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THE "ESCHERSHEIM"

[1976] 2 Lloyd's Rep. 1

Salvage - Admiralty actions in rem - Salvage operation 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), s. 3 (4).

CAMILLA COTTON OIL CO. v. GRANADEX S.A. AND TRACOMIN S.A. SHAWNEE PROCESSORS INC. v. SAME

[1976] 2 Lloyd's Rep. 10

Arbitration-Stay-Dispute concerning contract for sale of peanuts referred by buyers to arbitration-Proceedings brought by sellers in English Court-Whether action should be stayed - Federation of Oil, Seeds and Fats Association Ltd. form no. 20-Arbitration Act, 1950, ss. 4, 24 (2). Practice - Procedure - Declaration - Application by sellers for declaration that they were not liable under contract for sale of peanuts - Whether declaration should be granted.

EVANS MARSHALL & CO. LTD. v. BERTOLA S.A. AND INDEPENDENT SHERRY IMPORTERS LTD.

[1976] 2 Lloyd's Rep. 17

Contract - Repudiation - Damages - Agreement for sole distribution by importer of sherry in United Kingdom-Employment of other distributor by exporters - Whether repudiation of agreement by exporter - Whether exporters and other distributor guilty of conspiracy to damage importer's reputation -Assessment of damages.

The "MAKEFJELL"

[1976] 2 Lloyd's Rep. 29

Admiralty practice - Action in rem and in personam by cargo owners-Foreign jurisdiction clause in bill of lading - Whether actions should be stayed - Application of Norwegian law. Bill of lading - Foreign jurisdiction clause - Cargo subject matter of bills of lading damaged in London-Actions in rem and in personam brought in England against Norwegian shipowners-Whether jurisdiction clause applied-Whether actions should be stayed.

THE "DJERADA"

[1976] 2 Lloyd's Rep. 40

Collision-Crossing vessels-Collision in Dover Strait at night in clear weather between two heavily laden vessels both having second officers in charge of navigation-Both keeping bad lookout and one carrying "not under command" lights-Whether carrying of "not under command" lights justified-Causation- Whether one vessel not giving way in a crossing situation-Whether other vessel not taking action in time to keep clear - Apportionment of liability-Regulations for Preventing Collisions at Sea, 1960, rr. 1(b), 4(a), (d), (e), 19.

NEA AGREX S.A. v. BALTIC SHIPPING CO. LTD. AND INTERSHIPPING CHARTER CO. (THE "AGIOS LAZAROS")

[1976] 2 Lloyd's Rep. 47

Charter-party (Voyage) - Arbitration - Whether arbitration proceedings had commenced - "Paramount clause" incorporated in charterparty -Whether Hague Rules incorporated in charter-party-Whether time bar of 1 year applied to claim for arbitration - Whether extension of time should be given -Arbitration Act, 1950, s. 27-Hague Rules, art. III r. 6.

REARDON SMITH LINE LTD. v. YNGVAR HANSEN-TANGEN AND SANKO STEAMSHIP CO. LTD. (THE "DIANA PROSPERITY")

[1976] 2 Lloyd's Rep. 60

Contract-Shipbuilding-Rejection-Charter of vessel to be built in Japan-Vessel described as hull no. 354 but built as hull no. 004- Whether charterers could reject tender for misdescription.

NAVIERA DE CANARIAS S.A. v. NACIONAL HISPANICA ASEGURADORA S.A. (THE "PLAYA DE LAS NIEVES")

[1976] 2 Lloyd's Rep. 80

Insurance (Marine) - Freight policy - Loss of time charter hire - Vessel time chartered under New York Produce Exchange form- Stranding of vessel and subsequent repairs -Vessel off hire from time of standing to conclusion of repairs - Whether insured owners entitled to indemnity for loss incurred under freight policy-Whether claim "consequent on loss of time" within Institute Time Clauses Freight, cl. 8 - New York Produce Exchange Time Charter, cl. 15.

HEYWOOD v. WELLERS

[1976] 2 Lloyd's Rep. 88

Negligence - Solicitor - Solicitor involved client in needless and useless litigation - Measure of damages - Whether solicitor entitled to costs - Whether client entitled to damages for strain of conducting own case against solicitor.

ANDERS UTKILENS REDERI A/S v. COMPAGNIE TUNISIENNE DE NAVIGATION OF TUNIS (THE "GOLFSTRAUM")

[1976] 2 Lloyd's Rep. 97

Charter-party (Time) - Delivery - Vessel could not be delivered owing to congestion in port of delivery - Whether time lost was for owners' or charterers' account.

SCOTT v. TUFF-KOTE (AUSTRALIA) PTY. LTD.

[1976] 2 Lloyd's Rep. 103

Practice-Position of Lloyd's-Public liability policy issued to American company by Lloyd's syndicate-Indemnity to be given for claims arising out of company's rust proofing process -Lloyd's name not to be mentioned in advertising - Australian company granted franchise by American company - Australian company used advertising material stating that process was guaranteed by Lloyd's-Injunction sought by member of syndicate - Whether member or Lloyd's had right to sue - Lloyd's Act 1871, ss. 3, 10, 40 - Lloyd's Act 1911, s. 7-Australia. Insurance - Position of Lloyd's - Relation between Corporation of Lloyd's and individual underwriters - Right of underwriters to sue for damages for injuries caused to them- Australia.

PICKFORD & BLACK LTD. v. CANADIAN GENERAL INSURANCE CO.

[1976] 2 Lloyd's Rep. 108

Insurance (Contractor's Public Liability) - Policy indemnifying stevedores against liability to pay damages for personal injury or damage to property - Exclusion clause in respect of accident occurring outside Canada or risk at sea outside limits of Halifax harbour - Cargo negligently loaded by stevedores on vessel at Halifax - Cargo subsequently shifted and damaged - Payment for damage made to shipowners by plaintiffs-Claim by plaintiffs for indemnity under policy-Whether exclusion clause applicable to whole policy or to personal injury section only - Meaning of "risk at sea"-Canada. Insurance (Contractor's Public Liability) - Construction - Policy to be construed as whole-Canada.

PRACTICE DIRECTIONS (2A See Order 1, Rule 10)

[1976] 2 Lloyd's Rep. 113

Use of postal facilities in the Queen's Bench Division

ADMIRALTY PRACTICE DIRECTION

[1976] 2 Lloyd's Rep. 121

3A Use of postal facilities in the Admiralty Registry (See O. 1. r. 10)

THE "SAVINA"

[1976] 2 Lloyd's Rep. 123

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. Admiralty practice - Nautical Assessors - Questions put to Nautical Assessors by Court of Appeal-Comment by Lord Simon of Glaisdale.

TUDOR MARINE LTD. v. TRADAX EXPORT S.A. (THE "VIRGO")

[1976] 2 Lloyd's Rep. 135

Charter-party (Voyage) - Agency - Claim for demurrage - Whether "charterers" were principals or agents - Whether Centrocon arbitration clause (amended) applied - Whether owners out of time in appointing arbitrator. Arbitration - Appointment of arbitrator - Time bar.

MARBIENES COMPANIA NAVIERA S.A. v. FERROSTAAL A.G. (THE "DEMOCRITOS")

[1976] 2 Lloyd's Rep. 149

Charter-party (Time)-Redelivery-"for . . . trip . . . duration about 4 to 6 months"- Delivery to charterers in damaged condition -Vessel accepted by charterers-Whether acceptance amounted to waiver of rights against owners - Late redelivery of vessel - Whether charterers liable-Slow steaming by vessel - Whether charterers entitled to allowance for loss of time resulting - New York Produce Exchange Time Charter form.

NOVA (JERSEY) KNIT LTD. v. KANNGARN SPINNEREY G.M.B.H.

[1976] 2 Lloyd's Rep. 155

Arbitration - Stay of proceedings - Dishonoured bills of exchange - Arbitration in Germany - Action in England - Whether English action should be stayed - Whether claims on bills of exchange should be decided by arbitration - Arbitration Act, 1950, s. 4 - Arbitration Act, 1975, s. 1 (1).

J. EVANS & SONS (PORTSMOUTH) LTD. v. ANDREA MERZARIO LTD.

[1976] 2 Lloyd's Rep. 165

Forwarding agents-Plaintiffs' goods carried in container-Defendants loaded container on deck of vessel-Container fell overboard- Whether defendant could rely on standard printed conditions - Whether carriage on deck a fundamental breach-Conditions of Institute of Shipping and Forwarding Agents. Carriage by sea-Container-Whether carriage under deck a term of contract or a collateral contract-Whether carriage on deck fundamental breach.

COMPANIA MARITIMA SAN BASILIO S.A. v. THE OCEANUS MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. (THE "EURYSTHENES")

[1976] 2 Lloyd's Rep. 171

Insurance (Marine)-P & I Club-Vessel entered for Class 1 risks-Vessel stranded-P & I Club suggested vessel unseaworthy-Whether P & I Club liable to indemnify shipowner if it could be shown that vessel sent to sea in unseaworthy state with privity of shipowner -Marine Insurance Act, 1906, ss. 25, 39 (5).

YOUNG v. SUN ALLIANCE & LONDON INSURANCE LTD.

[1976] 2 Lloyd's Rep. 189

Insurance (Storm and Tempest) - Insurance against flood - Natural seepage of water damaged insured's lavatory-Whether seepage of water a "flood"-Whether insured could recover under policy.

STEELWOOD CARRIERS INC. OF MONROVIA, LIBERIA v. EVIMERIA COMPANIA NAVIERA S.A. OF PANAMA (THE "AGIOS GIORGIS")

[1976] 2 Lloyd's Rep. 192

Charter-party (Time)-Payment of hire-Speed warranty - Whether charterers entitled to make a deduction from payment of hire for alleged breach-Whether owners entitled to withdraw vessel or effect temporary withdrawal - Whether master in breach of obligation for refusing to permit discharge -Whether charterers mitigated their loss.

SOFIAL S.A. v. OVE SKOU REDERI (THE "HELLE SKOU")

[1976] 2 Lloyd's Rep. 205

Charter-party (Voyage) - Laytime - Notice of readiness given prematurely - Whether charterers had waived right to reject notice of readiness-"Time used" clause-Whether all of weekend time to be counted if only partially used-Gencon charter-party.

JOHNSON MATTHEY & CO. LTD. v. CONSTANTINE TERMINALS LTD. AND INTERNATIONAL EXPRESS CO. LTD.

[1976] 2 Lloyd's Rep. 215

Carriage of goods - Sub-bailment carrier left goods in custody of sub-bailee-Goods stolen - Whether oral contract existed between owner of goods and carrier, and between sub-bailee and carrier-Whether sub-bailee could rely on own business conditions as a defence.

N. & J. VLASSOPULOS LTD. v. NEY SHIPPING LTD. (THE "SANTA CARINA")

[1976] 2 Lloyd's Rep. 223

Agency-Supply of oil bunkers - Defendants refused to pay for bunkers-Whether defendants acting as agents for time charterer- Whether defendants could avoid liability.

SCRAGG AND OTHERS v. UNITED KINGDOM TEMPERANCE & GENERAL PROVIDENT INSTITUTION

[1976] 2 Lloyd's Rep. 227

Insurance (Life) - Policy condition - Sums payable under policy limited if death caused directly or indirectly by motor racing - Assured killed at "sprint" event-Insurers only paid surrender value-Whether executors of assured entitled to a sum by way of profits-Meaning of "motor racing".

NISSAN AUTOMOBILE CO. (CANADA) LTD. v. OWNERS OF THE VESSEL "CONTINENTAL SHIPPER", UNITED STEAMSHIP CORPORATION, FEDERAL COMMERCE AND NAVIGATION CO. LTD. AND FEDERAL PACIFIC LAKES LINE (THE "CONTINENTAL SHIPPER")

[1976] 2 Lloyd's Rep. 234

Bill of lading - Uncrated cars shipped at Yokohama - Cars found to have scratch marks and slight dents on discharge at Montreal-Whether damage due to inherent vice or insufficiency of packing-Whether cars badly stowed-Carriage of Goods by Water Act (R.S.C. 1970, cap. C-15) sched., art. III, r. 2, art. IV, r. 2 (m), (n)-Canada.

PRACTICE DIRECTION

[1976] 2 Lloyd's Rep. 238

Petitions for leave to appeal.

PRACTICE NOTE

[1976] 2 Lloyd's Rep. 239

Inheritance (Provision for Family and Dependants) Act, 1975-Procedure under R.S.C., O. 99.

MEMORANDUM

[1976] 2 Lloyd's Rep. 240

On the powers of the Chancery Masters.

THE "ADOLF WARSKI" AND THE "SNIADECKI"

[1976] 2 Lloyd's Rep. 241

Admiralty practice - Actions in rem and in personam by cargo-owners - Foreign jurisdiction clause in bills of lading - Whether actions should be stayed - Application of Polish law. Bill of lading - Foreign jurisdiction - Cargo damaged in transit - Actions in rem and in personam brought in England against Polish shipowners - Jurisdiction clause that disputes under bill of lading be settled by Polish law - Actions statute barred in Poland but not in England - Whether foreign jurisdiction clause applicable - Whether actions should be stayed in England on motion by Polish shipowners.

VARVERAKIS v. COMPAGNIA DE NAVEGACION ARTICO S.A. (THE "MERAK")

[1976] 2 Lloyd's Rep. 250

Sale of ship-Negotiations for sale of ship- One of conditions of sale not fulfilled- Whether binding contract in existence.

ARIES TANKER CORPORATION v. TOTAL TRANSPORT LTD. (THE "ARIES")

[1976] 2 Lloyd's Rep. 256

Charter-party (Voyage)-Freight-Short delivery -Whether charterers entitled to pay reduced freight - Whether claim should have been made "within one year after delivery of the goods"-Hague Rules, Art. III, r. 6.

GRUNTHER INDUSTRIAL DEVELOPMENTS LTD. AND G.I.D. LTD. v. FEDERATED EMPLOYERS INSURANCE ASSOCIATION LTD. FEDERATED EMPLOYERS INSURANCE ASSOCIATION LTD. AND NATIONAL INSURANCE & GUARANTEE CORPORATION LTD. v. GRUNTHER INDUSTRIAL DEVELOPMENTS LTD. AND G.I.D. LTD.

[1976] 2 Lloyd's Rep. 259

Insurance (Fire) - Allegations of fraud - Stock insured under fire policy and consequential loss policy - Stock damaged by water-Claim under fire policy settled for £31,000-Claim under consequential policy rejected on ground that documents supporting it were forged-Counterclaim by insurers for repayment of £31,000-Whether verdict of jury that claim was not fraudulent and documents had not been forged should be upheld.

WARREN v. HENRY SUTTON & CO.

[1976] 2 Lloyd's Rep. 276

Agency - Insurance broker - Motor insurance policy effected by broker-Second driver to be added to policy-Representation that he had no convictions-Car involved in accident -Liability repudiated by insurer on ground that representation was false-Claim by insured for damages against broker-Whether representation made by insured as well as by broke-Whether representation was cause of repudiation.

MILLER v. LONDON ELECTRICAL MANUFACTURING CO. LTD.

[1976] 2 Lloyd's Rep. 284

Limitation of action - Personal injuries - Employee suffered contact dermatitis due to employers' negligence - Three year limitation period expired - Whether employee entitled to extension of time - Limitation Act, 1963, s. 7 (3), (4).

ARGO CARIBBEAN GROUP LTD. v. LEWIS

[1976] 2 Lloyd's Rep. 289

Contract - Moneylending contract - Enforceability - Money lent by moneylender to borrower - Agreement by third party that borrower would repay sum lent - Contract with borrower not enforceable by money lender in view of contravention of statutory provisions - Whether agreement by third party affected - Whether agreement a contract of indemnity or a guarantee-"security given by the borrower"-Moneylenders Act, 1927, ss. 1 (3) (b), 6, 12.

LEIGH v. ENGLISH PROPERTY CORPORATION LTD.

[1976] 2 Lloyd's Rep. 298

Contract - Valuation of shares - Auditors to act as valuers if parties unable to agree - Whether auditors acted as arbitrators - Whether action should be dismissed - R.S.C., O. 18, r. 19.

ESSO PETROLEUM CO. LTD. v. MARDON

[1976] 2 Lloyd's Rep. 305

Contract - Misrepresentation - Tenant induced to take lease of petrol filling station by representation by petrol company as to its estimated throughput of petrol - Forecast proved incorrect - Loss suffered by tenant - Whether forecast a collateral warranty and/or made negligently - Whether loss recoverable.

THE "JARVIS BRAKE"

[1976] 2 Lloyd's Rep. 320

Admiralty practice - Action in rem - Arrest of vessel - Court order for appraisement and sale - Owner entered into negotiations for sale of vessel - Whether contempt of Court.

B.O.C.M. SILCOCK LTD. v. THE COMPANY AND PROPRIETORS OF SELBY BRIDGE

[1976] 2 Lloyd's Rep. 322

Navigation-Breach of statutory duty-Bridge erected in 1791 over navigable river - Bridge owners to rebuild bridge capable of taking modern traffic - Provided fixed Bailey bridge over swing span waterway - Navigation restricted - Millers incurred expense through obstruction of bridge during rebuilding - Whether bridge owners' acts authorized by Bridge Act, 1791 - Whether modern traffic and planning legislation applied - Bridge Act, 1791, ss. 52, 54, 60, Road Traffic Act, 1972, s. 195.

DELBRUECK & CO. v. BARCLAYS BANK INTERNATIONAL LTD.

[1976] 2 Lloyd's Rep. 341

Banking - Banking practice - "Completed payment" - Currency exchange transaction - Computerization of accounts - Whether credit of bankers' account on "value day" was a completed payment - Credit reversed on following day - Whether unauthorized debit - No communication with customer.

KRAUT v. ALBANY FABRICS

[1976] 2 Lloyd's Rep. 350

Sale of goods - Repudiation - Damages - Assessment - Proper law of contract Swiss law - Money of account and payment Swiss francs -Buyer treated as debtor under Swiss law -Whether action was brought to enforce a foreign money obligation -Whether English Court could give judgment in Swiss francs. Practice - Jurisdiction of Court - Whether English Court has jurisdiction to give judgment in foreign currency for breach of contract where proper law of contract Swiss law.

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

[1976] 2 Lloyd's Rep. 359

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.

DELANTERA AMADORA S.A. v. BRISTOL CHANNEL SHIPREPAIRERS LTD. AND SWANSEA DRY DOCK COMPANY (THE "KATINGAKI")

[1976] 2 Lloyd's Rep. 372

Admiralty practice - Lien - Possessory lien - Shiprepairers purported to exercise possessory lien over vessel-Vessel arrested in third party action - Caveat entered by shiprepairers - Whether implied term of shiprepairing contract that if ship remained in dock after completion of repairs, shipowners would pay reasonable costs to shiprepairers - R.S.C., O. 75, r. 13 (3).

A/S UGLANDS REDERI v. THE PRESIDENT OF INDIA (THE "DANITA")

[1976] 2 Lloyd's Rep. 377

Charter-party (Voyage) - Demurrage - "Cargo to be discharged . . . per weather working day . . ."-Cargo discharged into lightening vessels for carriage to Calcutta - Lightening vessels held up at Sandheads - Demurrage began to run - Whether bad weather at Calcutta could have interrupted running of laytime.

ASTRO AMO COMPANIA NAVIERA S.A. v. ELF UNION S.A. AND FIRST NATIONAL CITY BANK (THE "ZOGRAPHIA M")

[1976] 2 Lloyd's Rep. 382

Charter-party (Time) - Hire - Withdrawal of vessel for non-payment of hire - Whether payment made before notice of withdrawal given -Whether acceptance of late payment constituted a waiver of right to withdraw. Banking -Payment order - Whether shipowners bound by bank's acceptance - Whether bank in breach of its contractual obligations relating to payment of charter hire.

DIAS COMPANIA NAVIERA S.A. v. LOUIS DREYFUS CORPORATION (THE "DIAS")

[1976] 2 Lloyd's Rep. 395

Charter-party (Voyage) - Demurrage - Expiry of laytime - Cargo fumigated while vessel waiting in roads - Owners claimed demurrage - Whether charterers entitled to exclude period occupied in fumigation from calculation of demurrage.

OFFSHORE INTERNATIONAL S.A. v. BANCO CENTRAL S.A. AND HIJOS DE J. BARRERAS S.A.

[1976] 2 Lloyd's Rep. 402

Banking - Letter of credit - Proper law - Credit opened by Spanish bank through New York bank - Whether law of issuing bank or law of place of performance (advising bank) proper law. Banking - Letter of credit - Validity - Credit to be extended if valid submission to arbitration before expiry - Dispute as to whether valid submission to arbitration in time - International Chamber of Commerce Rules, June 1, 1975. Arbitration - Submission to arbitration - Meaning - Rules of International Chamber of Commerce incorporated in contract - Whether revised rules applied to dispute concerning validity of letter of credit. Evidence - Exchange of telex messages in establishment of letter of credit - Whether admissible.

BRITISH TRANSPORT DOCKS BOARD v. BARGE ABOARD CATAMARAN (U.K.) LIMITED AND PARTREDERIET RUDKOBING VI

[1976] 2 Lloyd's Rep. 410

Statute - Dues - "Vessel" - "River craft" - LASH and BACAT barges - Whether "river craft" under Ouse (Lower) Improvement Act, 1884 and Humber Conservancy Act, 1907.

OCCIDENTAL CRUDE SALES INC. v. LATSIS

[1976] 2 Lloyd's Rep. 412

Sale of goods - Price increase - Buyers paid for six shipments of crude oil - Contract terminated - Libyan Government increased price of oil retrospectively - Whether sellers could retrospectively increase price of oil sold to buyers.

R. v. A WRECK COMMISSIONER EX PARTE KNIGHT

[1976] 2 Lloyd's Rep. 419

Admiralty practice - Costs - Collision - Wreck Commissioner awarded lower amount of costs than that incurred - Whether Commissioner exercising his discretion judicially.

CORNER v. CLAYTON

[1976] 2 Lloyd's Rep. 422

Carriage by air-Private pilot's licence-Club aircraft used to fly passengers-Whether pilot "on a flight for purpose of public transport" contrary to art. 19 (1) of the Air Navigation Order, 1971.

A. SIOHN & COMPANY LTD. AND ACADEMY GARMENTS (WIGAN) LTD. v. R. H. HAGLAND & SON (TRANSPORT) LTD.

[1976] 2 Lloyd's Rep. 428

Carriage by road - Common carrier - Carrier specializing in the transport of hanging garments - Whether common carriers and/or negligent as bailees in failing to vary timetables and routes - Whether carrier had agreed to insure goods.

M. MILIANGOS v. GEORGE FRANK (TEXTILES) LTD. (No. 2)

[1976] 2 Lloyd's Rep. 434

Conflict of laws - English judgment in Swiss francs - Interest - Proper law of contract Swiss - Whether English Court can award interest.

FARNHAM AND OTHERS v. ROYAL INSURANCE CO. LTD.

[1976] 2 Lloyd's Rep. 437

Insurance (Fire) - Alteration of risk - Change of use - Farm buildings insured on farm tariff - Upgraded to transport and warehousing risks - Storage and repair of metal cargo containers and parts - Buildings damaged by fire - Whether insurers entitled to repudiate liability.

SOUHRADA v. BANK OF NEW SOUTH WALES

[1976] 2 Lloyd's Rep. 444

Banking - Conversion - Cheques drawn in favour of partnership and marked "A/c payee" paid into former partner's personal account - Whether authority to do so given to him by partner - Whether collecting bank liable for conversion of cheques - Australia.

THE "WASHINGTON"

[1976] 2 Lloyd's Rep. 453

Bill of lading - Damage to cargo - Cargo completely destroyed on voyage - Whether cargo properly stowed - Whether loss due to "perils of the sea" - Whether loss due to default in navigation or in management of ship - Hague Rules, art. IV, r. 2 (a) - Canada.

HONG LEE v. GOLDEN DRAGON SHIPPING (SINGAPORE) PRIVATE LTD. (THE "GOLDEN ELEPHANT")

[1976] 2 Lloyd's Rep. 462

Admiralty practice - Action in rem - Caveat entered to prevent release of ship - Subsequent warrant of arrest set aside - Ship not released by reason of caveat - Ship's agents agreed to pay Court charges upon caveators withdrawing caveat - Whether caveat had effect after setting aside of warrant of arrest - Whether agreement to pay Court charges was binding - Singapore.

PRACTICE DIRECTION

[1976] 2 Lloyd's Rep. 465

Court procedure - Variation of Trusts Act, 1958 - Counsel's opinion.

THE "ALBAZERO"

[1976] 2 Lloyd's Rep. 467

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 passing on date bill of lading posted - Sale of Goods Act, 1893, s. 19 (1), (2).

THE "SEA STAR"

[1976] 2 Lloyd's Rep. 477

Collision - Crossing vessels - Vessels approaching in opposite directions on reciprocal courses - Lad lookout on part of both vessels - One vessel altering course to starboard at an improper time - Second officer of other vessel on watch in chartroom until six or seven minutes before collision when he should have been on bridge - Apportionment of blame - Collision Regulations, 1960, rr. 27, 28, 29.

YAMASHITA SHINNIHON STEAMSHIP CO. LTD. v. ELIOS S.P.A. (THE "LILY PRIMA")

[1976] 2 Lloyd's Rep. 487

Charter-party (Time) - Measure of damages - Vessel chartered for 24 trips "with an interval of about 90/110 days" - Interval between 8/9th voyage 227 days - 9th voyage unable to be performed - Whether charterers entitled to (i) damages based on costs of procuring substitute tonnage or (ii) difference in value to charterers of vessel. Arbitration - Special case - Misconduct - Arbitrators refused to reopen hearing on new contention - Whether award should be remitted to arbitrators.

FINAGRAIN S.A. GENEVA v. P. KRUSE HAMBURG

[1976] 2 Lloyd's Rep. 508

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Quota imposed on export of soya bean meal - Buyers accepted part of June instalment - Rejected further appropriation - Whether buyers had waived right to receive notice of appropriation - Whether buyers entitled to reject appropriation.

CAMELLIA TANKER LTD. S.A. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION AND NELSON (THE "CAMELLIA")

[1976] 2 Lloyd's Rep. 546

Contract - Trade dispute - Shipowners refused to comply with crew wages and conditions stipulated by Federation-Federation refused to allow tanker to leave dock - Whether application for interlocutory injunction should be granted - Trade Union and Labour Relations Act, 1974, ss. 14, 29.

GKN CENTRAX GEARS LTD. v. MATBRO LTD.

[1976] 2 Lloyd's Rep. 555

Sale of goods - Fitness for purpose - Drive axle assemblies sold to makers of fork lift trucks - Whether goods fit for purpose - Claim by buyers for damages - Whether limitation of liability clause in contract effective-Measure of damages. Arbitration - Award - Setting aside award - Whether arbitrator guilty of misconduct.

THE "KISMET"

[1976] 2 Lloyd's Rep. 585

Contract - Non-salvage agreements - Towage services-Agreement to supply fresh water- Insufficient water supplied - Steam tanker unable to proceed to port of destination alone - Towage services implemented - Whether tug-operators in breach of contract- Whether tug-operators entitled to remuneration for the towage and water supply services- Whether steam tanker's owners entitled to damages for breach of contract.

SWISS AIR TRANSPORT CO. LTD. v. PALMER

[1976] 2 Lloyd's Rep. 604

Carriage by air-Agency-Air carriers' freight charges not paid-Whether consignor acted as agent or partner of shipper - Whether consignor had ostensible authority - Effect of course of dealing between consignor and shipper.

THE "SULEYMAN STALSKIY"

[1976] 2 Lloyd's Rep. 609

Bill of lading-Exemption clause-Damage to cargo - Stevedores/Warehousemen failed to place cargo "in-shed" storage as instructed - Whether stevedores could avoid liability - Whether stevedores could rely on exemption clause in bill of lading - Canada.

REARDON SMITH LINE LTD. v. HANSEN-TANGEN; HANSEN-TANGEN v. SANKO STEAMSHIP CO. LTD. (THE "DIANA PROSPERITY")

[1976] 2 Lloyd's Rep. 621

Contract-Shipbuilding-Rejection-Charter of vessel to be built in Japan-Vessel described as hull no. 354 but built as hull no. 004- Whether charterers could reject tender for misdescription.

MARENE KNITTING MILLS PTY. LTD. v. GREATER PACIFIC GENERAL INSURANCE LTD.

[1976] 2 Lloyd's Rep. 631

Insurance (Fire)-Non-disclosure-Insured failed to disclose that business had previously had four fires - Whether this a material fact - Whether insured business same as that which suffered earlier fires-Whether insurers entitled to avoid contracts.

GULF SHIPPING LINES LTD. v. COMPANIA NAVIERA ALANJE S.A. (THE "ASPA MARIA")

[1976] 2 Lloyd's Rep. 643

Charter-party (Time) - Duration - Vessel chartered for "six months 30 days" - Charterers extended time charter for "further six months 30 days" - Owners withdrew vessel at end of 13th month under charter- Whether charterers entitled to use of the vessel for a further 30 days.

AMALGAMATED METAL CORPORATION v. KHOON SENG CO. LTD.

[1976] 2 Lloyd's Rep. 646

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.

FELIXSTOWE DOCK AND RAILWAY CO. AND EUROPEAN FERRIES LTD. v. BRITISH TRANSPORT DOCKS BOARD

[1976] 2 Lloyd's Rep. 656

Contract-Validity-Board agreed to take over dock company subject to approval of Parliament-Whether board acting ultra vires -Whether new clause a material alteration- Whether board abusing a dominant position contrary to Art. 86 of Treaty of Rome.

MALISSARD FRERES SAVARZEIX ET CIE S.A. v. FREIGHTEX LTD.

[1976] 2 Lloyd's Rep. 665

Contract-Termination-Failure to pay amount "due" within seven days-Whether French company entitled to terminate contract- Whether French company entitled to summary judgment under R.S.C., O. 14.

HOWE (TRANSPORT) LTD. v. AVENALL

[1976] 2 Lloyd's Rep. 667

Insurance (Theft) - Dismissal for want of prosecution - Insured delayed bringing action - Whether action ought to be allowed to proceed.

FERGUSON v. DAWSON & PARTNERS (CONTRACTORS) LTD.

[1976] 2 Lloyd's Rep. 669

Master and servant-General labourer employed to remove scaffolding boards from roof- Both parties regarding him as "self employed" - Whether master and servant relationship existed - Whether roof a "working place" - Whether contributory negligence established - Whether Construction (Working Places) Regulations 1966, reg. 28 (1) applied. Damages - Personal injuries - Quantum - Injury suffered by general labourer to ankles, legs, left wrist and pelvis - No prospect of employment.

THE "NOWY SACZ"

[1976] 2 Lloyd's Rep. 682

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.

CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION v. EVLOGIA SHIPPING CO. S.A. OF PANAMA (THE "MIHALIOS XILAS")

[1976] 2 Lloyd's Rep. 697

Charter-party (Time) - Hire - Hire to be paid monthly - Full hire not paid by charterers - Vessel withdrawn by shipowners - Claim by charterers that withdrawal was wrongful - Whether right of withdrawal waived by shipowners ldash; "Baltime" form.

PARTENREEDEREI M.S. KAREN OLTMANN v. SCARSDALE SHIPPING CO. LTD. (THE "KAREN OLTMANN")

[1976] 2 Lloyd's Rep. 708

Charter-party (Time) - Redelivery - Vessel chartered for period of two years - Option to redeliver prematurely "after 12 months trading" - Charterers exercised option after 22 months - Whether option could only be exercised when the vessel had traded 12 months - Whether pre-contractual telex exchanges could be referred to in support of owners' contentions.

E.B. AABY'S REDERI A/S v. UNION OF INDIA (THE "EVJE" NO. 2)

[1976] 2 Lloyd's Rep. 714

Charter-party (Voyage) - General average - Undertaking by charterers to pay general average contribution "which may be legally due" - Whether undertaking contractual - Whether Jason clause prevented recovery of general average - Whether vessel unseaworthy at beginning of voyage - Baltimore Berth Grain form C.

GORTHON INVEST AB v. FORD MOTOR CO. LTD. (THE "MARIA GORTHON")

[1976] 2 Lloyd's Rep. 720

Arbitration - Charter-party - Arbitration clause - Charterers' cargo damaged - Claim by charterers against shipowners in U.S. Court - Application by shipowners for stay under arbitration clause - Stay refused - Defence filed by shipowners - Action by shipowners in English Court asking for stay - Application by charterers for action to be struck out as being abuse of process of Court because right to arbitration had been waived - Whether stay of English action should be granted.

COUNTY AND DISTRICT PROPERTIES LTD. v. C. JENNER & SON LTD. AND OTHERS

[1976] 2 Lloyd's Rep. 728

Limitation of action - Building contract - Indemnity - Main contract between building owners and main contractors for development of site - Sub-contracts between main contractors and sub-contractors giving indemnity to main contractors for damage caused by sub-contractors - Building owners suffering damage - Claim by main contractors against sub-contractors - Whether claim statute-barred - Whether limitation period ran from time when main contractors paid building owners or at least from time when liability had been judicially ascertained or from time when work completed - Whether claim premature.

BRISTOL STEAMSHIP CORPORATION v. THE LONDON ASSURANCE AND LINARD (THE "DELFINI")

[1976] 2 Lloyd's Rep. 741

Insurance (Marine) - Port risks - Vessel moved to another port without informing insurers - Policy renewed - Whether owners could claim under policy - Validity of renewal - United States.

Lloyd's Law Reports