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DAWSON v. EUXINE SHIPPING COMPANY, LTD.

[1953] 1 Lloyd's Rep. 1

Docks Regulations, 1934 - Safe means of access - Ship's gangway from ship to quay - Obligation under Regulation 9 - Whether gangway in fact unsafe.

SMITH v. PORT OF LONDON AUTHORITY.

[1953] 1 Lloyd's Rep. 6

Negligence - Safe premises - Unusual danger - Railway lines traversing road in dock - Cyclist upset when crossing lines - Duty of dock authority to invitee - Whether authority failed in their duty of care - Warning notice to cyclists - Publication. Practice - Legal aid scheme - Costs - Liability of unsuccessful assisted litigant to contribute.

GRAY v. THE ADMIRALTY.

[1953] 1 Lloyd's Rep. 14

Negligence - Safe premises - Faulty staircase - Glass-panelled door - Liability of occupiers to injured employee - Proof of dangerous condition.

HINDUSTAN STEAM SHIPPING COMPANY, LTD. v. NATIONAL COAL BOARD; SAME v. RAILWAY EXECUTIVE.

[1953] 1 Lloyd's Rep. 19

Contract - Breach - Supply of bunker coal - Implied term - Fitness for purpose - Mixture of hards and smalls - Inability of ship to raise steam on voyage - Whether bunkers supplied at ship's rail in proper proportion and sequence - Practice of port (Hull) - Proof.

ACCINANTO, LTD., AND OTHERS v. A/S J. LUDWIG MOWINCKELS AND ANOTHER. [THE "OCEAN LIBERTY."]*

[1953] 1 Lloyd's Rep. 38

Bill of lading - Dangerous cargo - Stowage - Fire and explosion - Lack of adequate ventilation - Risk of spontaneous combustion - Knowledge available to carriers - Cargo loaded by stevedores employed by carriers - Deviation owing to strike at unloading port - Carriage of Goods by Sea Act, 1936, Sects. 4 (2) (b), 4 (4).

BECKETT v. NEWALLS INSULATION COMPANY, LTD., AND LIGHTFOOT REFRIGERATION COMPANY, LTD.

[1953] 1 Lloyd's Rep. 53

Negligence - Dangerous thing - Gas cylinder left in ship being fitted out - Workman injured in explosion following escape of gas - Unascertained cause of escape - Degree of care.

FLOYD v. BUSH.

[1953] 1 Lloyd's Rep. 64

Road Traffic Act, 1930 - Mechanically propelled vehicle - Auto-pedal cycle - Taken away without consent of owner - Propulsion by pedalling - Still capable of mechanical propulsion - Offence.

CARROLL v. PORT OF LONDON AUTHORITY.

[1953] 1 Lloyd's Rep. 66

Negligence - System of working - Discharge of bagged cargo from ship overside into barge - Use of "married gear" - Plaintiff dock labourer in barge struck by part of hoisting tackle - Alleged negligence of winchman, of hatchwayman, and/or of fellow dock labourer - Whether system unsafe in that "married gear" was not fitted with swivel - Contributory negligence.

PUDNEY v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD., AND ANOTHER.

[1953] 1 Lloyd's Rep. 73

Negligence - Medical treatment - Ship's doctor - Alleged lack of care in treatment of member of crew - Proof.

FREDERICK E. ROSE (LONDON), LTD. v. WM. H. PIM, JUNR., & CO., LTD.

[1953] 1 Lloyd's Rep. 84

Contract - Sale of goods - Rectification - Mistake - Misdescription - "Horsebeans described here [in Egypt as] feveroles" - Mutual mistake as to subject-matter - Sale of "horsebeans, f.a.q."

DOUGLAS v. MERSEY DOCKS AND HARBOUR BOARD.

[1953] 1 Lloyd's Rep. 93

Negligence - System of working - Steel structures resting on trestles - Method of lowering to ground - Manhandling by gang - Failure to follow system laid down. Costs - Assisted litigant - Unsuccessful plaintiff ordered to contribute by instalments.

DAY v. ROYAL MAIL LINES, LTD.

[1953] 1 Lloyd's Rep. 97

Negligence - Protection of eyes - Paint scaler working without goggles - Fall from ship's staging - Personal injuries sustained - Impairment of vision - Cause of fall - Protection of Eyes Regulations, 1938.

CARNILL v. ROWLAND.

[1953] 1 Lloyd's Rep. 99

Road Traffic Act, 1930 - Third-party risks - Insurance of motor cycle and sidecar "permanently attached" - use with body of sidecar detached - Offence - Whether policy remained in force - Effect of insurance company's admission that they were "on risk" - Sect. 35 (1).

BEVES & CO., LTD. v. FARKAS.

[1953] 1 Lloyd's Rep. 103

Contract - Sale of goods (f.o.b.) - Non-performance - Exporting of timber under Austrian Government "compensation licence" - Withdrawal of "compensation licences" - Non-delivery - Frustration - Duty of seller to take steps to implement contract - Forward contract for sale of unascertained goods - Contemplation of parties.

NEWMAN v. HARLAND & WOLFF, LTD.

[1953] 1 Lloyd's Rep. 114

Negligence - System of working - Extent of employers' duty - Installing of steam turbine rotor in ship - Personal injuries sustained by plaintiff assisting in operation - Doubt as to cause of accident - Accident occurring before system operated.

GOTTESMANN v. NAVIGATION & TRADING COMPANY, LTD.

[1953] 1 Lloyd's Rep. 119

Contract - Sale of shares - Immediate payment upon transfer - Provision for future additional payment "if and when the company is able to utilize or cash its credit . . . in the Government Tonnage Replacement Account" - Compulsory winding-up - Insolvency even after taking into account sum realized from sale of credit - Right of seller to further payment - Implied term - Contemplation of parties - Ambiguity.

WEBSTER v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1953] 1 Lloyd's Rep. 123

Motor insurance - Loss - Owner deprived of possession by fraudulent misrepresentation - Voluntary parting with possession to motor agent - Conversion - Retention of proceeds by agent - Plaintiff aware of present owner of car, but informed by police that any attempt to recover it would be unavailing - Notice of claim to be given "as soon as possible after the occurrence of any loss" - Waiver.

REARDON SMITH LINE, LTD. v. AUSTRALIAN WHEAT BOARD.

[1953] 1 Lloyd's Rep. 131

Charter-party - "Safe wharves as ordered" - Ship ordered to proceed to certain berth - Berth not generally unsafe but rendered unsafe by reason of absence of hauling-off buoy and waling-piece - Deterioration in weather - Damage to ship and wharf - Liability of voyage charterers - Alleged failure by master to take steps to avoid damage.

THE "SAINT ANDRE."

[1953] 1 Lloyd's Rep. 137

Negligence - Dock - Moorings - Ship moored in tidal dock - Parting of moorings during wind of hurricane force - Collision with other moored ships - Apprehension of worsening weather - Provision of additional moorings - Duty to keep adequate deck watch - Whether anchors should have been dropped - Plea of inevitable accident - Onus of proof.

CALNAN v. LONDON GRAVING DOCK COMPANY, LTD.

[1953] 1 Lloyd's Rep. 149

Negligence - Safe premises - Repairs to ship - Dismantling of staging in ship's hold - Fall through gap in staging - Obviousness - Duty of employee to take care for himself - Shipbuilding Regulations, 1931, Regulations 11, 13.

ROTTERDAMSCHE BANK N.V. AND BANQUE DE L'INDOCHINE v. BRITISH OVERSEAS AIRWAYS CORPORATION AND ADEN AIRWAYS, LTD.

[1953] 1 Lloyd's Rep. 154

Carriage by air - International carriage - Successive carriers - Transhipment of gold coins into aircraft owned by last carrier - Last carrier not named in consignment note - Over-carriage - Deviation - Cargo stolen - Competence of Court to entertain claim against last carrier - Warsaw Convention, 1929, Arts. 28 (1), 30 (1) - Carriage by Air Act, 1932, Sects. 1, 3.

HOLFORD v. PORT OF LONDON AUTHORITY.

[1953] 1 Lloyd's Rep. 162

Negligence - Safe plant and appliances - System of working - Unloading of wooden cases from railway trucks - Use of dog hooks and chains - Injury to dock labourer - Suitability of equipment.

ALLPORT v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1953] 1 Lloyd's Rep. 167

Negligence-Safe equipment-Electric bogie-Fall over edge of loading bank in docks-Injury to driver-Alleged defective brakes-Proof. Costs-Assisted person-Unsuccessful plaintiff ordered to pay £76 towards costs.

MANCKTELOW v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1953] 1 Lloyd's Rep. 172

Negligence - Unusual danger - Stowage of general cargo - Descent from top of partly crated transformer - Trip over protruding lugs - System of working - Absence of supervision - Duty to warn.

BIRCHALL v. J. BIBBY & SONS, LTD

[1953] 1 Lloyd's Rep. 175

DAVID TAYLOR & SON, LTD. v. BARNETT.

[1953] 1 Lloyd's Rep. 181

Arbitration - Award - Motion to set aside - Misconduct of arbitrator - Error in law on face - Award enforcing illegal contract - Jurisdiction of arbitrator - [1948] S.I., No. 1509 - [1951] S.I. No. 1317 - Arbitration Act, 1950, Sects. 22 (1), 23 (2).

NICOLENE, LTD. v. SIMMONDS.

[1953] 1 Lloyd's Rep. 189

Contract - Sale of goods - Offer and acceptance - "Usual conditions of acceptance" - Qualified acceptance - Effect of meaningless or ambiguous term - Consensus ad idem.

THE "METAMORFOSIS."

[1953] 1 Lloyd's Rep. 196

Conflict of laws - Bill of lading - Non-delivery of cargo shipped in Greek ship from Sweden to Holland - Claim by Dutch consignees under bill of lading - Proper law of contract - Intention of parties - Incorporation of terms of charter-party entered into between Dutch Government and English agents of Greek shipowners - Charter-party and bill of lading in English language. Practice - Writ - Service out of the jurisdiction - Non-delivery under bill of lading - Claim by Dutch consignees against Greek shipowners - Ship under charter to Dutch Government - Incorporation in bill of lading of terms of charter-party (signed by English agents on behalf of shipowners) - Proper law of contract - Intention of parties - Discretion of Court - R.S.C., Order 11, r. 1 (e).

CARMEL EXPORTERS & IMPORTERS, LTD. v. H. E. DANIEL, LTD.

[1953] 1 Lloyd's Rep. 203

Arbitration - Award in second arbitration - Motion to set aside - Sale of goods - Dispute on quality - Award of allowance to buyers - Later claim by buyers to reject on ground of non-compliance with contract description - Refusal by sellers to participate in second arbitration - Further award upholding buyers' claim - Motion by sellers to set aside - Accord and satisfaction - General Produce Brokers' Association of London Contract (C.I.F. Form), No. 1.

PEASE v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1953] 1 Lloyd's Rep. 207

Negligence - System of working - Loading of vessel - Personal injuries sustained by stevedore on two occasions - (1) Use of sling and board - Uneven surface in hold - Alleged inadequate dunnage - Fall of cargo from tilting board - (2) Overloading of crane - Rapid lowering - Swinging of cargo after breaking dunnage - Docks Regulations, 1934, Regulation 33.

KINGSLEY & KEITH, LTD. v. GLYNN BROTHERS (CHEMICALS), LTD.

[1953] 1 Lloyd's Rep. 211

Contract - consensus ad idem - Illusory contract - Sale of goods - Sub-sale - Breach by original sellers - Damages - Claim by buyers to be indemnified against any liability to sub-buyers - Whether firm contract entered into between buyers and sub-buyers - Sub-contract evidenced by bought and sold notes - Differing terms.

METAL SCRAP & BY-PRODUCTS, LTD. v. FEDERATED CONVEYORS, LTD., AND TRIBBLE (THIRD PARTY).

[1953] 1 Lloyd's Rep. 221

Insurance - Loss in transit - Fraud of sub-contractor - Liability of contractor - Right to indemnity under policy covering loss in transit "per vehicles owned or hired by the assured or by sub-contractors of the assured and/or their sub-contractors" - Ambiguity - Contra proferentes doctrine.

ASHTON v. MERSEY DOCKS AND HARBOUR BOARD.

[1953] 1 Lloyd's Rep. 230

Negligence - Crane driver - Stacking of bagged sugar - Dock labourer struck by fall of crane - Contributory negligence - Onus of proof.

THOMAS STONE (SHIPPING), LTD. v. THE ADMIRALTY AND OTHERS. [THE "ALBION."]

[1953] 1 Lloyd's Rep. 239

Collision - Lights - Look-out - Seamanship - Uncompleted aircraft carrier in tow of tugs - Large and unwieldy tow - Defective port light - "Not under command" - Defective planning of towage operation - Duty to shipping in vicinity - Divided responsibility of tugowners and shipbuilders - Apportionment of blame - Collision Regulations, Arts. 3, 4, 29 - Merchant Shipping Act, 1894, Sect. 419 (1). Collision Regulations - Uncompleted aircraft carrier Albion - Not yet commissioned - Applicability of Regulations.

BOLSON & SON, LTD. v. FARRELLY (H.M. INSPECTOR OF TAXES).

[1953] 1 Lloyd's Rep. 258

Revenue - Income tax - Assessment - Dealings in ships - Company carrying on passenger carrying and shipyard businesses - Separate businesses - Profits made on purchase and sale of ships used for passenger carrying purposes - Characteristics of transactions.

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

[1953] 1 Lloyd's Rep. 268

Practice - Motion for summary judgment - Sale of goods - Rejection by buyers - Claim by sellers for damages based on umpire's award - Leave to defend on question of liability - Matters fully considered by umpire - Defence struck out.

THE "TYNWALD."

[1953] 1 Lloyd's Rep. 271

Collision - River - Starboard-hand rule - Fog - Excessive speed - Information of craft movements in river received from port radar station - Seamanship.

ATLANTIC MARITIME COMPANY, INC. v. GIBBON.

[1953] 1 Lloyd's Rep. 278

Marine insurance - Freight policy - Loss - Restraint of princes - Civil war - Delay - Vessel under voyage charter ordered to leave loading port by Chinese armed forces - Master's compliance with order, no cargo being loaded - Whether voluntary act - No attempt to return - New charter fixed by owners - "Warranted free of any claim based upon loss of, or frustration of, any voyage" caused by restraint of princes - "Warranted free of loss proximately cawed by delay" - Institute War and Strike Clauses: Freight - Time - Institute Time Clauses - Freight.

SHEVLIN v. MERSEY DOCKS AND HARBOUR BOARD.

[1953] 1 Lloyd's Rep. 288

Negligence - Docks - Shunting operations - Plaintiff dock labourer struck by buffer of railway wagon - Plaintiff standing in apparent safety in vicinity of concrete block at end of lines - Dangerous overhang of wagon buffers Duty to warn.

BURKE v. ELLERMAN & PAPAYANNI LINES, LTD.

[1953] 1 Lloyd's Rep. 295

Negligence - Safe premises - Patch of oil on deck - Seaman's fall in process of cleaning deck - Employers' duty of care.

THE "CAWARSAND."

[1953] 1 Lloyd's Rep. 298

Salvage - River - Port authority's servants - Scope of duties - Whether services outside their ordinary duties.

THE "PRINS ALEXANDER."

[1953] 1 Lloyd's Rep. 301

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

KRUSE v. QUESTIER & CO., LTD.

[1953] 1 Lloyd's Rep. 310

Arbitration - Arbitration clause - Jurisdiction of arbitrator - Contract unexecuted - Alleged impossibility of performance - Right to cancel in case of prohibition of export - Effect - Scope of arbitration clause - London Corn Trade Association Iraqian and Persian Gulf Feeding Stuffs Contract.

HARRISON & JONES, LTD. v. BUNTEN & LANCASTER, LTD.

[1953] 1 Lloyd's Rep. 318

Sale of goods - Description - Trade name - Sale by description and sample of unascertained goods - Compliance with sample - Mutual mistake as to composition of commodity - Whether contract a nullity - Kapok Trade Association Abridged Contract.

A. E. LINDSAY & CO., LTD. v. COOK.

[1953] 1 Lloyd's Rep. 328

Sale of goods (c.i.f.) - Documentary credits - Time within which to be opened - Availability at time of shipment - Implied term - Condition precedent.

WARREN v. A. W. KING & CO. (LONDON), LTD.

[1953] 1 Lloyd's Rep. 336

Negligence - Safe appliances - Cargo hook - Injury to stevedore - Negligence of fellow employee - Burden of proof.

FLYNN v. HARLAND & WOLFF, LTD.

[1953] 1 Lloyd's Rep. 339

Shipbuilding Regulations, 1931 - Occupier - Several contractors effecting repairs in dry dock - Applicability of Regulation - Personal injuries sustained by ship-repairers' employee while dismantling staging - Unsafe system - Liability of ship-repairers as occupiers and as employers - Regulation 16.

LOWE v. SCRUTTONS, LTD.

[1953] 1 Lloyd's Rep. 342

Docks Regulations, 1934 - Means of access - Ship's gangway - Use of alternative means of access (Jacob's ladder) - Fall from ladder - Whether gangway unsafe - Duty of person employed to use means of access provided - Regulations 9, 47, 50.

REID v. ELDER DEMPSTER LINES, LTD.

[1953] 1 Lloyd's Rep. 347

Negligence - Safe premises - Dock shed - Slipperiness of floor following discharge of groundnuts - Accident to storekeeper employed by defendant shipowners - Duty of employers to make premises safe - Unappropriated berth.

ATHERTON v. PACE BROS., LTD.

[1953] 1 Lloyd's Rep. 353

Negligence - Safe plant - Safe system - Ship in foreign port - Hatch covers - Fatal injuries sustained by seaman in replacing covers - Need to step on covers - Fall down hold - Whether covers defective.

SHIELDS (TRADING AS W. RYDER & CO.) v. HONEYWILL & STEIN, LTD.

[1953] 1 Lloyd's Rep. 357

Sale of goods - Quality - Implied condition as to fitness - Reliance on seller's skill and judgment - Fitness for purpose required - Use in products manufactured by buyer - Unsuitability for use in all products - Sale of Goods Act, 1893, Sect. 14 (1), (2).

BARNARD AND OTHERS v. NATIONAL DOCK LABOUR BOARD AND SILVERTOWN SERVICES, LTD.

[1953] 1 Lloyd's Rep. 371

Statutory tribunal - Powers - Dock Workers (Regulation of Employment) Scheme, 1947 - Suspension of lightermen - Refusal to carry out orders to discharge bulk sugar - Custom of trade (discharge of sugar) - Limitation of hours for unloading - Validity of suspension by Port Manager acting under powers delegated by Local Board - Suspension upheld by Appeal Tribunal - Effect - Remedies available to persons aggrieved - Exclusive jurisdiction of Local Board - Right of Courts to interfere - Certiorari - Action for declaration that suspension was unlawful.

JOHN MOWLEM & CO., LTD. v. HUMPHERY & GREY (LIGHTERAGE), LTD., AND ERVEN G. PEPPING. (THE "ORIOLE" AND THE "JO.")

[1953] 1 Lloyd's Rep. 394

Negligent navigation - River - Barge loading cargo from alongside ship at wharf - Barge moored to ship - Steps taken to cast off barge moorings preparatory to ship proceeding down river - Snapping of barge mooring - Disputed cause - Drifting of barge up river into collision with plaintiff's pier - Admitted liability of barge and/or ship.

LOBB v. JAMES W. COOK & CO., LTD.

[1953] 1 Lloyd's Rep. 401

Negligence - Safe plant - Electric truck - Sudden acceleration causing collision with crane - - Alleged mechanical defect in truck - Negligence of driver.

WATTS v. SHAW SAVILL & ALBION COMPANY, LTD.

[1953] 1 Lloyd's Rep. 407

Negligence - System of working - Loading of boxed motor cars into hold of vessel - Plaintiff dock labourer struck by hook, part of lowering gear - Res ipsa loquitur - Absence of negligence - Onus of proof.

McGRATH v. P. R. BUCHANAN & CO.

[1953] 1 Lloyd's Rep. 411

Negligence - Safe premises - Slippery floor - Alleged fall due to steel plate adjacent to loop-hole in warehouse floor - Proof.

HOOK v. CUNARD STEAM-SHIP COMPANY, LTD.

[1953] 1 Lloyd's Rep. 413

Seaman - False imprisonment - Allegation of misconduct made by passenger - Confinement of steward by order of master - Necessity - Preservation of good order and discipline - Safety of passengers.

THE "SOUTHERN VENTURER."

[1953] 1 Lloyd's Rep. 428

Salvage - Award - Apportionment among salvors - Crew and other personnel on board salving vessel - Right to participate - Grading - Basis of assessment: basic wage or basic wage plus bonus - Wireless operator.

JENKINS v. ELDER DEMPSTER LINES, LTD.

[1953] 1 Lloyd's Rep. 433

Workmen's compensation - Sphere of employment - Requirements as to notice of claim - Seaman drowned while returning to ship along mole - - Whether mole a public place - Failure by dependant to claim within statutory period - Relief - "Mistake or other reasonable cause" - Workmen's Compensation Act, 1925, Sects. 14 (1), 35 (1).

BANK MELLI IRAN v. RAW COTTON COMMISSION.

[1953] 1 Lloyd's Rep. 440

Contract - Bank - Sale by bank as pledgees - Shipments of cotton - Confirmed credit opened by English buyers with foreign bank in favour of foreign sellers - Short shipments of cotton covered by credit - Further shipments in same vessel not covered by credit - Loans made by foreign bank against documents covering further shipments - Further shipments offered by bank to buyers - Dispute as to terms of acceptance by buyers - Over-invoicing of credit cotton, resulting in overpayment by defendants to foreign sellers - Whether buyers entitled to set off proceeds of further shipments against such overpayment.

BECK v. OCEAN STEAMSHIP COMPANY, LTD.

[1953] 1 Lloyd's Rep. 458

Negligence - Sale premises - Unloading bagged cargo from vessel - Claim by dock labourer - Invitee - Unusual danger - Proof.

SOWERBY v. T. F. MALTBY, LTD.

[1953] 1 Lloyd's Rep. 462

Negligence - Fellow-employee - Stowage of bagged cargo by stevedores working in pairs - Lack of co-ordination in working - Personal injuries - Alleged negligence of fellow-employee - Proof.

HEGARTY v. RYE-ARC, LTD.

[1953] 1 Lloyd's Rep. 465

Negligence - System of working - Means of access - Removal of ladder jammed between boiler lying on quayside and ship undergoing repairs at quay - Alleged negligence of fellow-employee - Shipbuilding Regulations, 1931.

PILFOLD v. W. J. R. WHITEHAIR, LTD., AND PORT OF LONDON AUTHORITY (W. J. R. WHITEHAIR, LTD., THIRD PARTIES). GOODE v. SAME.

[1953] 1 Lloyd's Rep. 470

Negligence - Safe premises - Unloading of barge by crane - Maintenance of hatch covers - Fail of hatch cover injuring men in barge - Dispute as to cause of fall - Whether due to defective condition or negligent shipping of hatch covers, or to negligence of crane driver in hitting hatch cover with set of cargo - Docks Regulations, 1934, Regulation 15.

THE "URKA."

[1953] 1 Lloyd's Rep. 478

Limitation of liability - Removal of wreck sunk in harbour - Removal by owners in accordance with requirements of harbour commissioners, acting under their statutory powers - Expense of removal recoverable from tortfeasors - Right to limitation of liability in respect of such expense - "Loss or damage caused to property or rights of any kind" - Merchant Shipping Act, 1894, Sect. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 1.

THE "UNITIA."

[1953] 1 Lloyd's Rep. 481

Collision - Anchored vessel - Anchor light - Visibility - Look-out - Collision Regulations, Art. 12.

CALMAR STEAMSHIP CORPORATION v. SCOTT AND OTHERS. [THE "PORTMAR."]

[1953] 1 Lloyd's Rep. 485

Insurance - War risks insurance - Voyage policy on hull and machinery - Outbreak of war while vessel on voyage - Requisition by Allied Government - Loss of vessel by enemy action while on military mission - Alleged termination of policy by abandonment of voyage - Construction of policy - Extent of cover.

CHRISTOPHER BROWN, LTD. v. GENOSSENSCHAFT OESTERREICHISCHER WALDBESITZER.

[1953] 1 Lloyd's Rep. 495

Practice - Order 14 proceedings - Leave to defend - Sale of timber by Austrian corporation - Non-delivery - Award in favour of buyers, sellers not taking part in arbitration - Motion by buyers to sign final judgment - Leave to defend refused - Appeal by sellers - Further affidavit alleging that contract terms were not finally agreed and denying incorporation of arbitration clause.

JAJASAN URUSAN BAHAN MAKANAN v. COMPANIA DE NAVEGACION GEAMAR SOCIEDADE DE RESPONSABILIDAD LIMITADA.

[1953] 1 Lloyd's Rep. 499

Arbitration - Extension of time - Undue hardship - Discretion of Court - Arbitration Act, 1950, Sect. 27.

THE "SPYROS."

[1953] 1 Lloyd's Rep. 501

Collision - Look-out - Helm action - Signals - Engine-room unattended at critical time - Action brought by owners of cargo in ship sunk - Apportionment of blame - Costs.

JAJASAN URUSAN BAHAN MAKANAN v. COMPANIA DE NAVEGACION GEAMAR SOCIEDADE DE RESPONSABILIDAD LIMITADA.

[1953] 1 Lloyd's Rep. 511

Arbitration - Extension of time - Undue hardship Discretion of Court - Arbitration Act, 1950, Sect. 27.

MARINE CRAFT CONSTRUCTORS, LTD. v. ERLAND BLOMQVIST (ENGINEERS), LTD.

[1953] 1 Lloyd's Rep. 514

Contract - Breach - Hire of pontoon (part of floating crane) for carriage of crane ring - Towage between coastal ports - straining damage to pontoon during tow - Breach of undertaking by hirers to insure against all risks - Ship or vessel - Implied warranty of seaworthiness.

J. PATTISON & CO., LTD. v. ALLIED NATIONAL CORPORATION, LTD.

[1953] 1 Lloyd's Rep. 520

Arbitration - Award - Motion to set aside - Error on face - Matters of fact and of law - No justification for arbitrator's findings.

HURR v. PORT OF LONDON AUTHORITY.

[1953] 1 Lloyd's Rep. 529

Negligence - Safe premises - Slippery steps in dock shed - Alleged patch of oil on steps leading from loading bank - Proof.

COMPAGNIE DE COMMERCE ET COMMISSION S.A.R.L. v. PARKINSON STOVE COMPANY, LTD.

[1953] 1 Lloyd's Rep. 532

Contract - Sale of goods - Cancellation by buyers - Offer and acceptance - Consensus ad idem Effect of subsequent negotiations - Alleged intended infringement by sellers of French export licensing regulations - Right of buyers to cancel.

SAUNDERS v. LLOYD BRASILEIRO (PATRIMONIO NACIONAL) AND COUBRO & SCRUTTON, LTD. (COUBRO & SCRUTTON, LTD., THIRD PARTIES).

[1953] 1 Lloyd's Rep. 544

Negligence - Invitee - Duty of occupiers of ship as invitors - Personal injuries sustained by ship's rigger - Alleged trip over piece of wire on deck - Unusual danger.

JOHNSON v. A. H. BEAUMONT, LTD., AND FORD MOTOR COMPANY, LTD. (A. H. BEAUMONT, LTD., THIRD PARTIES).

[1953] 1 Lloyd's Rep. 546

Docks Regulations, 1934 - Unloading of barge - Lighting - Signaller - Personal injuries sustained by plaintiff trimmer - Liability of persons carrying on the processes - Regulations 3, 12, 43, 50. Contract - Indemnity - Unloading of barge - Personal injuries sustained by plaintiff trimmer in employ of first defendants - First defendants under contract with second defendants to provide trimmers - Both defendants in breach of Docks Regulations - Right of second defendants to indemnity by first defendants - Whether plaintiff servant pro hac vice of second defendants - Onus of proof.

A. HAMSON & SON (LONDON), LTD. v. S. MARTIN JOHNSON & CO., LTD.

[1953] 1 Lloyd's Rep. 553

Contract - Breach - Sale of tractors f.o.b. London - Implied term - Alleged failure by sellers to exercise care and skill in loading on board ship turing cold weather - Omission to drain radiators - Damage found after discharge - Whether instructions not to drain given by defendants' agent.

GRAY v. DOCKS AND INLAND WATERWAYS EXECUTIVE AND ANOTHER.

[1953] 1 Lloyd's Rep. 558

Docks Regulations, 1934 - Fencing of hatches - Safe premises - Coaling - Fall down hold - Hatch "not in use for the passage of coal" - "Short interruptions of work" - Negligence of driver of crane under hire from dock authority to shipowners - Apportionment of blame - Regulation 37.

ATTORNEY-GENERAL OF CEYLON v. SILVA.

[1953] 1 Lloyd's Rep. 563

Ceylon - Crown - Servants of Crown - Contractual authority - Crown property erroneously sold as "unclaimed cargo" - Actual or ostensible authority of Principal Collector of Customs - Holding out by Crown - Whether Customs Ordinance binding on Crown - Necessary Implication - Customs Ordinance (Legislative Enactments of Ceylon, 1938 cap. 185), Sects. 17, 22, 47, 108.

GETREIDE-IMPORT GESELLSCHAFT m.b.H. v. CONTIMAR S.A. COMPANIA INDUSTRIAL COMERCIAL Y MARITIMA.

[1953] 1 Lloyd's Rep. 572

Arbitration - Award - Appeal - Service of notice of appeal - Failure to give appropriate notice - Notice wrongly addressed - Action for declaration that award was valid and subsisting - Scott v. Avery clause - Jurisdiction of Court to hear dispute - Arbitration Act, 1950, Sect. 25 (4) - London Corn Trade Association Contract No. 41.

THE "MONTE URBASA."

[1953] 1 Lloyd's Rep. 587

Practice - Admiralty Court - Stay of Action - Lis alibi pendens - Forum non conveniens - Discretion of Court.

THE "OLSZTYN."

[1953] 1 Lloyd's Rep. 590

Collision - Fog - Speed - Signals heard forward of beam - Signals repeated on same bearing - Duty to take off way - Astern action.

REGINA v. INDUSTRIAL COURT; EX PARTE AERONAUTICAL ENGINEERS' ASSOCIATION.

[1953] 1 Lloyd's Rep. 597

Trade disputes - Terms and conditions of employment - Civil aviation - Independent undertaking - Agreement between air charter association (acting on behalf of independent undertakings) and trade unions - Employees' trade union not represented in negotiations - Dispute between employees' trade union and undertaking - Alleged non-compliance with Sect. 15 (1) of Civil Aviation Act, 1949 - Award of Industrial Court that conditions of employment were not in accordance with agreement and that undertaking should comply with terms of such agreement - Application by employees' union for an order of certiorari to bring up and quash award - Scope of procedure by way of certiorari.

O'LEARY v. GLEN LINE, LTD.

[1953] 1 Lloyd's Rep. 601

Negligence - Fellow-employee - Unloading of ship - Manhandling of bales of rubber by stevedores working in pairs - Mishap during operation - Stevedore injured - Proof of negligence of fellow-stevedore.

BISHOP v. H. W. HOWES & SONS AND PORT OF LONDON AUTHORITY.

[1953] 1 Lloyd's Rep. 603

Negligence - Safe premises - Safe stowage - Unloading of barge - Cargo in drums - Alleged failure to prevent rolling, causing stevedore to fall and sustain injuries - Whether drums properly stowed - Drums secured by use of other cargo as scotches - Onus of proof of negligence.

BURGESS AND POWELL v. MERSEY DOCKS AND HARBOUR BOARD.

[1953] 1 Lloyd's Rep. 611

Negligence - Safe appliances - Mobile crane - Fall of jib - Claim for personal injuries - Liability of owners of crane - Alleged failure in maintenance.

McROBBIE v. GEORGE ROBB & SONS, LTD.

[1953] 1 Lloyd's Rep. 615

Seaman - Health and safety - Duty of master and shipowners - Medical treatment of trawler's cook - Standard of care - Provision of properly furnished medicine chest - Merchant Shipping Act, 1894, Sect. 200.

Lloyd's Law Reports