 2 Lloyd's Rep. 241

DAVIDSON v. LLOYD AIRCRAFT SERVICES LTD.

Practice - Claim in respect of personal injuries or death - Production of documents - Order for discovery against a person not a party to proceedings - Extent of discovery - Disclosure to party's medical advisers only - Circumstances in which disclosure to legal advisers or to party himself should be ordered - Administration of Justice Act, 1970, s. 32 (1).

[1974] 2 Lloyd's Rep. 263

ALLAN & ANDERSON LTD. AND OTHERS v. A. H. BASSE REDERI A/S (THE "PIRAEUS")

Practice - Jurisdiction - Service of writ out of jurisdiction - Potatoes shipped at Alexandria for delivery at English and Welsh ports - Bills of lading signed by agents without shipowners' authority - Presentation of bills of lading by sellers to Egyptian bank under irrevocable credit opened by buyers - Documents in order - Sellers paid by bank - Arrival of potatoes in bad condition - Action by buyers against agents for damages for breach of warranty of authority - Whether warranty given and broken in Egypt - Whether leave to serve writ out of jurisdiction would be granted - R.S.C., O. 11, r. 1 (f), (g).

[1974] 2 Lloyd's Rep. 266

COENEN v. PAYNE AND ANOTHER PAYNE v. COENEN

Practice - Claim for personal injuries - Trial of issue of liability before trial of issue of damages - Circumstances in which order for separate trials should be made - Just and convenient - Time and expense involved in trying issue of damages - R.S.C., O. 33, r. 4 (2).

[1974] 2 Lloyd's Rep. 270

BRICE AND OTHERS v. J. H. WACKERBARTH (AUSTRALASIA) PTY. LTD., FLACK, DOMINION INSURANCE CO. LTD. AND ALLIANCE ASSURANCE CO. LTD., THIRD PARTIES

Practice - Third party procedure - Agents employed by insurers as "cover holders" in Australia - Professional indemnity insurance policies effected by agents with third party - Third party to be liable if original insurers obtained judgment against agents - Claim by insurers against agents for breach of duty - Third party brought into action - Whether proceedings against third party should be stayed.

[1974] 2 Lloyd's Rep. 274

MALIK CO. v. CENTRAL EUROPEAN TRADING AGENCY LTD. CENTRAL EUROPEAN TRADING AGENCY LTD. v. INDUSTRIE CHIMICHE ITALIA CENTRALE S.P.A.

Sale of goods (c.i.f.) - Export licence - Licence required for export of seeds from the Sudan - Duty of seller to take reasonable steps to obtain licence - Licence refused by Sudanese Ministry of Economics - Goods never shipped - Whether sellers could plead "prohibition of export" clause to relieve them from liability - Whether sellers had taken reasonable steps to obtain licence - Incorporated Oil Seed Association contract no. 67.

[1974] 2 Lloyd's Rep. 279

UNITED FRESH MEAT CO. LTD. v. CHARTERHOUSE COLD STORAGE LTD.

Contract - Fundamental breach - Contract by cold storage company to store cartons of frozen meat - Clause in contract excluding company's liability for negligence - Meat deteriorating through being stored at too high temperature - Whether company could rely on exclusion clause.

[1974] 2 Lloyd's Rep. 286

AMERICAN AIRLINES INC. v. HOPE; BANQUE SABBAG S.A.L. v. HOPE

Insurance (Aviation) - War risks - Aircraft destroyed on ground at Beirut airport by Israeli forces - War risks covered "at additional premium to be agreed leading underwriter" - No attempt to reach agreement - Whether clause as to liability arising out of "unprovoked incidents arising during normal course of assured's operations" incorporated into "slip" - Meaning of "as expiring" - Whether clause as to liability for incidents occurring "over Arab/Israel territory" applicable - Liability of insurers. Evidence - Admissibility of evidence as to intention and understanding of parties to insurance contract.

[1974] 2 Lloyd's Rep. 301

THE "BOLESLAW CHROBRY"

Collision - Vessel coming down River Tagus - Other vessel turning in river to cross from north to south side of Lisbon harbour - Alleged bad look-out on part of both vessels - Whether down coming vessel should have altered course to port - Whether at fault in going hard to starboard at improper time - Whether turning vessel solely to blame.

[1974] 2 Lloyd's Rep. 308

THE "SAVINA"

Collision - Crossing vessels - One vessel leaving roadstead at Ras Tanura and proceeding to sea - Other vessel moving from one part of roadstead to another - Whether bad look-out kept on both vessels - Whether vessel proceeding to sea at fault in altering speed - Whether other vessel should have stopped engines - Collision Regulations 1960, rr. 19, 21, 22, 27, 29.

[1974] 2 Lloyd's Rep. 317

EVANS v. GODBER

Harbour - Nature reserve - Yacht anchored in harbour part of a nature reserve - Yacht owner refused request of wardens of reserve to leave harbour - Whether yacht "moored" in harbour - Whether contravened National Parks and Access to the Countryside Act, 1949, s. 20 (2) - West Sussex County Council by-law 2 (1), as amended.

[1974] 2 Lloyd's Rep. 326

SIMPSON (INSPECTOR OF TAXES) v. JOHN REYNOLDS & CO. (INSURANCES) LTD.

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 (Sch. D., Case I).

[1974] 2 Lloyd's Rep. 334

WAY v. UNDERDOWN (INSPECTOR OF TAXES) (NO 2)

Income tax - Commissions on insurance premiums - Taxpayer agent for insurers - Taxpayer entitled to deduct amount of commission from premium paid by insured - Taxpayer reimbursed insured amount of commission - Cheque for premium less commission drawn on behalf of company and paid direct to insurers - Agent not receiving commission - Whether agent "entitled" to commission - Income Tax Act, 1952, s. 148.

[1974] 2 Lloyd's Rep. 345

THE "KONINGIN JULIANA"

Collision - Narrow channel - Meaning of "narrow channel" and "mid-channel" - Failure of vessel to keep to proper side - Failure to indicate change of course - Harwich Harbour Conservancy Board, By-Laws, 1954 - Collision Regulations, r. 25 (a).

[1974] 2 Lloyd's Rep. 353

LLOYDS BANK LTD. v. BUNDY

Banking - Guarantee - Customer asked by bank to guarantee son's company and to execute charge on house - Documents left with customer so that he could obtain independent advice - Documents signed by customer - Company in financial difficulties - Customer asked to sign further guarantee and charge - No opportunity given to customer to take independent advice - Documents signed - Whether bank under duty to show fiduciary care - Whether duty broken - Whether guarantee and charge should be set aside.

[1974] 2 Lloyd's Rep. 366

SOSTMAN v. SCRUTTONS MALTBY LTD. AND THOS. & JNO. BROCKLEBANK LTD.

Master and servant - Negligence - Shipping clerk leaving vessel's hold by ladder going up to deck - Chain attached to unsecured piece of machinery lying on deck - Chain was grasped to heave himself up - Machinery dragged into hold - Fall from ladder - Personal injuries suffered - Whether employers and owners of vessel negligent - Whether clerk guilty of contributory negligence.

[1974] 2 Lloyd's Rep. 379

WALTON v. NATIONAL EMPLOYERS' MUTUAL GENERAL INSURANCE ASSOCIATION LTD.

Australia - Insurance (Professional Indemnity) - Policy covering stockbroker against "any claim for which the insured is legally liable arising out of negligence in the conduct of the insured's business" - Order by client to purchase 10,190 shares - Only 9170 booked for client due to employee's error - Purchase of 1020 more shares at higher price made to complete transaction - Heavy loss incurred by stockbroker - Whether insurer liable to indemnify him.

[1974] 2 Lloyd's Rep. 385

STELWYRE LTD. v. KAWASAKI KISEN K.K., KERR STEAMSHIPS LTD., TORONTO HARBOUR COMMISSIONERS AND O. ROBERTSON TRANSPORT LTD. (THE "MASASHIMA MARU")

Canada - Bill of lading - Galvanized wire shipped at Kobe under clean bills of lading for delivery at Toronto - Wire stacked by Toronto harbour commissioners outside building on quay pending collection by owners - Wire found to be wet and rusty - Whether damage due to sea water - Whether wire insufficiently wrapped - Whether shipowners and/or harbour commissioners liable.

[1974] 2 Lloyd's Rep. 394

I/S STAVBORG v. NATIONAL METAL CONVERTERS INCORPORATED

United States - Arbitration - Jurisdiction of Federal Court to enter judgment on arbitration award - Federal Arbitration Act (9 U.S.C. s. 9.) United States - Arbitration - Award - Whether Court could reverse award on ground that it was clearly erroneous or manifestly in disregard of applicable law.

[1974] 2 Lloyd's Rep. 405

HALL & WODEHOUSE LTD. v. PANORAMA HOTEL PROPERTIES LTD.

Arbitration - Non-speaking award made in favour of plaintiffs - Leave to enforce award as judgment sought by plaintiffs - Application for award to be remitted to arbitrator for lack of clarity - Whether application should be granted - Arbitration Act 1950, s. 26.

[1974] 2 Lloyd's Rep. 413

GRIFFITHS v. TAYLOR

Negligence - Saucepan containing oil placed by defendant on stove set at "low" - Defendant leaving house for short time - Saucepan catching fire - Plaintiff, thinking there was immediate danger, seized saucepan - Oil spilled from saucepan onto floor - Plaintiff slipping and suffering burns - Whether defendant neglient.

[1974] 2 Lloyd's Rep. 420

THE "MARDINA MERCHANT"

Practice - Admiralty action in rem - Arrest of ship in deep water berth in port - Position of ship in berth - Serious inconvenience to running of port - Port authority having no interest in sale of ship - Whether port authority should be granted leave to intervene - Admiralty Marshal to have discretion as to where ship to be moved to - R.S.C., O. 75, r. 17 - Marshal does not insure ship under arrest.

[1974] 2 Lloyd's Rep. 424

THE "ORE CHIEF"

Negligence - River Schelde - Narrowing of channel from 600 to 400 metres and reduction of depth of channel where sandbank situated - Intention of one ship with greater speed to overtake other ship in channel - Ships in contact with each other by V.H.F. - Ships not observing navigation in inland waters' rules to give sound signals - Interaction caused when ships' passing resulting in overtaken ship going aground - No contact physically between ships - Causation of grounding - Whether overtaking ship guilty of negligence or overtaken ship of contributory negligence - Whether non-observance of rules relevant in assessing negligence - Rules of Navigation in Netherlands Inland Waters, art. 40.

[1974] 2 Lloyd's Rep. 427

ALDEBARAN COMPANIA MARITIMA S.A. v. AUSSENHANDEL A.G. (THE "DARRAH")

Charter-party (Voyage) - Demurrage - Notice of readiness to discharge given by vessel on becoming "arrived ship" under port charter-party - Port congested - Time lost by vessel in waiting for berth - Clause providing that "time lost in waiting for berth to count as laytime" - Whether clause independent of laytime provisions - "Gencon" form.

[1974] 2 Lloyd's Rep. 435

GALLAHER LTD. v. BRITISH ROAD SERVICES LTD. AND CONTAINERWAY & ROADFERRY LTD.

Carriage by road - Conditions of carriage - Limitation of liability - Agreement between consignors of cigarettes and carrier that carrier would fit security devices in lorries - Clause in contract of carriage limiting liability of carrier in case of loss of goods - Security device not set by driver of lorry - Lorry hi-jacked and cigarettes stolen - Whether limitation clause excluded liability for negligence - Whether fundamental breach of contract - Whether carrier entitled to limit liability. Contract - Fundamental breach - Security device not set by lorry driver - Lorry hi-jacked and load stolen - Whether fundamental breach of contract -Whether carrier entitled to rely on clause limiting liability.

[1974] 2 Lloyd's Rep 440

THE "MARINE SULPHUR QUEEN"

United States - Damages - Vessel sinking with loss of entire crew - Claims of some dependants settled - Quantum of damages to be awarded to other dependants - Basis of assessment - Death on the High Seas Act (46 U.S. Code s. 761 et seq.) - Jones Act (46 U.S. Code s. 688).

[1974] 2 Lloyd's Rep. 456

PRACTICE DIRECTION

Chambers procedure - Scripts in contentious probate actions

[1974] 2 Lloyd's Rep. 467

DAVIES v. THE MAYOR, ALDERMEN AND BURGESSES OF THE BOROUGH OF TENBY

Negligence - Plaintiff diving from high diving board erected by defendants - Plaintiff's neck broken - Whether water shallow - Whether plaintiff dived off side of board - Whether mountings of board loose - Whether defendants liable - Whether plaintiff guilty of contributory negligence. Damages - Personal injury - Quadriplegic - Whether damages in respect of nursing services recoverable - Whether damages in respect of loss of earnings in respect of years by which life span shortened recoverable. Procedure - Right of Court of Appeal to review trial Judge's finding of fact.

[1974] 2 Lloyd's Rep. 469

DICLAUDIO v. CATTELL AND BERRY

Damages - Personal injury - Plaintiff's head severely injured - Plaintiff returning to work four months later - No taste or sense of smell - Alleged change of personality - Risk of epilepsy - Quantum of damages.

[1974] 2 Lloyd's Rep. 486

NOKES v. SMITH

Damages - Personal injury - Injury to plaintiff's upper right arm causing loss of sensation - Plaintiff unable to make palm of hand flat - Skin graft needed on arm - Skin taken from thigh - Arm and thigh both disfigured - Quantum of damages.

[1974] 2 Lloyd's Rep. 491

APPLICATION DES GAZ S.A. v. FALKS VERITAS LTD.

Pleading - Claim for injunction - Effect of new legislation - Legislation enacted after close of pleadings - Question whether injunction should be granted to be determined by reference to law at date of trial - New legislation giving effect to law of European Economic Community - Action for infringement of copyright - Leave to amend defence - Allegation that injunction would assist plaintiff to abuse dominant position and to restrict competition in breach of community laws - Whether leave to amend should be given. European Economic Community - Implementation of treaty in United Kingdom - Rights etc. created by provisions of treaty - Rights created by provisions of treaty enforceable in English Courts - European Communities Act, 1972, s. 2(1).

[1974] 2 Lloyd's Rep. 493

GALL v. MANCHESTER SLATE CO. LTD.

Damages - Personal injury - Plaintiff's leg fractured - Popliteal nerve of foot damaged - Pain and discomfort for 12 months - Complete recovery and return to work after 18 months - Quantum of damages. Evidence - Admissibility - Medical reports as to injured plaintiff's condition agreed by both parties - Whether plaintiff's evidence as to his symptoms admissible.

[1974] 2 Lloyd's Rep. 525

BAGGALEY v. McENTIRE AND LENNON

Damages - Personal injury - Plaintiff's upper part of right breast lacerated - Scar 112 in. long - Right foot severely crushed - Plaintiff unable to pursue her intended career of domestic economist - Alternative work acquired - Quantum of damages.

[1974] 2 Lloyd's Rep. 528

S.C.A. (FREIGHT) LTD. v. GIBSON

Insurance (Goods in transit) - Policy against liability for damage to goods in transit issued to carrier - Books to be carried from Rome to Manchester - Books to be loaded on two lorries at Ciampino, near Rome - One lorry fully loaded and loading of other lorry not completed - Intention of drivers to start next day - Joy ride with full lorry to centre of Rome embarked on instead - Lorry overturned and books damaged - Whether transit had begun - Whether books had ceased to be in transit - Whether books "temporarily housed in lorry in normal course of transit" - Lloyd's Goods in Transit (C.M.R) form of policy. Insurance - Construction of policy - Intention of parties.

[1974] 2 Lloyd's Rep. 533

HENRY v. GEOPROSCO INTERNATIONAL LTD.

Conflict of laws - Foreign judgment - Enforceability - Plaintiff employed by defendant company for work on oil well in Trucial States - Company registered in Jersey - Contract made in Alberta and was to be interpreted according to laws of England - Arbitration clause in contract - Plaintiff dismissed - Claim in Albertan Courts by plaintiff for damages for wrongful dismissal - Motion by defendants to set aside statement of claim because Alberta was not forum conveniens and because of arbitration clause - Whether defendants had submitted to jurisdiction - Whether defendants had taken steps exclusively referable to the issue on the merits.

[1974] 2 Lloyd's Rep. 536

FROOM AND OTHERS v. BUTCHER

Negligence - Contributory negligence - Road accident - Plaintiff not wearing seat belt - Accident caused wholly by negligence of defendant - Plaintiff's injury more severe than it would have been if he had worn seat belt - Whether plaintiff guilty of contributory negligence.

[1974] 2 Lloyd's Rep. 541

LARKHAM v. LYNCH

Damages - Personal injury - Plaintiff's brain extensively damaged - Blindness in one eye - No sense of smell - Speech not normal - Loss of use of right hand - Right arm and right leg spastic - Memory impaired - Risk of epilepsy - Nursing by wife and father-in-law - Quantum of damages. Damages - Evidence - Use of actuarial tables in assessing quantum of damages.

[1974] 2 Lloyd's Rep. 544

DAVIES AND OTHERS v. WHITEWAYS CYDER CO. LTD. AND ANOTHER

Damages - Gifts by deceased to wife and son - Death caused by defendants' negligence - Wife and son liable to pay estate duty on gifts in consequence of death within seven year period - Whether wife and son entitled to recover amount of duty payable as damages - Fatal Accidents Act, 1846, s. 2.

[1974] 2 Lloyd's Rep. 556

WIRTH LTD. v. S.S. "ACADIA FOREST" AND LASH BARGE CG204; HOESCH SIEGERLANDWERKE A.G. SIEGEN v. SAME (THE "ACADIA FOREST")

United States - Bill of lading - Goods loaded on lash barge - Barge towed by tug to anchorage to await shipment on mother ship - Tow line snapping - Barge striking lock wall - Cargo damaged - Whether master of tug negligent - Whether barge a "ship" -Whether barge owners could plead defence of negligent navigation - United States Carriage of Goods by Sea Act, 1936, s. 4 (2) (46 U.S. Code s. 1304 (2)). United States - General average - Cargo on lash barge damaged - Barge unseaworthy - Whether barge owners entitled to claim general average contribution.

[1974] 2 Lloyd's Rep. 563

WALLEM SHIPPING (HONG KONG) LTD. AND TELFAIR SHIPPING CORPORATION v. OWNERS OF THE SHIP "PHILIPPINE ADMIRAL" (THE "PHILIPPINE ADMIRAL")

Conflict of laws - Jurisdiction - Foreign sovereign - Vessel built by Japan for Philippine Government - Vessel sold by Philippine Government to company - Government to retain ownership until purchase price paid - Vessel operated by company as ordinary trading vessel - Actions in rem brought by unpaid creditors - Whether Government could seek to have writ set aside on ground that foreign sovereign was being impleaded.

[1974] 2 Lloyd's 568

PRACTICE DIRECTION

Court and Chambers procedure - Judges' Chambers summonses and procedure summons.

[1974] 2 Lloyd's Rep. 589