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STENHOUSE AUSTRALIA LTD. v. PHILLIPS

[1974] 1 Lloyd's Rep. 1

Master and servant - Restraint of trade - Period of restraint - Reasonableness - Restraint for five years after termination of employment - Insurance brokers - Prohibition on employee soliciting former employer's clients - "Clients" narrowly defined - Test for determining whether period reasonable - Question to be determined by Judge - Determination by Judge after informing himself of all relevant circumstances. Trade - Restraint of trade - Master and servant - Clause not expressed to be in restraint of trade - Provision for payment of money - Duty of Court to have regard to likely effect of provision - Provision clearly operating in restraint of trade - Provision to be treated as being in restraint of trade.

REGINA v. THE FEDERAL STEAM NAVIGATION CO. LTD. AND DEREK ERNEST MORAN (THE "HUNTINGDON")

[1974] 1 Lloyd's Rep. 8

Construction - Discharge of fuel oil mixture - Breach - Art. III International Convention for Prevention of Pollution of the Sea by Oil, 1954 - Whether both owner and master liable - Oil in Navigable Waters Act, 1955 - S. 1 (1) - Whether word "or" to be construed disjunctively or conjunctively - Intention of Parliament.

ALFRED C. TOEPFER v. CONTINENTAL GRAIN CO.

[1974] 1 Lloyd's Rep. 11

Sale of goods (c.i.f.) - Wheat sold as "No. 3 Hard Amber Durum Wheat quality as per official certificate" - Certificate to be final as to quality - Wheat negligently stated by inspector to be of contract quality - Mistake discovered by buyers - Whether buyers precluded by certificate from claiming damages - London Corn Trade Association Contract form 27.

DEPARTMENT OF TRADE AND INDUSTRY v. ST. CHRISTOPHER MOTORISTS' ASSOCIATION LTD.

[1974] 1 Lloyd's Rep. 17

Insurance - Contract of insurance - Nature of contract - Contract for the payment of a sum of money on happening of specified event - Contract for the provision of services on happening of event - Whether contracts of insurance limited to contracts for payment of sum of money.

BRIXHAM BUNKERING AND DEVON MARINE LTD. v. COUNTY BOROUGH OF TORBAY

[1974] 1 Lloyd's Rep. 22

Docks and Harbours - Injunction - Lease of jetty granted to company by local authority - New moorings established closer to jetty than previously -Whether access to jetty impeded - Whether mandatory injunction ordering removal of moorings should be granted.

THE "MOLLYMAWK"

[1974] 1 Lloyd's Rep. 32

Practice - Application to dismiss for want of prosecution - Vessel surveyed by defendants prior to purchase by plaintiffs - Claim by plaintiffs that survey was negligent - Whether inordinate delay by plaintiffs in prosecuting claim - Whether delay inexcusable - Whether defendants would be prejudiced - R.S.C., Order 25, r. 1, Order 75, r. 25.

THE "ALLETTA"

[1974] 1 Lloyd's Rep. 40

Admiralty practice - Arrest - Plaintiffs' vessel in collision with first defendants" vessel - Damages awarded to plaintiffs - First defendants vessel subsequently sold to second defendants - No knowledge by second defendants of award of award of damages - Warrant of arrest of vessel issued - Whether warrant should be set aside on ground of laches - Whether right to arrest lost after award of damages.

F. & C. CLARKE LTD. AND PICKWICK FOODS LTD. v. REDBURN WHARVES LTD.

[1974] 1 Lloyd's Rep. 52

Wharfingers - Negligence - Fire - Plaintiffs cargo damaged - Cargo in custody of defendant wharfingers as bailees - Whether fire due to lack of proper care on part of defendants - Whether defendants liable.

GIAN SINGH & CO. LTD. v. BANQUE DE L'INDOCHINE

[1974] 1 Lloyd's Rep. 56

Singapore - Banking - Banker's commercial credit - Sale of fishing vessel - Credit to be opened by seller in favour of buyer - Payment to be made to buyer by bank on production of certificate by seller's agent that vessel was satisfactory - Payment made by bank - Allegation by seller that certificate was forged - Whether proof of forgery established - Whether seller liable to reimburse bank for sum paid - Uniform Customs and Practice for Documents Credits (revised 1962), arts., 7, 9.

PRACTICE DIRECTION

[1974] 1 Lloyd's Rep. 62

House of Lords - Case titles

GEORGE BARKER (TRANSPORT) LTD. v. EYNON

[1974] 1 Lloyd's Rep. 65

Carriage of goods - General lien - Company agreeing to carrier having general lien over goods carried - Carrier instructed to carry cartons of meat - Appointment of receiver of company - Subsequent collection and delivery of cartons to consignee - Goods not in carrier's possession at date of receiver's appointment - Whether general lien for balance of account between company and carrier exercisable - Whether alleged contract waiving lien proved - Conditions of Carriage of Road Haulage Association, condition 13. Carriage of goods - General lien - Goods not in possession of carrier - Whether general lien exercisable.

WILSON v. AVEC AUDIO-VISUAL EQUIPMENT LTD.

[1974] 1 Lloyd's Rep. 81

Principal and agent - Insurance broker - Indemnity - Broker instructed by insured to effect policies - Policies effected - Insurance company compulsorily wound up - Premiums paid by broker to liquidator - Whether broker personally liable to pay - Claim by broker to recover premium from insured. Principal and agent - Insurance broker - Authority to pay premium.

ALMA SHIPPING CORPORATION OF MONROVIA v. MANTOVANI (THE "DIONE")

[1974] 1 Lloyd's Rep. 86

Charter-party (time) - Redelivery - Vessel chartered for 6 months and 20 days from delivery - Vessel sent by charterers on final voyage near end of charter period - Reasonable expectation that redelivery would be about 16 days late - Vessel redelivered 8 days late - Whether charterers in breach of contract. - Baltime 1939 form, cl. 1.

THE "OLDEKERK"

[1974] 1 Lloyd's Rep. 95

Collision - Narrow channel - Vessel about to be towed as dead ship from berth to another berth across river - Signal sent to radar station that she would hold back until other vessels passed - Subsequent signal that she could not hold back - Collision with vessel proceeding up river - Subsequent collisions with vessel coming down river - Admission of liability by towed vessel - Whether vessel proceeding up river also responsible - Regulations for Preventing Collisions on Public Waterways of Netherlands, arts. 4 (2), 28 (1) - Collision Regulations, rr. 25 (a), 27.

LUFTY LTD. v. CANADIAN PACIFIC RAILWAY CO. (THE "ALEX")

[1974] 1 Lloyd's Rep. 106

Canada - Bill of lading - Limitation of action - Goods shipped in container at London - Through bill of lading issued jointly by ocean carrier and railway company - Goods found damaged on delivery at Montreal on May 2, 1969 - Writ issued by cargo-owners against railway company on Dec. 10, 1971 - Whether goods damaged whilst in railway company's custody - Whether action statute-barred - Whether container a "package" - Whether railway company entitled to limit liability to £100 - (Canada) Railway Act (R.S.C. 1952, c. 234) - Hague Rules, art. III, r. 6, art. IV, r. 5 - Gold Clause Agreement, 1950, cl. 4.

ROSENBRUCH v. AMERICAN EXPORT ISBRANDTSEN LINES INC. (THE "CONTAINER FORWARDER")

[1974] 1 Lloyd's Rep. 119

United States - Bill of lading - Limitation of liability - Goods stowed by shipper in container supplied by carrier - Container to carry shipper's goods only - Container and contents lost on voyage - Whether container a "package" and carrier entitled to limit liability to U.S. $500 - U.S. Carriage of Goods by Sea Act, 1936, s. 4 (5) (46 U.S.C. s. 1304 (5)).

SPERRY RAND CORPORATION v. NORDDEUTSCHER LLOYD AND OTHERS (THE "BISCHOFSTEIN")

[1974] 1 Lloyd's Rep. 122

United States - Bill of lading - Limitation of liability - Shavers stowed in cartons shipped by shipper in own container - Disappearance of container after discharge from vessel - Whether carriers and terminal operators guilty of negligence - Whether container a "package" - Whether carrier entitled to limit liability to U.S. $500 - United States Carriage of Goods by Sea Act, 1936, s. 4 (5) (46 U.S.C. s. 1304 (5)). United States - Negligence - Terminal operator - Loss of container after discharge from vessel - Whether terminal sufficiently guarded by security guards.

SWEENEY v. SIR ROBERT McALPINE & SONS LTD.

[1974] 1 Lloyd's Rep. 128

Practice - Personal injury claim - Want of prosecution - Dismissal of action - Delay - Prejudice to defendant - Delay before and after issue of writ - Delay before issue of writ permissible under limitation rules - Failure to deliver statement of claim within prescribed period or agreed extension - Delay inexcusable - Court entitled to have regard to overall period since date of accident in determining whether delay inordinate and prejudicial to defendant.

PRACTICE DIRECTION

[1974] 1 Lloyd's Rep. 132

Court Forms-Judges' Orders for Expedited Interlocutory Procedure

FAIRLINE SHIPPING CORPORATION v. ADAMSON

[1974] 1 Lloyd's Rep. 133

Contract - Company agreeing to store goods in cold store - Letter confirming contract and terms of storage charges sent to goods owner by director of company on his personal notepaper - Breakdown of refrigeration machinery - Goods damaged - Whether director liable for breach of contract or negligence. Company - Director - Company agreeing to store goods in cold store - Breakdown of refrigeration machinery - Goods damaged - Whether director liable to goods owner in contract or tort. Negligence - Goods damaged in cold store - Liability of director of storage company.

HARWICH HARBOUR CONSERVANCY BOARD v. SECRETARY OF STATE FOR THE ENVIRONMENT, EAST SUFFOLK COUNTY COUNCIL, AND STOUR RIVER ESTATE.

[1974] 1 Lloyd's Rep. 140

Harbour - Harwich Harbour - Plan to build marina - Planning permission granted by Secretary of State for Environment - Whether decision should be quashed because of mistaken view of statutory provisions - Harwich Harbour Act, 1863, s. 17, Harwich Harbour Act, 1865, s. 26, Coast Protection Act, 1949, s. 34 (1).

KUMAR v. LIFE INSURANCE CORPOOF INDIA

[1974] 1 Lloyd's Rep. 147

Insurance (Life) - Misrepresentation and non-disclosure - Accuracy of answers to questions in personal statement agreed by proposer to be "basis" of contract - Proposer asked whether she had consulted medical practitioner or had operation or had been in hospital for operation - Answer "No" given to all questions - Caesarean operation previously undergone by proposer - Whether answers incorrect - Whether insurers entitled to repudiate liability. Insurance (Life) - Premium - Return of premium - Premium not to be returned if inaccurate statement made by proposer - Whether such provision enforceable.

BUX v. SLOUGH METAL LTD.

[1974] 1 Lloyd's Rep. 155

Negligence - Duty to take care - Factory - Statutory duty - Relation of statutory duty to common law duty - Protection of eyes - Melting and founding non-ferrous metals - Employers under statutory duty to provide goggles to employees - Employers complying with statutory duty - Employers failing to instruct and persuade employee to wear goggles - Whether employers in breach of duty to provide reasonably safe system of work - Whether compliance with statutory duty absolved employers from breach of common law duty - Non-ferrous Metals (Melting and Founding) Regulations, 1962 (S.I. 1962 No. 1667), reg. 13 (1).

MORGAN v. T. WALLIS LTD.

[1974] 1 Lloyd's Rep. 165

Damages - Personal injury - Lighterman - Claim for loss of earnings, pain and suffering, loss of amenity - Medical advice that plaintiff should have operation - Plaintiff's refusal through fear it would not succeed - Whether reasonable - Standard to be applied as to reasonableness - Burden of proof.

TODD SHIPYARDS CORPORATION v. ALTEMA COMPANIA MARITIMA S.A. AND THE SHIP "IOANNIS DASKALELIS" (THE "IOANNIS DASKALELIS")

[1974] 1 Lloyd's Rep. 174

Canada - Conflict of laws - Ship-repairers' lien regarded as maritime lien in U.S.A. - Not so regarded if lien arose in Canada - Prior mortgage of vessel - Whether lien had precedence over mortgage - Application of lex fori. Canada - Sale of ship - Priorities - Vessel mortgaged in 1961 - Necessary repairs effected to her by ship-repairers in U.S.A. in 1963 - Vessel sold in 1964 - Ship-repairers' lien regarded as maritime lien in U.S.A. - Not so regarded if lien arose in Canada - Whether lien had precedence over mortgage.

COMMERCIAL TRADING CO. INC. v. HARTFORD FIRE INSURANCE CO.

[1974] 1 Lloyd's Rep. 179

United States - Marine insurance - Perils insured against - Barratry - Insured goods delivered by master of carrying vessel to person not producing all bills of lading - Third party subsequently in liquidation - Whether goods lost by reason of "criminal barratry".

PRACTICE DIRECTION

[1974] 1 Lloyd's Rep. 184

Chambers procedure - Functions of principal clerks

THE "BERKSHIRE"

[1974] 1 Lloyd's Rep. 185

Carriage by sea - Damage to cargo - Whether bill of lading evidenced contract between shipowners and shippers - Whether shipowners liable for damage to goods occurring after transhipment - Whether shipowners entitled to rely on exclusion clause in bill of lading.

L. FIGUEIREDO NAVEGACAS S.A. v. REEDEREI RICHARD SCHROEDER K.G. (THE "ERICH SCHROEDER")

[1974] 1 Lloyd's Rep. 192

Arbitration - Costs - Award made by umpire that successful party in arbitration should pay his own costs of the reference and half the costs of the award - Motion by successful party to set aside this part of award - Whether umpire guilty of "misconduct" - General rules to be followed in exercising discretion as to costs.

CAUSTON v. MANN EGERTON (JOHNSONS) LTD.

[1974] 1 Lloyd's Rep. 197

Practice - Medical reports - All plaintiff's medical reports shown to defendants - Whether plaintiff entitled to see medical reports on him obtained by defendants.

WILLIAM TATTON & CO. LTD. v. FERRYMASTERS LTD. AND ANOTHER

[1974] 1 Lloyd's Rep. 203

Carriage of goods - Machine to be carried from England to Italy - Machine damaged in transit in France - Measure of damages - Carriage of Goods by Road Act, 1965, Sched. Arts. 23, 25, 27, 32. Contract - Measure of damages. Interest - Date from which due.

PAN AMERICAN WORLD AIRWAYS INC. v. THE AETNA CASUALTY AND SURETY CO., AND OTHERS

[1974] 1 Lloyd's Rep. 207

United States - Insurance (Aviation) - All risks - War risks - Boeing 747 aircraft hijacked and destroyed by PFLP terrorists - Whether war risk or all risk insurers liable - Whether all risk insurers entitled to rely on exemption clauses.

PRACTICE DIRECTION

[1974] 1 Lloyd's Rep. 239

The Commercial Court - Estimates of length of trial.

PAYTON v. BROOKS

[1974] 1 Lloyd's Rep. 241

Damages - Diminution in market value - New car damaged in accident - Allegation by owner that value diminished by £100 due to accident even though repairs well done - Evidence to support allegation insufficient - Whether diminution in value recoverable if diminution had been proved.

McINERNY v. LLOYDS BANK LIMITED

[1974] 1 Lloyd's Rep. 246

Contract - Purchase by third party of companies owned by plaintiff - Arrangement made for banker's commercial credit - Plaintiff entitled to draw bills of exchange against credit - Telex message sent by bank to plaintiff relating to renewal of period of credit - Failure by third party to honour bills of exchange - Whether bank liable on telex for breach of contract and/or negligence. Negligence - Alleged mis-statement in telex sent by bank to plaintiff concerning third party's own affairs only - Statement not addressed to plaintiff - Whether plaintiff able to hold bank liable.

VANDA COMPANIA LIMITADA OF COSTA RICA v. SOCIETE MARITIME NATIONALE OF PARIS (THE "ILE AUX MOINES")

[1974] 1 Lloyd's Rep. 263

Sale of ship - Damages - Non-delivery of ship by contract date - Subsequent purchase of sister ship by buyer - Whether loss of profit recoverable as well as difference between contract price and market price - Sale of Goods Act, 1893, s. 51 (3).

NATIONAL DOCK LABOUR BOARD v. W. S. BARCHARD & SON LTD.

[1974] 1 Lloyd's Rep. 267

Dock - Dock work - Discharge of timber at Bankside Wharf, River Hull - "Handling" by timber importers at saw mill - Whether work performed by regular employees - Docks and Harbours Act, 1966, s. 51 - Dock Workers (Regulation of Employment) (Amendment) Scheme, 1967, par. 8.

RE WALLIS & SIMMONDS (BUILDERS) LTD.

[1974] 1 Lloyd's Rep. 272

Company - Charge - Registration - Deposit of documents - Equitable charge - Deposit of title deed to secure debt owed by third party - Whether deposit creating a registrable charge or merely a lien on title deeds - Companies Act, 1948, s. 95 (1). Company - Charge - Registration - Charge created by company - Deposit of title deeds - Equitable charge - Deposit of deeds giving rise to presumption of charge - Whether charge created by company or arising by operation of law - Companies Act, 1948, s. 95 (1).

THE "HAWTHORN"

[1974] 1 Lloyd's Rep. 282

Master and servant - Injury to first mate - Turning ship in harbour - Injury to arm caused while letting back spring go - Whether master's instructions negligent.

SOMMER CORPORATION v. PANAMA CANAL COMPANY

[1974] 1 Lloyd's Rep. 287

United States - Bill of lading - Limitation of liability - Power station to be constructed at Balboa in Panama Canal Zone - Contractors' materials to be carried free on Panama Canal Company's vessel from New Orleans to Cristobal - Contractors to pay handling charges at Cristobal as per Company's tariff - Tariff limiting Company's liability to $500 in case of damage to goods - Transformer fins loaded at New Orleans for delivery at Balboa - Discharged in good condition at Cristobal but found damaged later - Whether Company could plead limitation provision in tariff - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code) s. 1300 et. seq.

CUMMINS SALES & SERVICE INC. v. INSTITUTE OF LONDON UNDERWRITERS AND OTHERS, AND DEUTSCHE DAMPFSCHIFFAHRT GESELLSCHAFT HANSA (THE "GOLDENFELS")

[1974] 1 Lloyd's Rep. 292

United States - Bill of lading - Clean bill of lading issued to shippers of component parts of building from Tripoli to Houston - Arrival of parts in damaged condition - Whether shipowners estopped as against indorsees from proving pre-shipment damage.

DU PONT DE NEMOURS INTERNATIONAL S.A. AND E.I. DU PONT DE NEMOURS & CO. INC. v. S.S. "MORMACVEGA" ETC. AND MOORE-McMORMACK LINES INC. (THE "MORMACVEGA")

[1974] 1 Lloyd's Rep. 296

United States - Carriage by sea - Loss of container stowed on deck - Container ship - Bill of lading not showing deck shipment - Alleged custom of deck shipment - Whether known by shipper Whether deck shipment "unreasonable deviation" - Whether shipowners entitled to limit liability - United States Carriage of Goods by Sea Act, (46 U.S. Code, s. 1304 (5)). United States - Trade custom - Container ship - Alleged custom of deck shipment of goods - Proof of age of custom.

HARLAND & WOLFF LTD. v. LAKEPORT NAVIGATION CO. PANAMA S.A.

[1974] 1 Lloyd's Rep. 301

Contract - Shipbuilding contract - Late delivery of vessel - Whether shipbuilders entitled to claim increased costs of construction.

CANADIAN PACIFIC (BERMUDA) LTD. v. CANADIAN TRANSPORT CO. LTD. (THE "H. R. MACMILLAN")

[1974] 1 Lloyd's Rep. 311

Charter-party (Time) - Hire - Cesser of hire clause - Vessel fitted with three Munck gantry cranes - Trolley of no. 1 crane fell overboard and crane out of action - No. 2 and no. 3 cranes withdrawn from service pending examination - Whether "breakdown by reason of disablement" - Whether charterers restricted from claiming damages "for breakdown" - New York Produce Exchange form, cll. 15, 23, 38.

SUTCLIFFE v. THACKRAH AND OTHERS

[1974] 1 Lloyd's Rep. 318

Contract - Building contract - Breach - Architect employed by building owner - Issue of interim certificate under R.I.B.A. contract - Sum due to building contractor negligently over-certified - Whether architect acted as arbitrator only - Immunity of architect - R.I.B.A. Contract (1963 ed.). Architect - R.I.B.A. form - Interim certificate - Incorrect sums certified - Liability of architect.

FALMOUTH DOCKS & ENGINEERING CO. v. FOWEY HARBOUR COMMISSIONERS (THE "BRITON")

[1974] 1 Lloyd's Rep. 339

Charter-party (Demise) - Breach - Dredger hired out to charterers for use in summer of 1969 and summer of 1970 - Period of use to be more or less equal in each year - Dredger used in 1969 only - Whether owners entitled to substantial damages or to nominal damages only.

GEELONG HARBOR TRUST COMMISSIONERS v. GIBBS BRIGHT & CO. (THE "OCTAVIAN")

[1974] 1 Lloyd's Rep. 344

Australia - Docks and harbours - Geelong Harbour - Beacon in harbour struck by vessel in storm - Whether vessel absolutely liable - Geelong Harbour Trust Act, 1928, s. 110. Australia - Precedent - Whether long-standing precedent in Australia should be overruled - Factors to be considered by High Court of Australia - Attitude of Judicial Committee of Privy Council.

VENIZELOS A.N.E. OF ATHENS v. SOCIETE COMMERCIALE DE CEREALES ET FINANCIERE S.A. OF ZURICH (THE "PROMETHEUS")

[1974] 1 Lloyd's Rep. 350

Charter-party (Voyage) - Demurrage - Clause stating that laytime would not count if cargo cannot be loaded by reason of obstructions - Vessel becoming "arrived ship" - Congested berth nominated by charterers - Whether laytime ran from time when vessel became "arrived ship" until nomination made or for whole period until berth was clear - "Centrocon" form, cl. 30.

HARTFORD FIRE INSURANCE CO. v. PACIFIC FAR EAST LINE INC. (THE "PACIFIC BEAR")

[1974] 1 Lloyd's Rep. 359

United States - Bill of lading - Limitation of liability - Electrical transformer bolted to wooden skid shipped under bill of lading - Discharged in damaged condition - Whether a "package" - Whether carrier's liability limited to U.S. $500 - United States Carriage of Goods by Sea Act, 1936, s. 4 (5) (46 U.S.C. s. 1304 (5)).

KERR v. NATIONAL CARRIERS LTD.

[1974] 1 Lloyd's Rep. 365

Practice - Inordinate delay in prosecuting action - Whether Court justified in striking out action.

PROBATINA SHIPPING CO. LTD. v. SUN INSURANCE OFFICE LTD. (THE "SAGEORGE")

[1974] 1 Lloyd's Rep. 369

Marine insurance - Practice - Scuttling of vessel pleaded by insurers - Application for order for ship's papers - Discretion of Court - Factors to be considered - R.S.C., O. 72, r. 10, Appendix A, form 94.

THE "GOLDEN TRADER"

[1974] 1 Lloyd's Rep. 378

Admiralty practice - Arrest - Irish vessel chartered to Dutch charterers under charter-party containing arbitration clause - Owners to maintain vessel in efficient condition - Action in rem commenced by charterers for failure to do so - Vessel arrested - Eire and the Netherlands both signatories to Protocol on Arbitration Clauses, Geneva, Sept. 24, 1923 - Whether application by owners for stay of proceedings and unconditional release of vessel should be granted - Arbitration Act, 1950, ss. 4 (1), (2), 12 (6) (f), 28 - R.S.C., O. 75, r. 13 (4).

MITSUI & CO. LTD. v. MARPRO INDUSTRIAL LTD AND GOUKEKET & CO. N.V.

[1974] 1 Lloyd's Rep. 386

Principal and agent - Breach of warranty of authority - Broker instructed by third party to buy chemicals for him - Offer to buy made by telephone to Dutch company - Bid accepted by person answering telephone - Bought and sold note sent to buyer and to Dutch company - Repudiation of contract by Dutch company - Whether person answering telephone had express or apparent authority to conclude contract - Whether broker liable to third party for damages for breach of warranty of authority if no contract effectively made.

PANCHAUD FRERES S.A. v. R. PAGNAN & FRATELLI

[1974] 1 Lloyd's Rep. 394

Sale of goods (f.o.b.) - Loading of goods stopped by buyers - Whether stoppage amounted to repudiation of contract - L.C.T.A. contract form no. 64. Arbitration - Award - Interest - Discretion of arbitrator to award interest - Factors justifying refusal to award interest.

PERSSON v. LONDON COUNTRY BUSES AND MOTOR INSURERS' BUREAU

[1974] 1 Lloyd's Rep. 415

Insurance (Motor) - Plaintiff injured by vehicle driven by untraced motorist - Claim referred to Motor Insurers' Bureau - Decision by Bureau that untraced motorist would not be liable to pay damages to plaintiff - Claim rejected - Whether plaintiff entitled to bring action against Bureau to have validity of claim decided by Court.

CARTER v. BRITISH INDIA STEAM NAVIGATION CO. LTD. AND FRANCE (WILLIAM) FENWICK & CO. LTD.

[1974] 1 Lloyd's 419

Master and servant - Tally clerk injured at night by tripping over wire lashing securing deck cargo - Whether wire lashing sufficiently lighted - Whether shipowners guilty of breach of statutory duty and/or negligent - Whether clerk solely responsible for accident - Docks Regulations 1934, reg. 12. Damages - Quantum - Ankle permanently stiffened through injury - General damages for pain and suffering and loss of amenity - Plaintiff leaving docks under voluntary severance scheme - Whether entitled to claim for future loss of earnings.

PRACTICE DIRECTION

[1974] 1 Lloyd's Rep. 425

Chambers procedure - Hearing dates for originating summonses to which no appearance is required

BRITISH EAGLE INTERNATIONAL AIRLINES LTD. v. COMPAGNIE NATIONALE AIR FRANCE

[1974] 1 Lloyd's Rep. 429

Company - Winding up - IATA (International Air Transport Association) clearing house for settlement of debts of airline operators among themselves - Airline operator in liquidation - Whether debt recoverable from other operator or only from IATA - Whether IATA mandatary (under Quebec law) or agent (under English law) of operator - Whether mandate or agency determined by liquidation - Whether debt absolutely assigned - Whether clearing house regulations offended against Quebec insolvency law or (English) Companies Act, 1948, s. 302. Carriage by air - IATA (International Air Transport Association) clearing house.

THE "MAID OF KENT"

[1974] 1 Lloyd's Rep. 434

Negligence - Foreseeability - Pilot killed when pilot launch rolled against side of vessel due to wash of passing vessel - Duty on passing vessel - Whether danger foreseeable.

HAIR AND SKIN TRADING CO. LTD. v. NORMAN AIRFREIGHT CARRIERS LTD. AND WORLD TRANSPORT AGENCIES

[1974] 1 Lloyd's Rep. 443

Carriage of goods - Kolinsky hair stolen - Whether carrier trading under R.H.A. conditions to knowledge of forwarding agents - Whether forwarding agents acting as principal or agent - Whether carrier protected from own negligence by R.H.A. conditions - Implied term in agreement - Whether owners liable to indemnify forwarding agents - R.H.A. conditions 7, 20. Contract - Exemption clause - Liability of carrier for servant's negligence. Forwarding agents - Instructions to carriers to carry goods - Whether acting for owner of goods.

NOSEDA v. HOVERLLOYD LTD

[1974] 1 Lloyd's Rep. 448

Master and servant - Safe system of working - Lorry lashed to flight deck of hovercraft - Likelihood of excessive vibration and danger there in rough weather unless captain altered course or speed - Lashings working loose - Deck supervisor falling and injuring ankle when inspecting them - Whether safe system of work provided by employers - Whether deck supervisor guilty of contributory negligence. Damages - Personal injuries - Injury to ankle - Seaman rendered unfit for further service at sea - Only fit for land job not involving strain on ankle.

CHANNEL AIRWAYS LTD. v. THE LORD MAYOR, ALDERMEN AND CITIZENS OF THE CITY OF MANCHESTER

[1974] 1 Lloyd's Rep. 456

Company - Debenture - Floating charge over its property given to bank by company - Receiver appointed by bank - Aircraft belonging to company detained by airport authority for non-payment of airport dues - Whether right of detention justified and postponed to bank's charge - Whether company was still "operator" of aircraft - Whether authority had agreed not to exercise right of detention - Manchester Corporation Act, 1965, s. 35.

THE "SABINE"

[1974] 1 Lloyd's Rep. 465

Collision - Vessel proceeding up river in River Schelde - Collision with other vessel swinging on ebb tide from down-river heading to up-river heading - Alleged negligent navigation.

HAY AND ANOTHER v. HUGHES

[1974] 1 Lloyd's Rep. 475

Damages - Quantum - Husband and wife killed in motor accident - Children aged 412 and 212 looked after by grandmother gratuitously - Whether personal representatives could still claim for loss of mother's services - Loss of expectation of life - Law Reform (Miscellaneous Provisions) Act, 1934 - Fatal Accidents Acts, 1846 to 1959.

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")

[1974] 1 Lloyd's Rep. 482

Canada - Bill of lading - Uncrated cars shipped at Yokohama under dean bills of lading - 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).

THE "TONI"

[1974] 1 Lloyd's Rep. 489

Collision - Vessels on crossing courses - Duty of stand-on ship to maintain course and speed - Duty of give-way vessel to keep out of way - Collision Regulations, 1960, rr. 19, 21, 22. Costs - Offer by plaintiffs to settle claim - Offer withdrawn before hearing - Whether plaintiffs ought to be awarded all costs incurred after date of offer.

AGROEXPORT STATE ENTERPRISE FOR FOREIGN TRADE v. COMPAGNIE EUROPEENE DE CEREALES

[1974] 1 Lloyd's Rep. 499

Sale of goods (f.o.b.) - Export licence - Contract for sale of 50,000 tons of Rumanian maize - Export licence to be obtained by sellers - Licence granted for export of about half of contract quantity - Subsequent application for balance refused because of failure of maize crop due to natural calamity - Sellers unable to deliver balance - Whether sellers could rely on "prohibition of export" clause in contract - London Corn Trade Association contract form no. 64 (1963 ed.).

DE MEZA AND STUART v. APPLE, VAN STRATEN, SHENA AND STONE

[1974] 1 Lloyd's Rep. 508

Contract - Breach - Auditor employed by solicitors to complete consequential loss insurance certificates regarding fees received by solicitors - Incorrect figures inserted in certificates by auditor - Sum insured less than it ought to have been - Fire at solicitors' premises and consequential loss suffered - Whether auditor liable for breach of contract - Whether solicitors partly to blame for not noticing mistake in figures - Law Reform (Contributory Negligence) Act, 1945. Insurance (Consequential loss) - Under-insurance - Whether auditor to blame for supplying incorrect figures.

FEDERAL STEAM NAVIGATION CO. LTD. v. DEPARTMENT OF TRADE AND INDUSTRY (THE "HUNTINGDON")

[1974] 1 Lloyd's Rep. 520

Pollution by oil - Vessel discharging fuel oil into prohibited area - Whether owner and master liable - Oil in Navigable Waters Act, 1955, s. 1 (1).

THE NEW ZEALAND SHIPPING COMPANY LIMITED v. A. M. SATTERTHWAITE & COMPANY LIMITED (THE "EURYMEDON")

[1974] 1 Lloyd's Rep. 534

Bill of lading - Himalaya clause - Whether stevedore entitled to protection of exemption and limitation clauses in bill of lading - Whether contract between consignee and stevedore. Contract - Consideration - Whether performance of or promise to perform an obligation already imposed on a party on a different contract is sufficient consideration to support a new contract between that party and a new party. Stevedores - Negligence - Damage to cargo - Whether stevedores entitled to benefit of Himalaya clause in bill of lading.

KIRKBRIDE v. DONNER

[1974] 1 Lloyd's Rep. 549

Insurance (motor) - Car stolen - Person under 25 years of age, with previous motoring conviction, driving car - Whether defendant underwriters entitled to avoid liability.

VENIZELOS A.N.E. OF ATHENS v. SOCIETE COMMERCIALE DE CEREALES ET FINANCIERE S.A. (THE "PROMETHEUS")

[1974] 1 Lloyd's Rep. 554

THE "ST. BLANE"

[1974] 1 Lloyd's Rep. 557

Salvage - Yacht in distress in Irish Sea - Vessel coming to yacht's assistance securing her alongside pending arrival of lifeboat - Collision between yacht and vessel - Yacht damaged - Crew of yacht taken on board vessel - Deterioration of weather - Further damage to yacht caused by rubbing against vessel - Yacht subsequently allowed to fall astern on 100 ft. rope - Sinking of yacht - Whether master of vessel guilty of negligence - Whether owner of yacht contributorily negligent. Salvage - Negligent salvor - Lenient attitude of Court - Factors to be considered.

PILGRIM SHIPPING CO. LTD. v. STATE TRADING CORPORATION OF INDIA LTD. (THE "HADJITSAKOS")

[1974] 1 Lloyd's Rep. 564

Charter-party (Voyage) - Discharge of vessel - Vessel to load at Vancouver or Port Moody and to proceed to one and/or two safe ports in India - Nomination by charterers of Bombay as first discharging port and Calcutta as second discharging port - No geographical order of ports for vessel coming from east - Whether charterers entitled to nominate as they had done.

BLACK-CLAWSON INTERNATIONAL LTD. v. PAPIERWERKE WALDHOF- ASCHAFFENBURG A.G.

[1974] 1 Lloyd's Rep. 573

Conflict of laws - Foreign judgment - Conclusiveness in English proceedings - Foreign judgment dismissing action by plaintiff - Plaintiff bringing proceedings in English Courts founded on same cause of action - Whether defendant entitled to rely on foreign judgment by way of defence - Whether judgment to be recognized as conclusive between parties - Foreign Judgments (Reciprocal Enforcement) Act, 1933, s. 8 (1).

CARTER v. PORT OF LONDON AUTHORITY

[1974] 1 Lloyd's Rep. 583

Master and servant - Negligence - Fork-lift truck being driven down unguarded ramp - Fell over edge - Driver injured - Whether employer liable for damages for negligence at common law and/or breach of statutory duty - Whether driver guilty of contributory negligence - Docks Regulations, 1934, reg. 1. Docks Regulations, 1934 - Whether ramp part of "quay" or "dock" - Whether need for it to be guarded against vehicle going over edge.

PEOPLES INSURANCE CO. OF CHINA v. THE VESSEL "THEOKEETOR", THE VESSEL "MARINA L", ALKMEON NAVIERA, S.A., ELMARINA INC. AND LEFKA NAVIERA S.A. ALKMEON NAVIERA S.A. v. THE VESSEL "MARINA L" (THE "MARINA L")

[1974] 1 Lloyd's Rep. 588

United States - Practice - Conflict of laws - Forum non conveniens - Collision off Californian coast between Greek vessel owned by Panamanian corporation and Greek vessel owned by Liberian corporation - Both corporations substantially controlled by Greeks - Whether California or Greece the proper forum for action - Factors to be considered.

OSCAR L. ARONSEN INC. v. COMPTON AND OTHERS (THE "MEGARA")

[1974] 1 Lloyd's Rep. 590

United States - Marine insurance - Insurance of anticipated charter profits by charterer of vessel - Indemnity for loss of profits where vessel was "compromised or arranged total loss" - Claim by vessel's owner for constructive total loss - Claim abandoned and settled as partial loss - Whether charterer entitled to indemnity.

SIPOWICZ v. WIMBLE AND OTHERS (THE "GREEN LION")

[1974] 1 Lloyd's Rep. 593

United States - Marine insurance - Vessel insured against loss through "perils of the seas" and "latent defect" - "Inchmaree" clause - Vessel sinking at dock in clear weather and in calm seas - Metal fastenings securing keel to rest of hull in baa condition - Whether plaintiff entitled to indemnity.

VAN BREEMS v. INTERNATIONAL TERMINAL OPERATING CO. INC. AND HOLLAND AMERICA LINE (THE "PRINSES MARGRIET")

[1974] 1 Lloyd's Rep. 599

United States - Bill of lading - Limitation of liability - Uncrated yacht shipped under bill of lading - Damage suffered by her whilst being unloaded by stevedores - Whether shipowners and stevedores could limit liability to U.S. $500 on ground that yacht was a "package" - Whether stevedores guilty of negligence - United States Carriage of Goods by Sea Act, 1936, s. 4 (5) (46 U.S. C., s. 1304 (5)).

RINGERS' DUTCHOCS INC. v. STEAMSHIP "S.L. 180", HER ENGINES, BOILERS ETC., SEA-LAND SERVICE INC. AND HELVETIA SWISS FIRE INSURANCE CO. LTD. (THE "S.L. 180")

[1974] 1 Lloyd's Rep. 601

United States - All risks insurance - Jurisdiction - Policy in respect of chocolates c.i.e. Cologne to public warehouse in New York issued by Swiss company to "bearer" - New York surveyors appointed by Swiss company as their agents in New York - New York corporation becoming "bearer" of policy - Arrival of chocolates in New York in overheated condition - Claim by New York corporation for indemnity from Swiss company - Whether New York Court had jurisdiction - New York Insurance Law s. 59-a 2 (a) (1), (4).

Lloyd's Law Reports