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THAI-EUROPE TAPIOCA SERVICE LTD v. GOVERNMENT OF PAKISTAN, MINISTRY OF FOOD AND AGRICULTURE DIRECTORATE OF AGRICULTURAL SUPPLIES (IMPORT AND SHIPPING WING) (THE "HARMATTAN")

[1976] 1 Lloyd's Rep. 1

Conflict of laws - Jurisdiction - Foreign sovereign - Vessel chartered to Polish company for voyage from Gdansk to Karachi - Demurrage to be settled between owners and receivers of cargo - Bill of lading incorporating terms of charter-party issued to Polish company - Subsequent endorsement to West Pakistan Agricultural Development Corporation - Corporation dissolved and succeeded by Government of Pakistan - Vessel bombed at Karachi and discharge delayed - Claim by shipowners against Government of Pakistan for demurrage - Sovereign immunity pleaded - Whether plea successful.

PACIFIC MOLASSES CO. AND UNITED MOLASSES TRADING CO. LTD. v. ENTRE RIOS COMPANIA NAVIERA S.A. (THE "SAN NICHOLAS")

[1976] 1 Lloyd's Rep. 8

Bill of lading-Incorporation of Charter-party terms - Charter-party governed by English law - Reference to charter-party incomplete - Whether English law governed bill of lading. Conflict of laws - Jurisdiction - Service of writ outside jurisdiction - Whether English law proper law of contract - R.S.C. O. 11, r. 1 (f) (iii).

WATHES (WESTERN) LTD. v. AUSTINS (MENSWEAR) LTD.

[1976] 1 Lloyd's Rep. 14

Contract - Breach - Fundamental breach - Agreement to install air-conditioning plant in shop - Clause in contract exempting supplier from all liability - Plant excessively noisy - Nuisance caused to neighbour - Neighbour's action settled by purchaser of plant - Claim by purchaser against supplier for expenses incurred - Whether fundamental breach by supplier - Contract affirmed - Whether supplier could rely on exemption clause.

SAGITTARIUS (OWNERS) v. SCHWARZBURG (OWNERS) (THE "SCHWARZBURG")

[1976] 1 Lloyd's Rep. 26

Collision - Collision in River Plate Estuary in sharp bend of channel - Contravention of local rules of navigation - Inward bound vessel alteration to port due to involuntary sheer due to hydrodynamic causes - Outward bound vessel not holding back in accordance with local rule - Apportionment of blame - International Regulations for Preventing Collisions at Sea, 196S, r. 27 - Argentine Republic Code (c. 38) Navigation in Waters within the National Jurisdiction, ants. 1466, 1470(1), 1488(b), 1489, 1490(a).

THE ADMIRALTY MARSHAL v. CALDER (THE "SYNOVA")

[1976] 1 Lloyd's Rep. 40

Admiralty practice - Action in rem - Arrest of vessel - Interference by master with arrest of vessel by representative of Admiralty Marshal - Contempt of court - Important authority of Admiralty Court should be preserved - Fine and order master pay costs of Admiralty Marshal - R.S.C., O. 52, r. 9.1

SEABOARD WORLD AIRLINES INC. v. DEPARTMENT OF TRADE

[1976] 1 Lloyd's Rep. 42

Carriage by air - Interpretation of Bermuda Agreement made between U.K. and U.S. Governments - Operating permit granted to air carriers - Whether air carriers entitled to fly New York-Paris-London-New York discharging cargo loaded in New York at Paris and London - Whether air carriers must call at London first.

RUSSLAND (or McKINNEY) v. ALLAN

[1976] 1 Lloyd's Rep. 48

Bill of exchange - Scotland - Evidence - Bill prescribed by Bills of Exchange (Scotland) Act, 1772 - Whether bill admissible in evidence - Whether proof should be restricted to writ or oath of defender - Bills of Exchange (Scotland) Act, 1772, ss. 37, 39.

"ZIEMIA SZCZECINSKA" (OWNERS) v. "DJERADA" (OWNERS) (THE "DJERADA")

[1976] 1 Lloyd's Rep. 50

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.

VOSPER THORNYCROFT LTD. v. MINISTRY OF DEFENCE

[1976] 1 Lloyd's Rep. 58

Contract - Shipbuilding contract - Contract acceptance delayed due to matters beyond control of builders - Builders claimed further £4,000,000 in respect of delays - Whether builders entitled to go to arbitration - Basis on which builders' claim to be assessed - Construction of contract.

AMERICAN SMELTING & REFINING CO. v. S.S. "IRISH SPRUCE" AND IRISH SHIPPING LTD. (THE "IRISH SPRUCE")

[1976] 1 Lloyd's Rep. 63

Bill of lading-United States-Unseaworthiness - Excepted peril - Vessel running aground on Quita Sueno Bank - Most of cargo lost - Whether shipowners could rely on exception of fault in navigation - United States Carriage of Goods by Sea Act, 1936, s. 3 (1), 4 (2) (46 U.S.C. ss. 1303 (1), 1304 (2)). Bill of lading - United States - Limitation of liability - Vessel running aground on Quita Sueno Bank - Most of cargo lost - Whether shipowner could limit liability - Whether loss happened without their privity or knowledge.

THE "ESCHERSHEIM"

[1976] 1 Lloyd's Rep. 81

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

ARRALE v. COSTAIN CIVIL ENGINEERING LTD.

[1976] 1 Lloyd's Rep. 98

Master and servant - Personal injuries - Workman injured in Dubai - Ordinance of Dubai provided for compensation - Workman accepted compensation in full satisfaction and discharge of all claims and signed receipt - Action brought in England against employer - Whether employer could rely on receipt as discharging all liability - Whether workman could claim damages under common law.

THE "ADOLF WARSKI" AND THE "SNIADECKI"

[1976] 1 Lloyd's Rep. 107

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.

"HORTA BARBOSA" (OWNERS) v. "SEA STAR" (OWNERS) (THE "SEA STAR")

[1976] 1 Lloyd's Rep. 115

Collision - Crossing vessels - Vessels approaching in opposite directions on reciprocal courses - Bad 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.

"ALONSO DE OJEDA" (OWNERS) v. "SESTRIERE" (OWNERS) (THE "SESTRIERE")

[1976] 1 Lloyd's Rep. 125

Collision - Collision in River Plate - Crossing vessels - Respective duties - Seamanship - For collision regulations to apply necessary that "stand-by" ship should be on clearly defined course - Inadequate lookout on both vessels - Apportionment of blame - Whether Regulations for Preventing Collisions at Sea applicable - Collision Regulations, 1960, rr. 19, 23, 27, 29.

THE SHIPPING CORPORATION OF INDIA LIMITED v. NAVIERA LETASA, S.A.

[1976] 1 Lloyd's Rep. 132

Charter-party (Time) - Cancelling clause - Vessel to be delivered to charterers by certain date - Vessel ordered towards range of ports in N. America - Subsequent order to proceed to port in S. America after she had already passed point at which courses diverged - Late arrival of vessel - Whether charterers entitled to cancel charter-party - Whether shipowners entitled to damages.

FERGUSON v. DAWSON & PARTNERS (CONTRACTORS) LTD.

[1976] 1 Lloyd's Rep. 143

Muster 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.

STEIN AND OTHERS v. THE "KATHY K" (ALSO KNOWN AS "STORM POINT") AND "S.N. NO. 1", EGMONT TOWING & SORTING LTD., SHIELDS NAVIGATION LTD., HELSING AND IVERSON (THE "KATHY K")

[1976] 1 Lloyd's Rep. 153

Collision - Canada - Yacht in collision with towed barge - Yacht's crew killed - Whether tug-owner liable - Faulty lookout - Excessive speed - Failure to sound signals - Towrope too long - Collision Regulations, 1960, rules 12, 20, 22, 23, 29 - National Harbour Board Regulations, regulations 35 (1), 37 (1). Limitation of liability - Canada - Collision between yacht and towed barge - "Actual fault or privity" of tug-owner - Right of tug-owner and master to limit liability - Tow-rope too long - Tug not supplied with copy of Collision Regulations, 1960 - Minimum crew not present - No whistle on flying bridge - Master insufficiently experienced - Alternative means of activating whistle not supplied - Canada Shipping Act (R.S.C. 1970, cap. S-9) ss. 647 (2), 649 (1), 651 (1).

PRACTICE DIRECTION

[1976] 1 LLOYD'S LAW REPORTS 165

Court procedure - Entry of appeals by way of case dated.

BRITISH AIRWAYS BOARD v. TAYLOR (INSPECTOR OF TRADING STANDARDS, MANCHESTER)

[1976] 1 Lloyd's Rep. 167

Carriage by air - Passenger booked seat on aircraft - B.O.A.C. confirmed booking - Aircraft overbooked - Whether B.O.A.C. recklessly made statement which was false - Trade Descriptions Act, 1968, s. 14 (1) - Whether British Airways Board proper party to action.

ARENSON v. ARENSON AND CASSON, BECKMAN, RUTLEY & CO.

[1976] 1 Lloyd's Rep. 179

Negligence - Auditor - Valuation by auditor of shares to be sold by one shareholder to another - Whether auditor acting as expert - Valuation alleged to be negligent - Whether auditor immune from liability for damages for negligence - Whether statement of claim should be struck out.

MILIANGOS v. GEORGE FRANK (TEXTILES) LTD.

[1976] 1 Lloyd's Rep. 201

Sale of goods - Payment on contract in Swiss francs - Whether English Courts can give judgment in foreign currency. Practice - Jurisdiction of English Court to give judgment in foreign currency. Practice - Precedent - Decision of Court of Appeal - Not followed by puisne Judge - Consideration of "per incuriam" principle by House of Lords.

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

[1976] 1 Lloyd's Rep. 234

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

ATTICA SEA CARRIERS CORPORATION v. FERROSTAAL POSEIDON BULK REEDEREI G.M.B.H.

[1976] 1 Lloyd's Rep. 250

Charter-party (Demise) - Redelivery - Vessel out of repair - Charterers redelivered vessel terminating charter hire - Shipowners refused to accept redelivery - Whether charterers bound to repair vessel before redelivery - Whether shipowners entitled to hire until vessel repaired.

PAN-AMERICAN WORLD AIRWAYS INCORPORATED v. DEPARTMENT OF TRADE

[1976] 1 Lloyd's Rep. 257

Carriage by air - Regulation - International Air Transport Association Resolution on agency commissions rescinded by British and foreign airlines - Incentive bonus commission scheme operated by foreign airline - Airline's operating permit varied by Secretary of State to include condition on agents' rates of commission - Whether variation ultra vires - Air Navigation Order, 1974, arts. 60, 79; Civil Aviation Act, 1949, s. 8 (2); Chicago Convention, arts. 6, 43, 44; Bermuda Agreement, 1946, arts. 1, 5 and 6.

ROSE v. PLENTY AND CO-OPERATIVE RETAIL SERVICES LTD.

[1976] 1 Lloyd's Rep. 263

Master and servant - Vicarious liability - Milk roundsmen prohibited from employing children to help them on their rounds - Child injured while in employ of milk roundsman - Whether roundsman acting within the scope of his employment - Whether employers liable for acts of their employee.

CEBORA S.N.C. v. S.I.P. (INDUSTRIAL PRODUCTS) LTD.

[1976] 1 Lloyd's Rep. 271

Practice - Summary judgment - Dishonour of bills of exchange - Claim for payment by holder - Counterclaim by drawer - Application for summary judgment - Whether judgment should be stayed pending trial of counterclaim - R.S.C., O. 14. Bill of exchange - Nature - Dishonour of bill of exchange - Claim by holder for payment - Counterclaim by drawer - Whether bill of exchange should be treated as cash - Whether judgment on claim should be stayed pending trial of counterclaim.

PRACTICE DIRECTION

[1976] 1 LLOYD'S LAW REPORTS 281

Chambers procedure - Lodgments into Court under s. 63 of the Trustee Act, 1925.

PRACTICE DIRECTION

[1976] 1 LLOYD'S LAW REPORTS 282

Supreme Court - Claims and judgments in foreign currency O. 6, r. 2, O. 13, 14, 19, 22, 42, 45, 50, 51.

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

[1976] 1 Lloyd's Rep. 285

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.

OCCIDENTAL WORLDWIDE INVESTMENT CORP. v. SKIBS A/S AVANTI, SKIBS A/S GLARONA, SKIBS A/S NAVALIS (THE "SIBOEN" AND THE "SIBOTRE")

[1976] 1 Lloyd's Rep. 293

Charter-party (Time) - Hire - Amount - Vessels chartered at rate of $4.40 per ton per month - Subsequent agreement by shipowners to reduce hire to $4.10 per month - Whether agreement induced by charterers' misrepresentation or made under duress - Remedies of shipowners. Charter-party (Time) - Withdrawal of vessels from service of charterers - Whether withdrawal justified. Charter-party (Time) - Frustration - Oil tankers chartered for world wide service - Vessels no longer needed by charterers because sources of supply of oil remained normal - Whether charter-parties frustrated.

P. J. VAN DER ZIJDEN WILDHANDEL N.V. v. TUCKER & CROSS LTD.

[1976] 1 Lloyd's Rep. 341

Arbitration - Award - Failure to award interest on damages - Whether arbitrator had misconducted himself - Whether award should be remitted.

THE QUEEN v. CIVIL AVIATION AUTHORITY EX PARTE NORTHERN AIR TAXIS LTD.

[1976] 1 Lloyd's Rep. 344

Carriage by air - Air operator's certificate - Civil Aviation Authority provisionally suspended certificate - Whether notice and reasons for suspension should be given - Air Navigation Order, 1974, art. 60 (i).

V. BERG & SON LTD. v. VANDEN AVENNE-IZEGEM P.V.B.A.

[1976] 1 Lloyd's Rep. 348

Sale of goods (c.i.f.) - Non-delivery - Delay in shipment due to bad weather - Sellers' request for extension of time refused - Sellers invoked force majeure clause of GAFTA contract - Buyers claimed damages in default - Whether sellers liable for failure to ship within time.

BUNGE S.A. v. KRUSE

[1976] 1 Lloyd's Rep. 357

Sale of goods (c.i.f.) - Breach of contract - Accord and satisfaction - Contract for sale of U.S. solvent extracted soya bean meal c.i.f. Bremen by instalments - Export of meal prohibited by U.S. Government - One instalment affected - Claim by buyers for breach of contract - Whether there had been accord and satisfaction of claim - GAFTA form no. 100, cll. 10, 21, 22, 26. Arbitration - Remission of award - Failure by arbitrators to find facts sought for by party - Whether "misconduct" - Whether award should be remitted.

GROVES-RAFFIN CONSTRUCTION LTD. AND FIDELITY INSURANCE CO. OF CANADA v. BANK OF NOVA SCOTIA AND CANADIAN IMPERIAL BANK OF COMMERCE

[1976] 1 Lloyd's Rep. 373

Banking - Canada - Cheque drawn on company by company secretary and made payable to himself - Cheque subsequently paid into personal account - Whether paying and/or collecting bank liable to company - Whether paying bank in breach of mechanics' lien trust by repaying overdraft granted to company - Mechanics' Lien Act (R.S.B.C., 1960, Cap. 238), s. 3.

MARDORF PEACH & CO. LTD. v. ATTICA SEA CARRIERS CORPORATION OF LIBERIA (THE "LACONIA")

[1976] 1 Lloyd's Rep. 395

Charter-party (Time) - Hire - Withdrawal of vessel by shipowners for non-payment - Whether hire accepted before notice of withdrawal received by charterers.

MALLOZZI v. CARAPELLI S.P.A.

[1976] 1 Lloyd's Rep. 407

Sale of goods (c.i.f.) - Demurrage - Shipment of maize and oats from the Plate to Italy - First port of discharge to be mutually agreed between parties - Buyers to pay demurrage as per charter-party - No provisions in charter-party - Bills of lading relating to oats falsely dated - First port of discharge nominated unilaterally by sellers - Payment of demurrage by buyers under protest - Whether buyers entitled to damages and repayment of demurrage paid - London Corn Trade Association form no. 41.

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

[1976] 1 Lloyd's Rep. 416

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sale of U.S. soya bean meal c.i.f. Rotterdam - Shipment to be June, 1973 - Disastrous floods in area of River Mississippi - Quota restrictions on export of soya bean meal imposed - Part of meal not delivered - Whether sellers excused-GAFTA Contract form no. 100.

STERLING COAL & NAVIGATION CORPORATION OF NEW YORK "INVOTRA" INVOER-EN TRANSPORT-ONDERNEMING N.V. v. HALFDAN GRIEG & CO. A/S (THE "LYSLAND")

[1976] 1 Lloyd's Rep. 427

Charter-party (Time) - Compensation - Time charter-party for about 24 months, one month more or less at charterers' option-Cancellation by mutual consent-New agreement substituted -Owners to be free to let out vessel for remainder of period of original charter-party - Compensation to be paid to owners by charterers - Vessel subsequently let out under voyage charter-party and long term time charter-party - Whether owners to be compensated for real loss or notional loss only.

ALUMINIUM INDUSTRIE VAASSEN B.V. v. ROMALPA ALUMINIUM LTD.

[1976] 1 Lloyd's Rep. 443

Sale of goods - Conditions - Plaintiffs sold aluminium foil to the value of £122,239 to defendants - Receiver appointed by defendants' bankers - Whether cl. 13 of plaintiffs' conditions of sale applied - Whether plaintiffs entitled to a charge on moneys in hands of receiver and return of unsold aluminium foil.

THE "HALCYON SKIES"

[1976] 1 Lloyd's Rep. 461

Admiralty practice - Maritime lien - Action for wages - Shipowners in liquidation - Pension fund contributions - Failure of shipowners to pay such contributions into fund - Whether seaman can recover contributions shipowners should have paid into fund - Whether seaman has maritime lien in respect of such contributions - Administration of Justice Act, 1956, s. 1(1)(o), s. 3(3).

B.P. EXPLORATION CO. (LIBYA) LTD. v. HUNT

[1976] 1 Lloyd's Rep. 471

Practice - Jurisdiction - Service of writ out of jurisdiction - Oil concession granted to defendant by Libyan Government - Transfer of half share in concession to plaintiffs - Defendant to be paid capital sum and expenses - Plaintiffs' half share nationalized - Writ issued claiming declaration that contract was frustrated and claiming sums considered just by Court in respect of benefits obtained by defendant - Whether leave to serve notice of writ out of jurisdiction should be granted under R.S.C., O. 11 r. 1 (f) - Law Reform (Frustrated Contracts) Act, 1943, ss. 1, 2. Conflict of laws - Contract - Proper law - Contract concerning oil concession in Libya made in England and amended in Texas- Whether English law proper law of contract.

JONES v. BENNETT

[1976] 1 Lloyd's Rep. 484

Limitation of action - Period of limitation - Personal injuries - Action statute barred - Writ issued outside limitation period - Whether action could proceed on ground that plaintiff ignorant of fact that she had a cause of action - Limitation Act, 1963, s. 1(1), (3).

PRACTICE DIRECTION

[1976] 1 LLOYD'S LAW REPORTS 488

Chambers procedure - Dates for hearing originating summonses for new tenancies under the Landlord and Tenant Act, 1954.

ISMAIL v. POLISH OCEAN LINES (THE "CIECHOCINEK")

[1976] 1 Lloyd's Rep. 489

Charter-party (Voyage) - Bad stowage - Potatoes shipped at Alexandria for delivery at Boston, Lincs.-Clause relieving shipowners from liability for rot, decay or deterioration - Cargo improperly stowed - Whether shipowners could rely on clause. Arbitration - Special case - How questions of law should be framed.

W. BRUNS & COMPANY OF HAMBURG v. STANDARD FRUIT AND STEAMSHIP COMPANY OF NEW ORLEANS (THE "BRUNSRODE")

[1976] 1 Lloyd's Rep. 501

Charter-party (Time)-Hire payable in United States currency-Officers and crew paid in German currency - Hire increased or decreased if "wage change"-Dispute as to calculation of amount of increase or decrease.

WILSON, SMITHETT & COPE LTD. v. TERRUZZI

[1976] 1 Lloyd's Rep. 509

Contract-Illegality-Exchange control-English broker employed by Italian principal resident in Italy to deal on London Metal Exchange -Claim by broker to be reimbursed in respect of transactions effected-Whether transactions authorized by principal-Whether transactions unenforceable on ground of prohibition by Italian exchange control regulations-Whether transactions "exchange contracts"-Bretton Woods Fund Agreement, art. VIII (2) (b).

CAMPBELL v. EDWARDS

[1976] 1 Lloyd's Rep. 522

Contract-Landlord and tenant-Surrender of lease-Agreed valuer fixed price of remainder of lease - Whether landlord bound by valuation.

WALFORD AND OTHERS v. RICHARDS

[1976] 1 Lloyd's Rep. 526

Limitation of action-Personal injuries-Period of limitation expired-Whether name and address of garage a material fact of a decisive character-Whether new action could be brought under Limitation Act, 1963- Whether Limitation Act, 1975 applied.

PUMICE AGGREGATES LTD. v. LEP CHARTERING LTD.

[1976] 1 Lloyd's Rep. 529

Charter-party (Time)-Charterers let space on their vessel-Defendants agreed to take over time charter-Net profits to be split 50-50- Whether defendants or their associate company accountable for 50 per cent.-O. 14 proceedings-Whether defendants had an arguable defence.

BRIANT v. PRUDENTIAL ASSURANCE CO. LTD.

[1976] 1 Lloyd's Rep. 533

Insurance (Personal protection)-Plaintiff had stomach abscesses removed-Insurers denied liability-Plaintiff awarded £265 damages- Quantum of damages.

FIRST THAMES LAND HOLDING LTD. AND ANOTHER v. CRAIOVA (OWNERS) AND ANOTHER (THE "CRAIOVA")

[1976] 1 Lloyd's Rep. 536

Admiralty practice - Action in rem - Service out of jurisdiction - Collision of Rumanian ship with jetty in River Thames- Claim for damages by owners and lessees of jetty against shipowners-Collision with jetty due to alleged temporary failure of ship's steering gear-Steering gear manufactured and installed by West German company- Application by West German company to set aside writ-Whether application should be granted-R.S.C., O. 11, rr. 1 (1), 4 (2).

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

[1976] 1 Lloyd's Rep. 542

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.

ANDERS UTKILENS REDERI A/S v. O/Y LOVISA STEVEDORING COMPANY A/B (THE "GOLFSTRAUM")

[1976] 1 Lloyd's Rep. 547

Charter-party (Time)-Unsafe berth-Vessel to be "employed between good and safe berths" - Vessel ordered to Commercial Wharf - Vessel took the ground and was severely damaged -Owners claimed against charterers and wharfingers-Whether wharfingers could claim contribution from charterers.

INTERMARE TRANSPORT G.m.b.H. v. NAVES TRANSOCEANICAS ARMADORA S.A. (THE "ARISTOKRATIS")

[1976] 1 Lloyd's Rep. 552

Charter-party (Time) - Centrocon arbitration clause - From which date of discharge time runs-Vessel damaged at a discharging port- Dispute to be referred to arbitration-Owners delayed in appointing arbitrator - Whether appointment within time - Whether owners' application for extension of time should be granted - Arbitration Act, 1950, s. 27 - "Linertime" form.

CREDIT LYONNAIS v. P. T. BARNARD & ASSOCIATES LTD.

[1976] 1 Lloyd's Rep. 557

Bill of exchange-Bills drawn in French by French sellers on English buyers - Bills accepted by buyers in England and returned to France-Bills dishonoured on presentation - Non est factum pleaded by buyers - Prohibition of export of bills in foreign currency-Whether bills illegal and void- -Exchange Control Act, 1947, s. 22 (1) (e) (iii).

BAUGH v. CRAGO

[1976] 1 Lloyd's Rep. 563

Insurance (Motor) - Insurance policy - Driver not in possession of driving licence-Insurance policy rendered ineffective - Whether owner guilty of offence of permitting car to be driven uninsured.

HAPAG-LLOYD A.G., STORK AMSTERDAM N.V. AND FITZGERALD v. TEXACO INC. AND TEXACO PANAMA INC. (THE "TEXACO CARIBBEAN")1

[1976] 1 Lloyd's Rep. 565

Collision - Forum non conveniens - German vessel colliding with unmarked wreck of Panamanian vessel in Strait of Dover - Action for damages brought in New York Court by owners of German vessel, owners of her cargo, and administrators of estates of her crew-Some evidence available in New York - Most witnesses in England - Other related suits pending in England-Possibility of claims of deceased under Death on the High Seas Act (46 U.S.C. s. 761) not being accepted in English law-Whether New York or England more convenient forum-United States.

PRACTICE DIRECTION

[1976] 1 LLOYD'S LAW REPORTS 574

Lloyd's Law Reports