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Lloyd's Law Reports RSS feed

SOCIETE ANONYME MARITIME ET COMMERCIALE v. ANGLO-IRANIAN OIL COMPANY, LTD.

Charter-party-Substitution of chartered vessel- Time-charter for series of voyages-Owners given option to substitute "vessel of similar size and position at any time before or during this charter-party" - Extent of option - Ambiguity-Right to substitute more than once.

[1954] 1 Lloyd's Rep. 1

CHAO AND OTHERS v. BRITISH TRADERS & SHIPPERS, LTD.

Sale of goods (c.i.f.)-Documents-Forged bills of lading-Late shipment-Bill of lading date false-Payment against documents by buyers' bank-Sub-sale by buyers-Rejection by sub-buyers -Retention of goods by buyers after becoming aware that shipment was out of time - Claim by buyers against sellers for return of price paid; alternatively, for damages; also, for loss of profit on sub-sale- Sellers' agents privy to fraud-Liability of sellers as principals-Right of buyers to reject -Duty to elect within reasonable time- Successive rights of rejection under c.i.f. contract-Whether bill of lading a nullity by reason of forgery - Documents pledged to bank-Whether amounting to acceptance by buyers-Sale of Goods Act, 1893, Sect. 35.

[1954] 1 Lloyd's Rep. 16

PRIOR v. KELVIN SHIPPING COMPANY, LTD.

Scotland - Practice - Mode of trial - Injuries sustained by seaman at sea-Alleged breach of good seamanship by chief officer-Right to appoint nautical assessor - "Maritime matter" - Nautical Assessors (Scotland) Act, 1894.

[1954] 1 Lloyd's Rep. 62

CAMPBELL MOSTYN (PROVISIONS), LTD. v. BARNETT TRADING COMPANY.

Sale of goods-Rejection by buyers-Measure of damages-Market value at date of breach- Availability of market disputed - Goods retained by sellers and sold at profit- Liability of buyers in damages-Sale of Goods Act, 1893, Sect. 50 (3).

[1954] 1 Lloyd's Rep. 65

MICHELE SOLBIATI, S.A. v. E.P.A. TRADING, LTD.

Sale of goods-Oral contract-Evidence of contract - Confirmation in writing - Note or memorandum introducing new terms-Samples supplied by sellers-Request by buyers for further samples-Acceptance of "part of the goods so sold" - Sale of Goods Act, 1893, Sect. 4.

[1954] 1 Lloyd's Rep. 71

THE "CATHERINE ETHEL."

Negligent navigation-Lock-Vessel being locked from sea into canal-Collapse of lock gates- Damage to vessel-Whether lock gates collapsed owing to their defective condition or to their being struck by vessel. Practice-Expert evidence-Exchange of information before trial.

[1954] 1 Lloyd's Rep. 84

WESTMINSTER CHEMICALS & PRODUCE, LTD. v. EICHHOLZ & LOESER.

Arbitration - Award - Validity - Jurisdiction of arbitrators-Sale of grain-Dispute-Arbitrators appointed by both parties-Umpire nominated by arbitrators-Umpire's award in favour of buyers-Jurisdiction of umpire to make award.

[1954] 1 Lloyd's Rep. 99

HALES v. PORT OF LONDON AUTHORITY.

Negligence-Safe premises-Means of access- System of working-Barge at quayside- Slipperiness of gunwale due to spilt sugar- Dock labourer injured in jumping down from barge to quay-Liability of employers.

[1954] 1 Lloyd's Rep. 116

STEPNEY v. PORT LINE, LTD., AND BIBBY LINE, LTD.

Negligence - Means of access - Ladder in ship's hold-Stevedore's fall from ladder-Alleged defective ladder - Liability of employers and/or shipowners-Docks Regulations, 1934, Regulation 11.

[1954] 1 Lloyd's Rep. 120

READING v. HARLAND & WOLFF, LTD.

Negligence - Means of access - Repair to ship's derrick-Windlass cover used as platform by scaler-Fall in descending from windlass- Whether ship-repairers under duty to provide staging-Risk incident to employment as scaler.

[1954] 1 Lloyd's Rep. 131

THE "ADELLEN."

Negligent navigation-Hampering-Undocking of vessel into river-Avoiding action taken by vessel proceeding up river-Causation-Duty of vessel emerging into river-Excessive speed of vessel proceeding up - Look-out - Tyne Improvement Commission By-laws, 1884, By-law 25.

[1954] 1 Lloyd's Rep. 138

PASFIELD v. HAY'S WHARF, LTD.

Negligence - System of working - Handling of bales of bacon-Use of trolley-Replacement of bale which had fallen off - Criticism of method of stacking-Dock labourer injured in lifting bale with assistance of fellow-employee - Alleged negligence of fellow-employee - Whether weight of bale excessive.

[1954] 1 Lloyd's Rep. 150

MACKENZIE v. LEACH & CO., LTD.

Negligence-Loading of lorry with barrels at wharf-Negligence of wharfingers' employees -Dislodgment of barrel from stack-Injury to lorry driver-Proof of arthritic condition- Whether attributable to accident.

[1954] 1 Lloyd's Rep. 157

BROWNE v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

Negligence-Safe premises-Unusual danger-Ship under going repairs in wet dock-Gap between catwalk and bulkhead in engine-room-Injury to boilermaker stepping into gap-Liability of shipowners as invitors-Whether danger "unusual" for experienced boilermaker.

[1954] 1 Lloyd's Rep. 159

SNEE v. J. H. DICKINSON & SON (STEVEDORES), LTD.

Negligence - Unloading of vessel - System of working-Use of baskets for loose collected- Custom of port (Hull) - Order to dock labourer to "throw" basket into hold - Whether dock labourer aware of customary meaning.

[1954] 1 Lloyd's Rep. 162

MILLER v. CORPORATION OF TRINITY HOUSE.

Workmen's compensation - Notice of claim - Accident to employee of lighthouse authority -Continuance in employment for number of years - Recurrence of effects of injury - Employee retired on pension - Claim over three years later to workmen's compensation- Whether made out of time - "Reasonable cause" for delay - Right of authority to set off superannuation payments-Source of payments - Merchant Shipping Act, 1894, Sects. 665 (1), 676 (1) (i)-Merchant Shipping (Mercantile Marine Fund) Act, 1898, Sect. 1-Workmen's Compensation Act, 1925, Sects. 9, 14.

[1954] 1 Lloyd's Rep. 164

NORTH OF SCOTLAND HYDRO-ELECTRIC BOARD v. DAVID MACBRAYNE, LTD.

Negligent navigation-Fouling of submarine cable by ship's anchor-Change of berth owing to gale - Use of anchor - Failure of anchor to hold-Drift arrested when anchor caught in cable-Damage to cable-Dispute as to its position-Master aware of existence of cable.

[1954] 1 Lloyd's Rep. 171

GIBBONS v. NATIONAL COAL BOARD.

Negligence-Loading of barge-Coal tip on bank of canal-Bargeman injured by movable platform (part of coal tip)-Liability of Coal Board-Contributory negligence.

[1954] 1 Lloyd's Rep. 181

HARPER v. MANCHESTER SHIP CANAL COMPANY.

Negligence - System of working - Unloading of vessel in dock-Use of ship's derricks and shore crane-Injury to dock labourer working ship's winch-Dock labourer in employ of dock authority-Alleged fouling of derrick fall by shore crane-Liability of dock authority.

[1954] 1 Lloyd's Rep. 192

RYAN v. T. F. MALTBY, LTD., AND THAMES WELDING COMPANY, LTD.

Negligence - Unusual danger - Docks - Mobile welding machine left unlighted at dockside- Stevedore's fall over towing bar-Liability of employers and/or owners of welding machine -Port of London Dock By-laws, By-law 50.

[1954] 1 Lloyd's Rep. 196

HUCKS v. HARDY.

Contract-Mooring of vessel-Mooring charges at repair yard-Purpose of mooring-Whether firm instructions given for repairs to be executed - Bailment - Liability of bailees (repair yard) for deterioration during period of mooring.

[1954] 1 Lloyd's Rep. 207

HEISLER v. ANGLO-DAL, LTD.

Contract-Sale of goods-Repudiation by buyers- Buyers to open letter of credit-Sellers to provide guarantee upon receiving bankers' confirmation (préavis) that credit would be opened-Waiver-Meaning of "guarantee"- Whether personal guarantee sufficient - Measure of damages.

[1954] 1 Lloyd's Rep. 212

WILSON v. COMPAGNIE DES MESSAGERIES MARITIMES.

Australia-Sea-Carriage of Goods Act, 1924- French bill of lading-Action commenced in N.S.W. for short delivery-Motion by shipping company for stay-Bill of lading clause providing for legal actions to be tried by French tribunal-Legality-Effect of Sect. 9 (2)-Jurisdiction of Australian Courts.

[1954] 1 Lloyd's Rep. 229

KIANTA OSAKEYHTIO v. BRITAIN & OVERSEAS TRADING COMPANY, LTD.

Arbitration - Award - Enforcement - Breach of foreign timber contract containing arbitration clause - Compromise of dispute, further contract being entered into, together with provisions for payment of compensation by English buyers-Further contract not carried out owing to outbreak of war-No payments made by buyers under "compensation" agreement-Award by foreign arbitration tribunal in favour of sellers-Jurisdiction of arbitrators - Applicability of arbitration clause in original contract-Foreign law- Arbitration Act, 1950, Sect. 37 (1) (a), (2) (c).

[1954] 1 Lloyd's Rep. 247

WILLS v. AMBLER.

Sale of ship-Breach of warranty-Oral warranty as to condition-Hull found to be rotten.

[1954] 1 Lloyd's Rep. 253

MACLEOD ROSS & CO., LTD. v. CRADOCK MANNERS, LTD.

Arbitration-Award-Enforcement-Award made by umpire appointed by arbitrators-Notice of appeal given to trade Association-Umpire not on Association's panel - Refusal by Association to hear appeal-Appeal to lapse if "not proceeded with" within certain period - Ambiguity - Validity of umpire's award-Rules of General Produce Brokers' Association of London, Rules 71, 90.

[1954] 1 Lloyd's Rep. 258

CLIFFORD v. PORT OF LONDON AUTHORITY.

Negligence - Safe plant - Defective ladder - Electrician's fall from ladder while attending to fuse-box in floating grain elevator - Condition of ladder.

[1954] 1 Lloyd's Rep. 264

PATTEN v. SCRUTTONS, LTD.

Negligence - Safe plant - Defective bogie - Driver's foot trapped when bogie failed to stop-Alleged defective brakes.

[1954] 1 Lloyd's Rep. 267

DONGWORTH v. HOULDER BROS. & CO., LTD.

Negligence-Safe premises-Defective guard rail in engine-room of vessel undergoing repair in wet dock-Injury to workman-Liability of shipowners.

[1954] 1 Lloyd's Rep. 272

MACKINNON v. IBERIA SHIPPING COMPANY, LTD.

International law-Torts-Foreign tort-Accident to seaman on board Scottish ship in foreign territorial waters-Claim for solatium-Law of Scotland-Necessity for proof that foreign law (as well as Scots law) admitted such claim-Law applicable to ships-Territorial sovereignty-Lex loci delicti.

[1954] 1 Lloyd's Rep. 275

THE "PRINS ALEXANDER."

Collision-Radar-Fog-Excessive speed- Alteration of course before visual sighting-Use of automatic pilot - Seamanship - Collision. Regulations, 1910, Art. 16.

[1954] 1 Lloyd's Rep. 281

THE "STONEDALE No. 1."

Limitation of liability-Wreck-raising expenses- Expenses incurred by canal company - Negligent navigation of ship-Sinking after grounding-Cost of raising wreck-Right of shipowners to limit-Statutory right of canal company to recover such expenses under Private Act-Applicability of Public General Act - "Injury or damage" - "Loss or damage . . . caused to property or rights of any kind . . . by reason of the improper navigation or management of the ship"- Manchester Ship Canal Act, 1897, Sect. 9- Manchester Ship Canal Act, 1936, Sect. 32- Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sects. 1, 3.

[1954] 1 Lloyd's Rep. 291

THE "DELIUS."

Collision-River-Turning in river-Vessel (in tow of tugs) proceeding down-Speed-View obscured by smoke from tugs - Duty of turning vessel to repeat turning signal to an approaching vessel "whilst turning"-Port of London River By-laws, 1938, Rule 30.

[1954] 1 Lloyd's Rep. 307

PYRENE COMPANY, LTD. v. SCINDIA STEAM NAVIGATION COMPANY, LTD.

Carriage by sea-F.o.b. contract-Contract of carriage made by buyers with shipowners- Delivery at dockside by sellers-Damage to fire tender being loaded by ship's tackle- Negligence of ship-No passing of property to buyers-Liability of shipowners to sellers in tort-Bill of lading to be issued incorporating Carriage of Goods by Sea Act, 1924 - Bill of lading issued excluding damaged tender - Applicability of Rules - Right of shipowners to limit liability under Rules-"Carriage of goods"-"Contract of carriage"-Meaning of "loading"-Whether sellers privy to contract of carriage-Carriage of Goods by Sea Act, 1924, Sect. 1, Schedule, Arts. I (b), (e), II, III (2), IV (5). Interpretation of statutes- Ambiguity-Hague Rules-Translation from original French text incorporated in English statute-Reference to authoritative French version as an aid to construction.

[1954] 1 Lloyd's Rep. 321

ASH v. T. F. MALTBY, LTD.

Negligence - Fellow-employee - Unloading of bagged sugar from ship in dock-Bags first lifted by crane to deck and thence from deck overside into lighter-Release of sling from set on deck-Stevedore's fingers caught in bight of sling on being lifted by crane- Alleged negligence of fellow-stevedore in signalling crane driver to lift.

[1954] 1 Lloyd's Rep. 336

BENNETT v. MAXWELL.

Sale of ship-Oral contract-Proof-Claim by seller for purchase price-Alleged implied request to buyer to store boat until sale- Counterclaim for storage expenses.

[1954] 1 Lloyd's Rep. 341

LUSK v. HARLAND & WOLFF, LTD.

Negligence-System of working-Means of access -Unsecured ladder used by electrician on board vessel under repair in dock-Fall- Liability of employers.

[1954] 1 Lloyd's Rep. 346

LEATHLEY v. MERSEY INSULATION COMPANY, LTD.

Negligence - System of working - Extent of employers' duty-Removal of hatch cover- Variety of methods-Choice left to riggers- Least safe system adopted-Fatal accident to rigger-Liability of employers.

[1954] 1 Lloyd's Rep. 349

SIMS v. THOS. & JAS. HARRISON, LTD.

Negligence-System of working-Erection of tent over hatch in squally weather-Size of gang employed-Alleged negligence of member of gang-Liability of employers.

[1954] 1 Lloyd's Rep. 354

THE "CLARA MONKS."

Collision - Meeting end-on - Duty to observe starboard-hand rule-Admitted failure by one vessel to do so-Obvious danger to other vessel-Duty to take avoiding action in good time.

[1954] 1 Lloyd's Rep. 359

BARRY AND ANOTHER v. BRITISH TRANSPORT COMMISSION.

Negligence-Fellow-employees-Loading of baled cargo by shore crane from barge into ship's hold-Dock labourers in hold injured by bale falling from set kept suspended overhead while previous set was being stowed-Duty of hatchwayman and craneman to keep waiting set clear of hatchway.

[1954] 1 Lloyd's Rep. 372

SINASON-TEICHER INTER AMERICAN GRAIN CORPORATION v. OILCAKES & OILSEEDS TRADING COMPANY, LTD.

Sale of goods (c.i.f.) - Documents - Banker's guarantee to sellers that buyers would take up documents on first presentation-Dispute as to time when guarantee should be furnished-Purpose of guarantee-Analogy between guarantee and letter of credit- Contract repudiated by sellers on ground that time for tender of guarantee had expired- Repudiation not accepted by buyers until some days later-Rights of parties during interim. Arbitration-Case stated-Questions for Court- Refusal by learned Judge to consider alternative argument raised for first time before Court-Findings of arbitrators not directed to such argument-Duty of parties at arbitration.

[1954] 1 Lloyd's Rep. 376

MARCROFT v. SCRUTTONS, LTD.

Damages-Assessment-Personal injuries claim- Refusal by plaintiff to undergo particular medical treatment-Possible recovery delayed - Effect upon damages - Appeal against quantum-Discretion of learned trial Judge- Right of Appeal Court to interfere with award of damages.

[1954] 1 Lloyd's Rep. 395

SPHINX EXPORT COMPANY, LTD. v. SPECIALIST SHIPPERS, LTD.

Contract-Illegality-Export of prohibited goods- Sale of copper to Poland-Moneys advanced to forwarding agents under promise to hand over documents of title or to repay within 21 days - Detention by Customs - False Customs entry-Right to recovery of moneys advanced-Knowledge of illegality.

[1954] 1 Lloyd's Rep. 407

FARRELL v. JOHN MOWLEM & CO., LTD.

Nuisance-Obstruction of highway-Contractors' pipe laid across pavement-Pedestrian's fall -Statutory authority of contractors not pleaded-Common law liability-Contributory negligence.

[1954] 1 Lloyd's Rep. 437

DUNCAN v. SMITH'S DOCK COMPANY, LTD.

Negligence-Means of access-Ship in repair yard-Ladder from deck to bottom of tank -Obstruction on ladder-Fall while descending ladder-Whether ladder unsafe-Cause of accident - Shipbuilding Regulations, 1931, Regulations 1, 6 (d).

[1954] 1 Lloyd's Rep. 443

SOUTHPORT CORPORATION v. ESSO PETROLEUM COMPANY, LTD.

Negligence-Oil pollution of coastal waters-Res ipsa loquitur-Highway-Nuisance-Trespass -Stranding of ship in river estuary-Jettison of oil cargo-Pollution of foreshore-Alleged negligence of master-Liability of shipowners -Cause of action in nuisance and/or trespass -Discharge of oil reasonably necessary- Stranding due to defect in steering gear- Defect due to fractured stern frame-Cause of fracture unknown-Whether onus on defendant shipowners to disprove negligence -Defect in ship not pleaded by plaintiffs, plea of negligence being directed against master-Omission due to reticence in defendants' pleading.

[1954] 1 Lloyd's Rep. 446

BATH AND ANOTHER v. BRITISH TRANSPORT COMMISSION.

Factory-Dry dock-Opening in floor- Means of access-Returning to work at edge of dry dock-Fatal fall to bottom of dock- Necessity to fence - Factories Act, 1937, Sects. 25 (3), 26 (1), (2).

[1954] 1 Lloyd's Rep. 463

THE "ANNA SALEN."

Collision - Radar - Fog - Speeds - Alteration of course - Narrow channel - Collision Regulations, 1910, Arts. 15, 16, 25.

[1954] 1 Lloyd's Rep. 475

F. E. HOOKWAY & CO., LTD. v. ALFRED ISAACS & SONS AND OTHERS; SAME v. GRAVES AND ANOTHER (CONSOLIDATED).

Sale of goods-Quality dispute-London Shellac Trade Association-Delivery Contract No. 1- Sale analogous to sale by sample-Certification of sample of shellac by Association panel -Comparison with "standard sample"- Complaint against "flow"-"Flow" detectable only by analysis-Parcel certified as being in accordance with contract-Certificate based on visual examination-Certification affirmed by Appeal Committee-Refusal to permit legal representation at appeal- Irregularity of proceedings-Right of Court to interfere-Construction of contract-Provisions relating to quality-Custom-Implied term-Merchantability-Sale of Goods Act, 1893, Sects. 14 (2), 15 (2) (c)-Arbitration Act, 1950, Sects. 22, 23-London Shellac Trade Association Rules and By-laws.

Custom-Proof.

[1954] 1 Lloyd's Rep. 491

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