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THE "ALMIZAR"

[1969] 1 Lloyd's Rep. 1

Collision - Fog - Radar - Excessive speed -Look-out-Presence of fog not realized- Alteration of course-Collision Regulations, 1965, Rules 15, 16, 29.

Practice-Writ-Service out of jurisdiction- Whether leave should have been granted by Registrar-Discretion of Court-R.S.C. Order 11, r. 1. Charter-party-Limitation of action-Claim by cargo-owners for damage to cargo - Extension of time granted by time charterers -Whether binding on shipowner-Whether time charterers actual or ostensible agents of shipowner.

THOMAS BORTHWICK (GLASGOW), LTD. v. BUNGE & CO., LTD.

[1969] 1 Lloyd's Rep. 17

Sale of goods (c.i.f.) - Appropriation - Vessel "expected to load 3rd/5th January, 1968, or substitute" - Vessel substituted - Shipping documents rejected by buyers - Whether appropriation was in accordance with contract terms-Whether sellers had option to substitute-Implied terms-Meaning of "or substitute" and "available". Sale of Goods Act, 1893, Sect. 29 (2). Contract - Deleted clause - Whether Court should ignore deleted terms. Practice-Precedent-Decision of Court of Appeal on construction of contract-Whether binding on lower Court.

THE PRESIDENT OF INDIA v. METCALFE SHIPPING COMPANY, LTD. (THE "DUNELMIA")

[1969] 1 Lloyd's Rep. 32

Charter-party - Arbitration clause - Dispute over short delivery between charterers and owners-Applicability of arbitration clause in charter-party-Bill of lading indorsed to charterers by shippers-Whether property in goods passed to charterers at loading and bill of lading was mere receipt. Bill of lading-Merger with charter-party- Applicability of charter-party and/or bill of lading terms. Sale of goods (f.o.b.)-Passing of property-Bill of lading indorsed by shippers/sellers to charterers/buyers-Whether property passed when loading completed or documents transferred.

CAMIS v. MATTHEW HALL MECHANICAL SERVICES, LTD.

[1969] 1 Lloyd's Rep. 43

Negligence-Foreseeability of risk-Duty of care - Sprinkler system - Ship's plumber's slip when water showered from sprinkler head - Res ipsa loquitur - Liability of employers/manufacturers of sprinkler head.

AINSLEY DUNN & CO., LTD., AND IMPORTED BRANDS, INC. v. STEWART & SON OF DUNDEE, LTD.

[1969] 1 Lloyd's Rep. 49

Practice-Evidence by deposition - Witnesses out of jurisdiction-Order for examination refused by Judge - Whether discretion exercised wrongly-R.S.C. Order 39, r. 1.

HAMILTON FINANCE COMPANY, LTD. v. COVERLEY WESTRAY WALBAUM & TOSETTI, LTD., AND PORTLAND FINANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep. 53

Bill of exchange - Stamp - Claim on dishonoured bills-Whether bills were properly stamped - Alternative claim by plaintiff holders for money bad and received and/or breach of alleged implied warranty-Whether bills admissible in evidence for any purpose whatever - Whether transactions involving purchase of bills were moneylending - Alleged non-presentation on due dates and/or failure to give proper notice of dishonour- Meaning of "in the same place"-Stamp Act, 1891, Sects. 14 (4), 38 as amended by Finance Act, 1961, Sect. 33-Bills of Exchange Act, 1882, Sects. 45, 46 (2), 49 (5), (12). Stamp Act, 1891-Bills of exchange-Whether bills were properly stamped - Whether bills not properly stamped admissible in evidence for any purpose whatever-Stamp Act. 1891, Sects. 14 (4), 38-Finance Act, 1961, Sect. 33. Evidence-Admissibility-Bills of exchange not properly stamped-Whether bills admissible for collateral purpose. Contract - Quasi-contract - Money had and received - Bills of exchange not properly stamped - Whether total failure of consideration. Moneylenders Act, 1927-Purchasing of bills of exchange-Whether bills security for money lent. Company-Officer-Due notice of dishonour in respect of bills of exchange-Director of plaintiff company (holders) also secretary of defendant company (indorsers) - Whether due notice in one capacity sufficient in other capacity-Bills of Exchange Act, 1882, Sect. 49 (5).

KIRBY v. COSINDIT SOCIETA PER AZIONI

[1969] 1 Lloyd's Rep. 75

Insurance - Policy - Notice of cancellation- "Extensions held covered at a premium to be arranged"-No agreement on "reasonable premium" - Liability of insured to pay reasonable amount on account-Whether insurer not bound to provide cover in event of non-payment - Whether notice of cancellation given by insurer reasonable.

ASTRA TRUST, LTD. v. ADAMS AND WILLIAMS

[1969] 1 Lloyd's Rep. 81

Sale of ship-"Subject to a satisfactory survey" -Whether a concluded contract-Whether dissatisfaction by buyers entitled them to withdraw from contract. Contract-Breach-Arrangement for purchase of yacht "subject to a satisfactory survey" -Whether a concluded contract-Whether survey should be objectively or subjectively satisfactory.

E. J. WEBSTER, LTD. v. F. DICKSON TRANSPORT, LTD.

[1969] 1 Lloyd's Rep. 89

Carriage of goods-Loss in transit-Theft of goods from carriers' premises-Liability of carriers-Whether carriers were common carriers and/or negligent-Alleged express term that loaded lorry would be left at plaintiffs' premises overnight-Road Haulage Association, Ltd.'s Conditions of Carriage.

WATTSON v. PORT OF LONDON AUTHORITY

[1969] 1 Lloyd's Rep. 95

Negligence - Duty of care - Mobile crane moving in reverse-Lorry driver injured by crane-Liability of crane-driver's employers -Duty to provide look-out. Damages-Special damages-Loss of wages by wife looking after injured husband (plaintiff) -No legally binding contract by husband to repay wife-Whether recoverable as special damages in action by plaintiff against tortfeasor.

BROWN v. PORT OF LONDON AUTHORITY

[1969] 1 Lloyd's Rep. 103

Negligence - Duty of care - Mobile crane loading timber onto lorry at dock-Injury to lorry driver-Liability of port authority.

MULLIS v. UNITED STATES LINES COMPANY

[1969] 1 Lloyd's Rep. 109

Occupiers' Liability Act, 1957-Duty of care- Hold of vessel-Injury to dock worker when reel of cardboard moved under him and displaced suspended reel-Whether reels should have been chocked-Foreseeability of injury - Liability of shipowner - Whether shipowner entitled to rely on independent contractor - Sects. 2 (1), (2), (3) (b) and (4) (b). Docks Regulations, 1934-Unloading of cargo -Injury to dock worker - Whether shipowner under duty to comply with regulations -Regulation 41.

WILSON, WALTON INTERNATIONAL (OFFSHORE SERVICES), LTD. v. TEES AND HARTLEPOOLS PORT AUTHORITY AND OTHERS

[1969] 1 Lloyd's Rep. 120

Port authority-Contract-Disposal of graving dock by port authority - Sale to lowest bidder-Whether proper exercise of discretion by authority-Whether contrary to the public policy-Tees and Hartlepools Port Authority Act, 1966, Sects. 12, 14 (3). Practice - Declaratory judgment - Extent of interest necessary to support claim for declaratory judgment-R.S.C., Order 15, r.16.

PRACTICE DIRECTION

[1969] 1 Lloyd's Rep. 126

MALLETT v. McMONAGLE AND McMONAGLE

[1969] 1 Lloyd's Rep. 127

Damages - Quantum - Assessment - Fatal Accidents Acts (Northern Ireland), 1846 to 1959-Award by Jury of £21,500-Whether amount exceeded what any reasonable Jury would award-Whether inflation should be taken into account in assessment.

N.V. BUREAU WIJSMULLER v. THE "TOJO MARU" (OWNERS)

[1969] 1 Lloyd's Rep. 133

Limitation of liability-Salvage-Salved vessel damaged by negligence of salvors' diver working from salvors' tug-Claim by salvors to limit liability-Whether negligent act of diver an act "on board" or "in the management" of salvors' tug-Right of owner of salved vessel to set-off by way of counter-claim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958. Salvage - Award - Salved vessel damaged by negligence of salvors' employee-Diminished award by arbitrator-Whether owners entitled to counterclaim for damage to salved vessel -Claim by salvors to limit liability-Whether right of set-off between salvors' salvage claim and owners' counterclaim-Whether right to limit liability applicable only to balance of counterclaim. Equity - Set-off - Claim for salvage award - Salved vessel damaged by negligence of salvors' employee-Whether owners had right of set-off against salvors' claim- Whether salvors entitled to limit liability- Whether limitation of liability applied before or after set-off.

APPLETON v. CUNARD STEAM-SHIP COMPANY, LTD.

[1969] 1 Lloyd's Rep. 150

Negligence-Duty of care-Injury to ship's passenger - Alleged slippery linoleum - Liability of shipowners.

COMMISSIONERS OF INLAND REVENUE v. KLEINWORT BENSON, LTD.

[1969] 1 Lloyd's Rep. 152

Revenue-Income tax-Assessment-Tax advantage -Purchase by bank of debenture stock with arrears of interest accrued - Whether object of transaction to obtain a tax advantage-Finance Act, 1960, Sect. 28 (1) (2) (a), (b), Sect. 43 (4) (g)-Meaning of "fall in the value".

MAURICE FEDERATION v. STEWART (THE "WEST BAY III")

[1969] 1 Lloyd's Rep. 158

Towage-Sinking of tow-Claim against master of towing vessel-Whether master was negligent -Salvage-Loss of salved vessel- Liability where error of judgment by gratuitous salvor.

CANADIAN GENERAL ELECTRIC COMPANY, LTD. v. THE "LAKE BOSOMTWE" AND PICKFORD & BLACK, LTD.

[1969] 1 Lloyd's Rep. 164

Carriage by sea-Damage to cargo-Liability of stevedores-Applicability of res ipsa loquitur doctrine-Effect of certificate by port warden that stow was proper-Whether stevedores protected by exemption clause in bill of lading.

COMMISSIONERS OF INLAND REVENUE v. BARCLAY CURLE & CO., LTD.

[1969] 1 Lloyd's Rep. 169

Revenue - Income tax - Initial allowances - Construction of dry dock-Capital expenditure incurred on preliminary excavations and concrete work-Whether expenditure was on provision of "plant" and qualified for capital allowance of 3/10ths-Income Tax Act, 1952, Part X, Chapter I, Sects. 265 and 276, and Chapter II, Sect. 279-Meaning of "plant" and "provision".

PARRY v. CLEAVER

[1969] 1 Lloyd's Rep. 183

Damages - Assessment - Personal injuries - Disablement pension-Compulsory contributions - Injured police constable discharged from force with a disablement pension receivable as of right-Whether pension to be taken into account in assessment of damages for financial loss.

QUEENSLAND GOVERNMENT RAILWAYS AND ELECTRIC POWER TRANSMISSION PTY., LTD. v. MANUFACTURERS' MUTUAL INSURANCE, LTD.

[1969] 1 Lloyd's Rep. 214

Insurance-Contractors All Risks Insurance- "Faulty design"-Damage by flood waters to piers of bridge under construction - Whether within exclusion of damage due to faulty design-Meaning of "faulty design". Arbitration-Award-Dispute under insurance policy-Whether reasons for award formed part of award - Whether reference to arbitrator of question of construction of policy rendered error in construction appearing on award unimpeachable by Court.

EDMEADES v. THAMES BOARD MILLS, LTD.

[1969] 1 Lloyd's Rep. 221

Practice - Personal injury action - Medical reports-Diagnosis by plaintiff's doctor of complaint not raised in statement of claim- Refusal by plaintiff to undergo second examination by any of six specialists nominated by defendants-Whether action should be stayed.

NEWTON v. CAMMELL LAIRD & CO. (SHIPBUILDERS AND ENGINEERS), LTD.

[1969] 1 Lloyd's Rep. 224

Limitation of action-Fatal injuries-Leave to bring action-Failure by deceased to obtain legal advice - Whether deceased had constructive knowledge of material facts before he died-Limitation Act, 1963, Sects. 1 (3), 7 (5).

INTRODUCTIONS, LTD. v. NATIONAL PROVINCIAL BANK, LTD.

[1969] 1 Lloyd's Rep. 229

Company - Debentures - Money borrowed by company from bank on security of debentures- Company engaged on ultra vires activity-Validity of debentures.

FOWLER v. BRITISH RAILWAYS BOARD

[1969] 1 Lloyd's Rep. 231

Negligence - Duty of care - Safe means of access-Ship's cook drowned while returning to ship late at night-Inferences to be drawn from primary facts-Liability of shipowners -Effect of M.o.T. notice stating that nets should be rigged "when desirable".

EXCELBY v. PHILPOTT AND PHILPOTT

[1969] 1 Lloyd's Rep. 234

Practice-Writ-Extension of time-Personal injury action-Defendants out of jurisdiction for three years-Whether time should have been extended.

THE "ELEFTHERIA"

[1969] 1 Lloyd's Rep. 237

Admiralty practice-Action in rem by cargo-owners -Foreign jurisdiction clause in bill of lading-Whether action should be stayed -Applicability of Greek law-Considerations affecting prima facie case for a stay. Contract-Foreign jurisdiction clause-Action by cargo-owners for alleged breach of contract contained in bills of lading - Whether action should be stayed. Bill of lading-Foreign jurisdiction clause- Cargo discharged at Rotterdam instead of Hull due to alleged labour troubles-Action in rem by cargo-owners for cost of on-carriage - Whether action should be stayed.

COMPAGNIE TUNISIENNE DE NAVIGATION S.A. v. COMPAGNIE D'ARMEMENT MARITIME S.A.

[1969] 1 Lloyd's Rep. 247

Conflict of laws - Contract - Proper law - Tonnage agreement on English form of tanker voyage charter-party-Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London- Whether English law proper law of contract. Charter-party-Proper law-Tonnage agreement on English form of tanker voyage charter-party -Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London-Whether English law proper law of contract.

THE "PUTBUS"

[1969] 1 Lloyd's Rep. 253

Admiralty practice - Release of security - Collision in Dutch waters-Limitation fund paid into Dutch Court-Arrest of sister ship in English port-Motion to release security given by arrested vessel-Whether potential claim for wreck-raising expenses by Dutch Government authority would be subject to limitation - Whether Dutch Court would treat English Court's decision as binding on Dutch Government authority-Discretion of Court-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958, Sect. 5.

DINEEN v. WALPOLE

[1969] 1 Lloyd's Rep. 261

Arbitration - Award - Costs - Discretion of arbitrator - Successful claimant ordered to pay costs of arbitration-Whether prima facie misconduct by arbitrator.

ANGLO-AFRICAN MERCHANTS, LTD., AND EXMOUTH CLOTHING COMPANY, LTD. v. BAYLEY

[1969] 1 Lloyd's Rep. 268

Insurance-All risks-Non-disclosure-Waiver - Army surplus jerkins (20 years old) described as "New Men's Clothes in Bales for Export" - Whether misrepresentation and/or non-disclosure of material facts- Meaning of "New"-Whether underwriters put on inquiry. Insurance-Broker-Whether agent for assured and/or underwriter-Claim for loss of goods avoided by underwriters on grounds of non-disclosure -Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to insured-Whether established practice would be upheld by Court. Agency-Insurance broker-Whether agent for assured and/or underwriters - Broker instructed by underwriters to obtain assessor's report-Whether breach of duty to assured-Effect of custom in insurance market.

JASON v. BATTEN (1930), LTD.; JASON v. BRITISH TRADERS' INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep. 281

Negligence-Motor accident-Wheel of van falling off 2700 miles after service by defendants-Liability of defendants-Onus of proof - Plaintiff suffering from coronary thrombosis six days after accident-Whether causal connection between thrombosis and accident. Insurance - Accident insurance - Disablement benefit-Insured suffering from coronary thrombosis six days after motor accident -Pre-existing arterial disease - Whether "bodily injury sustained in accident and exclusive of all other causes"-Meaning of "accident", "physical defect or infirmity". Damages-Personal injuries-Plaintiff suffering coronary thrombosis after motor accident- Pre-existing arterial disease - Effect on damages.

NISHINA TRADING COMPANY, LTD. v. CHIYODA FIRE AND MARINE INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep. 293

Marine insurance-Sue and labour charges- Whether in respect of averting loss within policy-Meaning of "takings"; "theft"; and "persons acting maliciously". Cargo-owners deprived of possession of cargo -Whether as a result of "taking"; "theft"; or "persons acting maliciously".

EAST v. BEAVIS TRANSPORT, LTD.; SELLARS (FIRST THIRD PARTY); W. E. ANDERSON & CO., LTD. (SECOND THIRD PARTY)

[1969] 1 Lloyd's Rep. 302

Master and servant-Course of employment- Plaintiff injured by lorry reversed by dock worker-Dock worker given permission to move lorry by lorry driver-Whether dock worker acting in course of employment- Liability of dock worker, lorry driver and respective employers - Whether plaintiff contributorily negligent.

TOMLIN v. STANDARD TELEPHONES AND CABLES, LTD.

[1969] 1 Lloyd's Rep. 309

Contract-Offer and acceptance-"Without prejudice" - Negotiations on liability and quantum in personal injury action-"Agreement" on liability in letters marked "without prejudice"-No agreement on quantum- Whether legally binding agreement on liability between parties or merely step in negotiations-Admissibility of letters. Evidence - Admissibility - Personal injury action - Negotiations in correspondence headed "without prejudice" - Whether binding agreement on liability.

CHEESMAN v. FURNESS, WITHY & CO., LTD.

[1969] 1 Lloyd's Rep. 315

Negligence - Unnecessary risk - Stevedore injured by case tipped over by stevedore employed by defendants - Liability of defendants. Damages - Personal injuries - Stevedore employed after accident as docker checker- No loss of earnings-Effect on damages.

BARKER v. ANDERS STOKKA

[1969] 1 Lloyd's Rep. 319

Damages - Personal injuries - Concussion - Alleged change of personality - Whether effect of concussion. Docks Regulations, 1934-Hatch coverings- Personal injury sustained by dock worker- Alleged defective hatch covering - Liability of shipowner.

TAYLOR v. FURNESS, WITHY & CO., LTD.

[1969] 1 Lloyd's Rep. 324

Dock Workers Employment Scheme, 1967- "Decasualization" - Refusal of defendant registered employer to employ plaintiff registered dock worker allocated to them under scheme by local dock labour board- Whether scheme created a contractual relationship or merely provided for allocation -Time of existence of contract-Whether scheme ultra vires Dock Workers (Regulation of Employment) Act, 1946-Dock Workers (Regulation of Employment) (Amendment) Order, 1967, Schedule 2.

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep. 333

Sale of ship-Notice of rejection-"If any material defects shall have been found purchaser may give notice of rejection"- Whether existence of defects or their materially relevant and referable to arbitration.

HYAMS v. DOCKER

[1969] 1 Lloyd's Rep. 341

Arbitration - Arbitration clause in agreement for sale of yacht - Allegation of material defects-Issue on construction of contract - Action for declaration that purchaser entitled to cancel - Whether proceedings should be stayed - Discretion of Court.

HUGH V. ALLEN & CO., LTD. v. A. HOLMES, LTD. SAME v. HOLMES

[1969] 1 Lloyd's Rep. 348

Assessors-Payment for services-Reasonable amount.

THE "WORLD BEAUTY"

[1969] 1 Lloyd's Rep. 350

Admiralty practice - Damages - Assessment - Detention of vessel following collision - Loss of profit - Mitigation of loss - Whether profits earned could not have been made but for collision - Whether excessive time spent in gas-freeing vessel - Whether plaintiffs failed to mitigate loss by chartering substitute vessel more timeously.

ATLANTIC MARITIME CARRIERS S.A. v. HELLENIC MUTUAL WAR RISKS ASSOCIATION, LTD. CAPETANDIAMANTIS COMPANIA MARITIMA S.A.; EASTERN SEAS TRANSPORT CORPORATION AND ORIENT SHIPPING CORPORATION v. SAME

[1969] 1 Lloyd's Rep. 359

Marine insurance-War risks-P. & I. Club policies to pay reasonable expenses resulting from diversion of ship on voyage already commenced-Direction by Club that no vessel in Club should enter Suez Canal- Vessels commenced ballast voyage before direction and loaded voyage after direction -Whether vessels were "on a voyage already commenced" - Meaning of "voyage".

JOHN HOWARD & CO. (NORTHERN), LTD. v. J. P. KNIGHT, LTD.

[1969] 1 Lloyd's Rep. 364

Sale of ship - Alleged breach of contract- "Subject to satisfactory running trials"- "Subject contract"-Whether binding agreement reached.

HEATH STEELE MINES, LTD. v. THE "ERWIN SCHRODER" (THE "ERWIN SCHRODER")

[1969] 1 Lloyd's Rep. 370

Carriage by sea-Dangerous cargo-Concentrates -Deviation of vessel due to shifting of cargo-Whether cargo was of a dangerous character-Allegation that vessel was unseaworthy -Whether liability of charterers or owners-Effect of charter-party provision that carrier was responsible for cargo- Canadian Concentrates Code.

MATTHEWS AND OTHERS v. MACLAREN, JONES AND THE "OGOPOGO" HORSLEY AND OTHERS v. MACLAREN AND JONES

[1969] 1 Lloyd's Rep. 374

Negligence-Duty of care-Rescue-Passenger lost after fall overboard from pleasure boat- Alleged negligence by boat owner in rescue attempt-Whether legal duty on boat owner to go to rescue of passenger-Standard of conduct applicable to such duty-Whether wrong procedure adopted for rescue attempt -Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat owner's negligence-Volenti non fit injuria-Right of boat owner to limit liability.

ORIENT MID-EAST LINES, INC. v. CO-OPERATIVE FOR AMERICAN RELIEF EVERYWHERE, INC. ET AL. AND UNITED STATES OF AMERICA (THE "ORIENT MERCHANT"; THE "OLAU GORM")

[1969] 1 Lloyd's Rep. 384

United States-Carriage by sea-Additional freight-Closure of St. Lawrence Seaway- Vessel locked in Great Lakes for winter- Liability of shipper for additional freight- Whether shipowner negligent in disregarding warnings by Seaway Authority to clear its ships from Seaway - Effect of exculpatory clauses in bill of lading.

GALLAHER, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1969] 1 Lloyd's Rep. 389

Revenue - Import duty - Commonwealth preference - Withdrawal - Effect - Customs and Excise Act, 1952 - Import Duties Act, 1958-Meaning of "consigned".

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep. 405

Practice-Appeal-Dispute over sale of yacht -Question of law-Whether time for appeal should be abridged - Discretion of Court -R.S.C., Order 3, r. 5 (1).

THOMPSON v. BRISTOL CHANNEL SHIP REPAIRERS AND ENGINEERS, LTD. HARRIS v. CARDIFF CHANNEL DRY DOCKS AND PONTOON COMPANY, LTD.

[1969] 1 Lloyd's Rep. 407

Redundancy Payments Act, 1965 - Dry dock workers-Employment by other employers during periods when laid off - Whether "temporary cessation of work" - Contracts of Employment Act, 1963, Schedule 1, par. 5 (1) (b).

THE "MYRON" (OWNERS) v. TRADAX EXPORT S.A.

[1969] 1 Lloyd's Rep. 411

Arbitration - Award - Motion to set aside or remit-Alleged misconduct by arbitrators- No formal oral hearing-Allegation by party that it was not informed of date of hearing or given opportunity to present its case or given notice to produce documents - Customary procedure of maritime arbitrations. Arbitration - Award - Interest on award - Power of arbitrators to award interest rate at a higher rate than on a judgment debt - Arbitration Act, 1950, Sect. 20 - Comments by Court.

ENCYCLOPAEDIA BRITANNICA, INC. v. THE "HONGKONG PRODUCER" AND UNIVERSAL MARINE CORPORATION

[1969] 1 Lloyd's Rep. 421

United States - Bill of lading - Sea-water damage to cargo stowed on deck-Short form bill of lading not mentioning on-deck stowage - Terms of regular form incorporated into short form by reference- Whether carrier in breach of contract.

NORD-DEUTSCHE VERSICHERUNGS-GESELLSCHAFT, UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION, LTD., AND FISCHER BEARINGS MANUFACTURING, LTD. v. THE QUEEN. ROYAL NETHERLANDS STEAMSHIP COMPANY (THIRD PARTY) (THE "HERMES")

[1969] 1 Lloyd's Rep. 425

Canada-Negligence-Collision in St. Lawrence River-Sheering of vessel due to bank suction - Displacement of leading lights - Whether navigation department were negligent -Whether sinking of vessel due to collision-Liability of Crown.

PRACTICE NOTE

[1969] 1 Lloyd's Rep. 483

Administration of Justice Act, 1956.

(1) Form of writ where "sister" ship is arrested. (2) Affidavit to lead warrant-circumstances in which R.S.C., Order 75, r. 5 (8) applies.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 484

Orders for cross-examination of witnesses on affidavits.

PRACTICE DIRECTION

[1969] 1 LLOYD'S LAW REPORTS 485

Chancery Division-Affidavit evidence.

DOCKER v. HYAMS

[1969] 1 Lloyd's Rep. 487

Sale of ship - Notice of rejection - "If any material defects shall have been found purchaser may give notice of rejection"- Whether existence of defects or their materiality relevant and referable to arbitration.

TRADAX EXPORT S.A. v. VOLKSWAGENWERK A.G.

[1969] 1 Lloyd's Rep. 494

Charter-party-Centrocon Arbitration Clause- "All disputes from time to time arising out of this contract"-Arbitrator to be "appointed within three months of final discharge" -Arbitration clause incorporated "in this charter-party so far as applicable"-Whether Centrocon Clause applied to dispute under charter-party. Arbitration - Arbitrator - Appointment - Centrocon Arbitration Clause - Arbitrator to be "appointed within three mouths of final discharge" - Arbitrator nominated by charterers to owners - Nominated arbitrator informed by charterers after expiry of three months period - Meaning of "appointed". Charter-party - Construction - Deleted clause - Whether Court entitled to regard deleted clause.

FORNEY v. DOMINION INSURANCE COMPANY, LTD.

[1969] 1 Lloyd's Rep. 502

Insurance - Solicitor's indemnity insurance - Liability limited to claims "arising out of same occurrence" - Meaning and effect - Whether liability in damages to former clients included liability in costs - Damages for wrongful repudiation.

WEST AND OTHERS v. RITCHIE AND OTHERS (THE "CONVALLARIA")

[1969] 1 Lloyd's Rep. 511

Collision-Anchored vessel-Alleged failure to display anchor light-General practice in fishing anchorage-Look-out-Excessive speed.

CRELINSTEN FRUIT COMPANY v. THE "MORMACSAGA" (THE "MORMACSAGA")

[1969] 1 Lloyd's Rep. 515

Carriage by sea-Damage to cargo-Delivery delayed by strike-Vessel ordered to strike-bound port by owners-Damage to cargo due to delay when vessel became strike-bound -Effect of exemption clause in bill of lading-Whether owners had exercised due care to protect and safely carry cargo - U.S. Carriage of Goods by Sea Act, 1936.

MUTUAL LIFE AND CITIZENS' ASSURANCE COMPANY, LTD. v. EVATT MUTUAL LIFE AND CITIZENS' ASSURANCE COMPANY, LTD., AND THE M.L.C., LTD. v. SAME

[1969] 1 Lloyd's Rep. 535

Negligence-Duty of care-Gratuitous information and advice-Insurance company giving inquirer information and advice as to financial affairs of associated company-Whether duty of care owed to inquirer-Whether inquirer has cause of action.

Lloyd's Law Reports