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Lloyd's Law Reports RSS feed

ARTA SHIPPING CO. LTD. v. THAI EUROPE TAPIOCA SERVICE LTD. (THE "JOHNNY")

Charter-party (Time)-Hire-Redelivery-Vessel chartered for 11/13 months-Charterers fixed vessel for legitimate last voyage Continent to Karachi-Vessel redelivered 29 days late-Whether hire for 29 days to be based on market rate for a time charter "trip" or market rate for an 11/13 months time charter-Baltimore charter-party, cl. 7.

[1977] 2 Lloyd's Rep. 1

PORT SUDAN COTTON CO. v. GOVINDASWAMY CHETTIAR & SONS

Sale of goods (f.o.b.)-Non-delivery-Validity of contract-Goods to be shipped "Destination India"-Buyers intended goods to be shipped to Rumania-Sellers refused to ship goods-Whether buyers entitled to have goods shipped irrespective of destination-Whether cables between buyers and sellers varied contract-Whether sellers estopped from relying on clause "Destination India".

[1977] 2 Lloyd's Rep. 5

THE "GENIMAR"

Collision - Crossing vessels - Vessels proceeding in opposite direction in Dover Strait - Traffic separation scheme in existence - Visibility Varying between three and four miles - One vessel proceeding in wrong lane in contravention of traffic separation scheme - Apportionment of liability - Collision Regulations, rr 19, 21.

[1977] 2 Lloyd's Rep. 17

E.D. & F. MAN LTD. v. NIGERIAN SWEETS & CONFECTIONERY CO. LTD.

Banking - Irrevocable letter of credit - Sale of goods - Sellers and bank treated letters of credit as mere formality - Insolvency of issuing bank - Whether letters of credit absolute payment discharging buyers from liability - Whether letters of credit analogous to bill of exchange - Whether sellers could look to buyers for payment.

[1977] 2 Lloyd's Rep. 50

SALSI v. JETSPEED AIR SERVICES LTD.

Carriage by air - Breach of contract - Principal and agent - Plaintiff chartered aircraft through defendants for carriage of goods from Rome to Lagos - Flight failed to take place - Whether defendants acting as principals or agents - Whether plaintiff entitled to return of deposit - Whether defendants could rely upon standard trading conditions of Institute of Freight Forwarders.

[1977] 2 Lloyd's Rep. 57

GEISMAR v. SUN ALLIANCE AND LONDON INSURANCE LTD AND ALLIANCE ASSURANCE CO. LTD.

Insurance (Theft) - Indemnity - Contents of house insured - Insured imported dutiable articles but failed to pay duty - Articles stolen - Whether insurers relieved from indemnifying insured on ground of public policy - Whether insurers would commit a criminal offence if insured indemnified for loss of articles - Customs and Excise Act, 1952, s.304.

[1977] 2 Lloyd's Rep. 62

HOLLINGWORTH v. SOUTHERN FERRIES LTD. (THE "EAGLE")

Contract - Carriage by sea - Exemption clause - Intending passenger leaving holiday travel arrangements to friend - Friend given shipowners' brochure by travel agent - Brochure containing exemption clause - Friend subsequently given ticket also containing exemption clause - Both clauses read by friend - Passenger injured when restaurant chair fell during storm at sea - Whether shipowners negligent - Whether shipowners could plead exemption clause as defence. Damages - Quantum - Plaintiff aged 71 - Back injury - Pain in back at all times - Plaintiff rendered less mobile - Inability to raise left leg without difficulty - Muscles of left hip, knee and foot weakened.

[1977] 2 Lloyd's Rep. 70

SEA-LAND SERVICE INC. v. AETNA INSURANCE CO. (THE "BEAUREGARD")

General average - Towage - Vessel stranded in harbour - Tug engaged to tow her off strand - Tow-line snapped - Vessel pushed sideways by wind and waves - Bottom damage suffered - Claim by shipowners for general average contribution for costs of towage and bottom damage - Whether bottom damage "direct consequence" of general average act - York-Antwerp Rules 1950, rr.A,C,E - United States.

[1977] 2 Lloyd's Rep. 84

THE "NOWY SACZ"

Collision-Crossing/overtaking vessels-Collision at night in clear weather-Vessels proceeding in same direction - Liability for collision - Whether crossing rules or overtaking rules applied - Apportionment of liability - Regulations for Preventing Collisions at Sea, 1960, rr. 19, 21 proviso.

[1977] 2 Lloyd's Rep. 91

THE "BERWYN"

Limitation of liability - Wreck removal - Statutory debt - Harbour authority removed sunken ship - Whether entitled to recover costs of removal as statutory debt - Whether shipowners' liability limited - Mersey Docks and Harbour Board Act, 1954, s. 3 (3) - Merchant Shipping Acts, 1894 to 1974.

[1977] 2 Lloyd's Rep. 99

JOHN HAYTER MOTOR UNDERWRITING AGENCIES LTD. v. R.B.H.S. AGENCIES LTD.

Practice - Procedure - Injunction - Passing off - One motor underwriting syndicate at Lloyd's alleged to be passing itself off as another syndicate - Application by other syndicate for interlocutory injunction to restrain such passing off - Whether confusion between syndicates likely to arise - Whether interlocutory injunction should be granted.

[1977] 2 Lloyd's Rep. 105

THE "POLO II"

Admiralty practice - Action in rem - Costs - Arrest of vessel - Admiralty Registrar made order for costs - Whether plaintiffs could appeal against order - Whether Admiralty Registrar had erred in exercise of his discretion - Supreme Court of Judicature (Consolidation) Act, 1925, s. 50.

[1977] 2 Lloyd's Rep. 115

MOSCOW V/O EXPORTKHLEB v. HELMVILLE LTD. (THE "JOCELYNE")

Charter-party (Voyage) - Arbitration clause - Stay of action - Clause stating that all claims barred if arbitrator not appointed by claimant within stated period after delivery of goods - Charter-party to be superseded by bill of lading if bill of lading in specified form - Bill of lading issued but not in specified form - No arbitration clause in bill of lading - Goods damaged - Action brought by charterer against shipowner - Application by shipowner for stay of action - Whether charter-party including arbitration clause still governed relationship between parties. Arbitration - Appointment of arbitrator - Court's power to extend time for appointment - Factors to be considered - "Undue hardship" - Arbitration Act 1950, s. 27.

[1977] 2 Lloyd's Rep. 121

ISMAIL v. THE POLISH OCEAN LINES

Arbitration - Award - Notice of motion to remit - Extension of time - Award published more than eight months before notice of motion issued - Notice of motion out of time - Whether owners application for extension of time ought to be granted - R.S.C., O.3, r. 5(2), O. 73, r. 5(i) (a).

[1977] 2 Lloyd's Rep. 134

MINERACOAS BRASILIERAS REUNIDAS v. E.F. MARINE S.A. (THE "FREIGHTS QUEEN")

Conflict of laws - Proper law - Bill of lading - Whether bill of lading governed by English law - Service of writ out of jurisdiction - Whether Court in the exercise of its discretion should have granted leave - Whether writ and all subsequent proceedings should be set aside.

[1977] 2 Lloyd's Rep. 140

INTERTRADEX S.A. v. LESIEUR-TOURTEAUX S.A.R.L.

Sale of goods (c.i.f.) - Non-delivery - Frustration - Force majeure - Sale of Mali groundnut expellers - Sellers unable to deliver because of interruptions in supply of raw materials and/or breakdown of machinery - Whether contract frustrated - Whether sellers could rely on cl. 22 - GAFTA 100.

[1977] 2 Lloyd's Rep. 146

TRADAX EXPORT S.A. v. CARAPELLI S.P.A.

Sale of goods (f.o.b.) - Prohibition - Circle contract - Whether telex agreement of April/May 1973 established a circle - Whether buyers liable to sellers - Whether buyers entitled to rely on prohibition clause - GAFTA contract form No. 119, cl. 23.

[1977] 2 Lloyd's Rep. 157

ANDRE & CIE. S.A. v. ETS. MICHEL BLANC & FILS

Sale of goods (c.i.f.) - Prohibition - U.S. Government restricted export of soya bean meal to 40 per cent. - Sellers requested extension of time - Buyers accepted 40 per cent. of June shipment - Whether sellers released from obligation to ship balance - Whether sellers protected by cl. 21 of GAFTA 100 - Whether sellers misrepresented American regulations - Misrepresentation Act, 1967, s.2(1).

[1977] 2 Lloyd's Rep. 166

FOTHERGILL v. MONARCH AIRLINES LTD.

Carriage by air - Limitation of liability - Damage to luggage - Loss of part of contents - Notice of claim given over a month later - Carrier rejected claim as being out of time - Whether "damage" in art. 26 of the warsaw Convention included loss of contents of registered baggage - Whether notice given sufficient - Warsaw Convention, arts. 4(1)(c), 18(1), 19, 22(2)(b), 26.

[1977] 2 Lloyd's Rep. 184

K. CHELLARAM & SONS (LONDON) LTD. v. BUTLERS WAREHOUSING AND DISTRIBUTION LTD.

Warehousekeeper - Lien - General lien - Contract between warehousekeeper and customers giving general lien over goods for money due from customers and goods owners - Whether general lien effective against goods owner - General Conditions of Contract of National Association of Warehousekeepers, cl. 8.

[1977] 2 Lloyd's Rep. 192

CZARNIKOW LTD. v. CENTRALA HANDLU ZAGRANICZNEGO "ROLIMPEX"

Sale of goods (f.o.b.) - Prohibition of export - Force majeure - Sugar sold to English merchants by Polish state enterprise - Clause in contract excusing non-delivery caused by force majeure including government intervention - Export of sugar forbidden by decree of Polish government - Whether sellers could rely on clause.

[1977] 2 Lloyd's Rep. 201

THE "GIACINTO MOTTA"

Collision - Damages - Limitation of liability - Both vessels equally to blame for collision - Cargo-owners claim settled in proceedings in United Stales - Whether damages recoverable in English proceedings included cargo claim - Whether amount of cargo claim could be taken into account in distribution of limitation fund - Maritime Conventions Act, 1911, s. 1 - Merchant Shipping Acts, 1894 to 1974.

[1977] 2 Lloyd's Rep. 221

THE "MYRTO"

Admiralty practice - Appraisement and sale of ship - Two mortgages on vessel executed by owners - Vessel subsequently let out under speculative charter-party - Mortgage debt not repaid - Vessel arrested - Application by mortgagees for order for appraisement and sale of vessel - Objection by owners - Application by charterers for release of vessel from arrest - Whether mortgagees' security impaired.

[1977] 2 Lloyd's Rep. 243

THE "CUNARD CARRIER", "ELERANTA" AND "MARTHA"

Charter-party (Voyage) - Demurrage - Cesser clause - Sale of goods - Charterers and/or receivers failed to pay balance of demurrage - Whether owners had effective lien over cargo - Expiry of limitation period in charter-party and GAFTA contracts - Whether owners' and charterers' application for extension of time should be granted - Arbitration Act, 1950, s. 27.

[1977] 2 Lloyd's Rep. 261

BEDFORD STEAMSHIP CO. LTD. v. NAVICO A.G. (THE "IONIAN SKIPPER")

Charter-party (Voyage) - Demurrage - Deadfreight - Charterers loaded less than nominated quality of wheat - No deduction made for deadfreight - Whether owners' claim for increased demurrage could be set off against overpayment by charterers in respect of deadfreight.

[1977] 2 Lloyd's Rep. 273

COMPANIA SUD AMERICANA DE VAPORES v. SHIPMAIR B.V. (THE "TENO")

Charter-party (Time) - Hire - Vessel unable to load full cargo due to breakdown in ballast pipe line - Whether charterers entitled to off hire claim - Whether charterers claim for unliquidated damages in respect of cargo shut out a defence - Whether set-off available against owners claim for balance of hire.

[1977] 2 Lloyd's Rep. 289

CANADIAN YACHT SALES v. MacDONALD

Sale of ship - Fundamental breach - Breach of warranty - Buyer examined boat at boat show - Buyer sailed boat during 1972 season - Finish of hull below waler line blistered - Whether doctrine of caveat emptor applied - Whether implied warranty as to the fitness of the boat for the purpose for which it was sold - Canada.

[1977] 2 Lloyd's Rep. 298

AMALGAMATED METAL CORPORATION LTD. v. KHOON SENG CO.

Arbitration - Award - Notice of appeal to be given within 21 days - Letter by sellers requesting extension - Extension granted subject to conditions - Conditions not complied with - Whether letter a valid notice of appeal - Whether award final and conclusive.

[1977] 2 Lloyd's Rep. 310

THE "DESPINA R"

Admiralty practice - Collision - Damages in foreign currency - Loss and expense incurred in foreign currencies - Whether damages could be awarded in foreign currency - Restitution in integrum - Whether damages awarded in foreign currencies on the basis of the currency of expenditure or loss solution - Effect of set-off where claims in different currencies.

[1977] 2 Lloyd's Rep. 319

BREMER HANDELSGESELLSCHAFT m.b.H. v. VANDEN AVENNE-IZEGEM P.V.B.A.

Sale of goods (c.i.f.) - Prohibition of export - Sale of U.S. soya bean meal c.i.f. Rotterdam - Embargo on export of soya bean meal imposed by U.S. Government - Whether sellers excused by terms of contract from failure to deliver - Whether contract frustrated - Whether buyers' rights under contract had been waived-GAFTA form 100.

[1977] 2 Lloyd's Rep. 329

GRANVIAS OCEANICAS ARMADORA S.A. v. JIBSEN TRADING CO. (THE "KAVO PEIRATIS")

Charter-party (Voyage) - Demurrage - Vessel earned demurrage at loading and discharging ports - Charterers denied liability for demurrage at discharging port - Whether existence of lien over cargo at discharging port sufficient to relieve charterers of liability. Arbitration - Special case - Abuse of procedure - Whether charterers' application for special case justified.

[1977] 2 Lloyd's Rep. 344

SEABRIDGE SHIPPING LTD. v. ANTCO SHIPPING LTD. (THE "FURNESS BRIDGE")

Charter-party (Voyage) - Arbitration - Restraint of princes clause - Outbreak of Arab-Israel war - Charterers unable to ship petroleum from Libya - Owners treated contract as repudiated - Whether charterers could rely on exception of restraint of princes - Whether charterers, on findings in award, had discharged burden of proof - Exxonvoy 1969.

[1977] 2 Lloyd's Rep. 367

TOEPFER v. SCHWARZE

Sale of goods (c.i.f.) - Prohibition - Non-delivery - Sale of U.S. soya bean meal c.i.f. Weser - Embargo on export imposed by U.S. Government - Whether sellers excused by terms of contract for failure to deliver - GAFTA form 100.

[1977] 2 Lloyd's Rep. 380

RASU MARITIMA S.A. v. PERTAMINA

Practice - Injunction - Charter-party - Non-payment of hire-Owners withdrew vessel- Owner's claimed damages for breach and repudiation of charter-party - Whether owners application for injunction to restrain removal or disposal of assets from within jurisdiction should be granted.

[1977] 2 Lloyd's Rep. 397

ARMADORA OCCIDENTAL S.A. & ORS. v. HORACE MANN INSURANCE CO.

Insurance (Marine)-Conflict of laws-Proper law of contract-Policies of insurance issued by American and other foreign companies-Policies contained "follow London" and New York suable clauses-Action brought in England- Whether application for leave to serve notice of writ out of jurisdiction should be granted- R.S.C., O. 11. r. 1(1)(f)(iii).

[1977] 2 Lloyd's Rep. 406

COOKSON v. KNOWLES

Damages - Fatal accident - Widow claimed damages-Date at which earnings to be ascertained and interest payable-Whether effect of inflation should be taken into account-Fatal Accidents Acts, 1846 to 1959-Law Reform (Miscellaneous Provisions) Act, 1934.

[1977] 2 Lloyd's Rep. 412

THE "ARAWA"

Admiralty practice-Bill of lading-Shipowners arranged lighterage of cargo from ship's side to wharf-Whether arrangements authorized by bill of lading-Damage to cargo caused by delays in landing-Whether shipowners liable for negligence of wharfinger-Whether shipowners protected by Hague Rules and/or exemption clauses in bills of lading-Hague Rules, arts. III (2), IV(2)(j), (q).

[1977] 2 Lloyd's Rep. 416

THE "THEODOHOS"

Admiralty practice-Action in personam-Writ served on president of shipowners-Whether service on shipowners-Whether R.S.C., O. 65, r. 3 applicable to foreign companies-Whether service could be effected on foreign company not carrying on business at a place within the jurisdiction- R.S.C., O. 65, r. 3-Companies Act, 1948.

[1977] 2 Lloyd's Rep. 428

HELMSING SCHIFFAHRTS G.M.B.H. & CO. K.G. v. MALTA DRYDOCKS CORPORATION AND OTHERS

Sale of ship-Interest-Shipowners demanded return of the 10 per cent. "plus-up" which they had paid for extras and which had not been used-Whether shipowners entitled to return from date of delivery of vessels-Appropriate rate of interest applicable-Whether English, Maltese or German rates applied.

[1977] 2 Lloyd's Rep. 444

HILL v. JAMES CROWE (CASES) LTD.

Product liability-Negligence-Personal injury- Plaintiff injured when packing case on which he was standing caved in-Whether case badly made-Whether manufacturers negligent- Quantum of damages.

[1977] 2 Lloyd's Rep. 450

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG JR.

Sale of goods (c.i.f.)-Prohibition of export-Force majeure-U.S. soya bean meal sold c.i.f. Rotterdam-Shipment to be made monthly April/September, 1973-Embargo on shipment of U.S. soya bean meal imposed by U.S. Department of Commerce-Whether buyer had waived rights to performance under June bills of lading-GAFTA form No. 100.

[1977] 2 Lloyd's Rep. 467

TRADAX EXPORT S.A. v. ANDRE & CIE S.A.

Sale of goods (c.i.f.)-Appropriation-Sellers tendered notice of appropriation-Buyers rejected notice as being out of time-Whether sellers in default-Whether burden of proof on buyers or sellers-Date of default-GAFTA 100, cl. 10.

[1977] 2 Lloyd's Rep. 484

EXPORTELISA S.A. v. GIUSEPPE & FIGLI SOC. COLL

Sale of goods (f.o.b.)-Non-delivery-Argentine state organ extended monopoly to include Candeal and/or Taganrog wheat-Sellers could only buy wheat from state organ-Prevented from fulfilling contract-Whether sellers protected by prohibition clause-GAFTA 64, cl. 14.

[1977] 2 Lloyd's Rep. 494

VOLKSWAGENWERK A.G. AND WOLFSBURGER TRANSPORT GESELLSCHAFT M.B.H. v. INTERNATIONAL MUTUAL STRIKE ASSURANCE CO. (BERMUDA) LTD.

Insurance (Marine) - Mutual insurance - Shipowner insured against strikes of persons on shore but not against strikes of crews - Calls made by association on members to contribute to losses caused by strikes - Whether amount of calls properly calculated - Whether association under duty to administer separate fund for calls on members insured against shore risks only and those insured against shore risks and also against strikes of crews.

[1977] 2 Lloyd's Rep. 503

PARSONS (LIVESTOCK) LTD. v. UTTLEY INGHAM & CO. LTD.

Product liability - Sale of goods - Breach of warranty - Remoteness of damage - Faulty installation of storage hopper - Pignuts stored in hopper turned mouldy - Outbreak of "E coli" disease caused illness and death of pigs - Whether sellers of hopper liable for loss suffered by pig farmers - Sale of Goods Act, 1893, s. 14 (1).

[1977] 2 Lloyd's Rep. 522

THE "BERNY"

Admiralty practice - Action in rem - Short delivery - Whether cargo-owners entitled to institute proceedings against more than one of shipowners' ships - Practice of naming sister ships in writ in rem considered - Whether writs properly renewed - Whether action should be stayed or dismissed - Whether shipowners bound by letter of undertaking - Administration of Justice Act 1956 s. 3(4) - Hague Rules art. III, r.6.

[1977] 2 Lloyd's Rep. 533

KAWASAKI STEEL CORPORATION v. SARDOIL S.P.A. (THE "ZUIHO MARU")

Charter-party (Voyage) - Demurrage - Frustration - Rationing system imposed on production of petroleum - Vessel only able to load 93 per cent. of cargo - Whether contract frustrated - Whether owners could claim dead freight and demurrage - Whether impossible or illegal to load full cargo.

[1977] 2 Lloyd's Rep. 552

HARKER v. CALEDONIAN INSURANCE CO.

Insurance (Motor) - Limitation of liability - Construction of Ordinance - Personal injuries - Motor accident occurred in British Honduras - Whether insurers entitled to limit liability under policy - British Honduras Motor Vehicles Insurance (Third Party Risks) Ordinance, 1958, ss.4, 20.

[1977] 2 Lloyd's Rep. 556

LIBERIAN INSURANCE AGENCY INC. v. MOSSE

Insurance (Marine)-Non-disclosure-Enamelware described as "cups and plates in wooden cases" insured for voyage from Hong Kong to Monrovia-Goods damaged-Claim for indemnity-Repudiation by insurer of liability on ground of non-disclosure-Large part of consignment packed in cartons-Large proportion of goods touched up by overpainting-Cargo an end of stock or job lot purchase-Whether facts material-Whether disclosure waived-Effect of "held covered" clause-Whether insurer liable- Institute Cargo Clauses (All Risks). Quasi-contract-Indemnity-Discharge by plaintiffs of defendant's liability to third party-Claim by plaintiffs against defendant for indemnity- Requirements to be satisfied.

[1977] 2 Lloyd's Rep. 560

PHOEBUS D. KYPRIANOU COY. v. WM. H. PIM JNR. & CO. LTD.

Sale of goods (f.o.b.) - Default in performance - Quantum of damages - Falling market - Whether damages should be the difference between the contract price and the market price at the shipment date or earlier - Whether buyers' 10 per cent. option on contract quantities should be deducted in assessment of damages - GAFTA 79A, cl. 17.

[1977] 2 Lloyd's Rep. 570

WARINCO A.G. v. SAMOR S.P.A.

Sale of goods (f.o.b.)-Non-acceptance-Buyers alleged September oil did not comply with specification-Buyers advised sellers that October oil would also be refused if oil did not conform to contract-Whether buyers repudiated whole contract.

[1977] 2 Lloyd's Rep. 582

EUROPEAN GRAIN & SHIPPING LTD. v. DAVID GEDDES (PROTEINS) LTD.

Sale of goods - Delivery - Constructive delivery - Sellers sold 100 tons groundnut extraction to buyers - Whether sellers tender of delivery good - Whether goods "available for delivery" - Whether delivery order complied with contract - Whether sellers liable to repay buyers whole of purchase price - GAFTA 109.

[1977] 2 Lloyd's Rep. 591

TRADAX INTERNACIONAL S.A. v. GOLDSCHMIDT S.A.

Sale of goods (f.o.b.)-Non-acceptance-Certificate of quality showed 4.10 per cent. of foreign matter-Buyers rejected documents-Goods sold on "as is" basis to buyer-Whether sellers could claim balance of price-Whether buyers could recover payment made in respect of freight and demurrage-GAFTA 61, 62 and 64.

[1977] 2 Lloyd's Rep. 604

THORESEN CAR FERRIES LTD. v. WEYMOUTH PORTLAND BOROUGH COUNCIL

Contract-Offer and acceptance-Negotiations between shipowners and council for use of terminal at Weymouth-Shipowners subsequently informed that facilities were withdrawn-Whether correspondence between parties constituted a contract-Whether council in breach of obligation to ensure harbour open to all persons-Harbours, Dock and Pier Clauses Act, 1847, s. 33

[1977] 2 Lloyd's Rep. 614