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MINISTER OF LABOUR v. TYNE TUGS, LTD.

[1968] 1 Lloyd's Rep. 1

Selective Employment Payments Act, 1966 - Refunds - Whether employers' registered office and two branch offices were separate entities - Whether employment of tugmen carried out at registered office or branch office.

BRIDGES & SALMON, LTD. v. THE "SWAN" (OWNER) MARINE DIESEL SERVICE (GRIMSBY), LTD. v. SAME (THE "SWAN")

[1968] 1 Lloyd's Rep. 5

Repairs to ship - Contract - Agency - Whether agent (owner) so contracted that he was personally liable under contract. Agency - Personal liability of agent - Contract concluded by owner of vessel acting as agent of hiring company - Whether owner so contracted that he was personally liable. Contract - Agency-Personal liability of agent - Shipowner acting as agent of hiring company - Repairs to ship ordered - Whether shipowner so contracted that he was personally liable.

THOMAS BORTHWICK (GLASGOW), LTD. v. FAURE FAIRCLOUGH, LTD.

[1968] 1 Lloyd's Rep. 16

Sale of goods (c.i.f.) - Rejection - Late shipment - Shipment to be in February on Conference vessel nominated for February - Effect of bill of lading dated March as no Conference vessel was nominated to load in February - Alleged force majeure - C.F.T.A. Contract Form No. 6. Arbitration - Arbitrators - Misconduct - Facts found of their own knowledge - Duty to inform parties and give opportunity of further hearing. Arbitration - Award - Annexing of documents to award in form of special case - Statement by Court.

TZORTZIS AND SYKIAS v. MONARK LINE A/B

[1968] 1 Lloyd's Rep. 30

Conflict of laws - Contract - Proper law - Sale of ship by Swedish owners (carrying on business in Sweden) to Greek subjects (resident in Greece) on "Saleform" contract form (approved by Baltic and International Maritime Conference) - London chosen by parties as place where any disputes should be arbitrated - Whether English law or Swedish law proper law of contract.

HOLLEBONE AND OTHERS v. MIDHURST AND FERNHURST BUILDERS, LTD., AND EASTMAN & WHITE OF MIDHURST, LTD.

[1968] 1 Lloyd's Rep. 38

Damages - Measure of damages - Tort - Damage to house structure - Whether measure of damages should be cost of repairs or difference in value - Whether allowance should be made for betterment.

RAMBLER CYCLE COMPANY, LTD. v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY AND OTHERS

[1968] 1 Lloyd's Rep. 42

Carriage by sea - Mis-delivery - Goods delivered by shipowner's agents without production of bill of lading - Claim by bill of lading holder against shipowner - Applicability of Rules scheduled to Carriage of Goods by Sea Act, 1924 - Whether shipowner discharged from liability by Art. III, r. 6.

THE "SALAVERRY"

[1968] 1 Lloyd's Rep. 53

Collision - Fog - Radar - Narrow channel - Excessive speed - Pilots - Look-out - Collision Regulations, 1965, Rules 16 (a), 25 (a) - Mersey Channel Collision Rules, 1960, Rule 14. Costs - Open offer - Effect.

THE "BALLYLESSON"

[1968] 1 Lloyd's Rep. 69

Collision - Narrow channel - Starboard hand rule - Look-out - Causation - Whether fault of one vessel a cause of collision when other vessel failed to hear sound signals - Collision Regulations, 1965, Rule 18 - Mersey Channel Collision Rules, 1960, Rule 14. Practice - Amendment of pleadings at trial.

GALLAHER, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1968] 1 Lloyd's Rep. 80

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

FREWIN v. POLAND

[1968] 1 Lloyd's Rep. 100

Insurance - All risks - "To pay up to £1,000 in the event of . . . loss of . . . manuscripts . . . resulting in the necessity for the Assured to rewrite" - Whether insurers liable if works not rewritten - Effect of Mutual Assessors Clause.

HOPKINS v. SHAW SAVILL & ALBION CO., LTD.

[1968] 1 Lloyd's Rep. 103

Master and servant - Duty of care - Inexperienced security officer - Alleged lack of supervision - Security officer's hand trapped in closing MacGregor hatch - Liability of employers - Contributory negligence. - Fellow-employee - Security officer's hand trapped in closing MacGregor hatch - Negligence of fellow-employee - Liability of employers - Contributory negligence. Costs - Recovery by plaintiff of less than £400 - Whether High Court or County Court costs should be allowed.

PRACTICE DIRECTION

[1968] 1 Lloyd's Rep. 111

Evidence of expert witnesses.

WRIGHT v. TYNE IMPROVEMENT COMMISSIONERS AND OSBECK & CO., LTD.

[1968] 1 Lloyd's Rep. 113

Contract - Indemnity clause - Crane hired by dock worker's employers from port authority - Injury to dock worker involving crane - Whether indemnity clause covered negligence of port authority's servant - Whether crane causally connected with accident. Negligence - Duty of care - Dock worker knocked from wagon by sling of crane when wagon was winched forward - Liability of employers of winch-man (crane-owners) - Whether hirers of crane (dock worker's employers) bound to indemnify crane-owner under contract of hire.

THE "BRITISH PATROL"

[1968] 1 Lloyd's Rep. 117

Collision - Narrow channel - Starboard-hand rule - Vessels approaching head-on - Tardy avoiding action - Alteration of course to port - Collision Regulations, 1954, Rule 25 (a). Costs - "Follow the event" - Effect of offer before trial.

THE "ARACELIO IGLESIAS"

[1968] 1 Lloyd's Rep. 131

Collision - Crossing vessels - Stand-on vessel engaged in obvious ordinary nautical manoeuvre - Collision Regulations, 1953, Rules 19, 21.

COLDWELL-HORSFALL v. WEST COUNTRY YACHT CHARTERS, LTD., AND OTHERS (THE "ANNIE HAY")

[1968] 1 Lloyd's Rep. 141

Limitation of liability - Owner acting as master - Collision due to negligence of owner/master - Whether owner entitled to limit liability - Merchant Shipping Act, 1894, Sect. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, Sect. 3. Practice - Agreed statement of facts - Form. - - Writ - Form - Relief sought which Court probably could not grant.

CREMER v. SAMANTA AND SAMANTA

[1968] 1 Lloyd's Rep. 156

Arbitration - Award - Form - Amount of damages not stated on face of award - Enforceability - Comments by Court.

LIM TRADING COMPANY v. HAYDON

[1968] 1 Lloyd's Rep. 159

Insurance - Stockbrokers policy - Shares given to customer for worthless cheques - Whether loss constituted a "theft" within Lloyd's In and Out stockbrokers policy - Effect of rule of plaintiffs' office that shares should not be handed over until cheques had been cleared.

E. J. R. LOVELOCK, LTD. v. EXPORTLES

[1968] 1 Lloyd's Rep. 163

Contract - Arbitration clause - Ambiguity - Effect.

NARBETH v. JAMES (THE "LADY TAHILLA")

[1968] 1 Lloyd's Rep. 168

Contract - Implied term - Optional methods of performance - Whether implied obligation to notify method chosen. Sale of ship - Agreement - Construction - Optional methods of performance - Whether notice of choice of method required. Ship's mortgage - Payment - Optional methods - Whether mortgagor under duty to give notice to mortgagee as to his choice of method - Whether mortgagor gave such notice.

GURTNER v. CIRCUIT AND MOTOR INSURERS' BUREAU

[1968] 1 Lloyd's Rep. 171

Motor Insurers' Bureau - Joinder as defendants - R.S.C. Order 15, r. 6. Practice - Writ - Substituted service.

CORPS AND CORPS (TRADING AS CORPS BROS.) v. THE "QUEEN OF THE SOUTH" (OWNERS); PORT OF LONDON AUTHORITY (INTERVENERS)

[1968] 1 Lloyd's Rep. 182

Admiralty practice - Action in rem - Claim by watermen for services rendered (mooring, unmooring and carriage of crew) to ship - Whether services were necessaries or within Administration of Justice Act, 1956, Sect. 1 (1) (h) (m) and (p). - Intervention by port authority claiming for port rates due - Whether statutory right of seizure exercisable by port authority while vessel under arrest - Form of order - Port of London (Consolidation) Act, 1920, Sect. 75.

AERO-HYDRAULICS, LTD. v. BRITISH RAILWAYS BOARD (THE "HAMPTON FERRY")

[1968] 1 Lloyd's Rep. 194

Negligence - Damage to pneumatic breakwater by wire trailing from vessel - Negligence of berthing staff and/or crew of vessel.

TEHERAN-EUROPE COMPANY, LTD. v. S. T. BELTON (TRACTORS), LTD.

[1968] 1 Lloyd's Rep. 211

Principal and agent - Undisclosed foreign principal - Sale of machinery by English sellers - Whether privity of contract existed between foreign buyers and English sellers. Sale of goods - Implied term - Goods to be reasonably fit for purpose - Whether necessary to prove reliance on sellers' skill and judgment - Sale of Goods Act, 1893, Sect. 14 (1). Practice - Pleading - Usage of trade alleged - Whether necessary to plead.

PRACTICE DIRECTION

[1968] 1 Lloyd's Rep. 220

Infants - Evidence by adoption society or local authority in contested applications concerning infants.

PRACTICE DIRECTION

[1968] 1 Lloyd's Rep. 221

Applications for possession orders by second or subsequent mortgagees

THE "NORMAR" (OWNERS) v. BRITISH TRANSPORT DOCKS BOARD; MORRIS & BUTTERS, LTD.; AND COZENS & SUTCLIFFE, LTD. (THE "NORMAR")

[1968] 1 Lloyd's Rep. 223

Practice - Pleadings - Counterclaim on third party notice-Whether parts of third party defence and counterclaim should be struck out - Whether defendant on whom third party notice was served could counterclaim- Order 16, r. 1 (3), r. 8 (3)-Whether Court had discretion to strike out counterclaim or order separate trials - Order 15, r. 2 - Whether defendant could counterclaim for whole of his damages against third party's counterclaim.

THE COXSWAIN, CREW, LAUNCHERS AND WINCHMEN OF THE SHOREHAM LIFEBOAT v. THE "KATCHER I" (OWNERS) (THE "KATCHER I")

[1968] 1 Lloyd's Rep. 232

Admiralty practice-Pleadings-Amendment- Application to amend statement of claim in salvage action to plead further services-Whether amendment raised new cause of action - Maritime Conventions Act, 1911, Sect. 8. Salvage-Claim for salvage services- Application to amend statement of claim to plead further services-Whether earlier and later services were a unity giving rise to one single cause of action.

FAURE, FAIRCLOUGH, LTD. v. PREMIER OIL & CAKE MILLS, LTD.

[1968] 1 Lloyd's Rep. 237

Arbitration-Award-Motion to set aside or remit-Alleged misconduct by Appeal Board in refusing to hear relevant evidence and allow questioning of witnesses - Whether arbitrator could refuse a party right to examine a witness tendered by that party- Whether right to object waived if party did not ask for consultative case.

TRADAX INTERNACIONAL S.A. v. R. PAGNAN AND FRATELLI

[1968] 1 Lloyd's Rep. 244

Sale of goods-Discharging port demurrage- Whether buyers or sellers liable-Delay at discharging port due to congestionldash; Customs of port-L.C.T.A. Contract Form No. 41.

BROADERS v. JAMES FISHER & SONS, LTD.

[1968] 1 Lloyd's Rep. 255

Negligence - Safe means of access - Ship's gangway placed athwartships as only route across deck-Injury to seaman while stepping off gangway-Whether step should have been provided from gangway to deck- Whether edge of gangway was jagged- Liability of employer.

CARLE & MONTANARI, INC. v. AMERICAN EXPORT ISBRANDTSEN LINES, INC., AND JOHN W. McGRATH CORPORATION

[1968] 1 Lloyd's Rep. 260

United States-Bill of lading-Limitation of liability - Damage to cargo - Carrier's liability limited to $500-Whether stevedore also entitled to benefit of bill of lading provision.

-Stevedore's right to limit liability.

SILVESTRI v. ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE

[1968] 1 Lloyd's Rep. 263

United States contract - Ticket conditions - Limitation of action - Whether reasonable warning of conditions given to passenger by shipowner - Whether conditions applicable to action in rem.

BRITISH ROAD SERVICES, LTD. v. ARTHUR V. CRUTCHLEY & CO., LTD. FACTORYGUARDS, LTD. (THIRD PARTY)

[1968] 1 Lloyd's Rep. 271

Warehousemen-Bailment-Loss of whisky by theft-No alarm system installed-Whisky left visible to passers-by - Whether warehousemen were negligent-Failure by security guard to perform full number of patrols - Liability of security guard's employers - Whether negligence of warehousemen and/or security guard caused or contributed to loss - Applicability of warehousemen's or customer's conditions. Negligence - Security guard - Failure to perform full number of patrols-Liability of employers-Whether negligence caused or contributed to loss by theft.

ONASSIS AND CALOGEROPOULOS v. VERGOTTIS

[1968] 1 Lloyd's Rep. 294

Contract-Option-Shares in ship-Whether party provided money by way of loan or for purchase of shares in ship.

ARUNA MILLS, LTD. v. DHANRAJMAL GOBINDRAM

[1968] 1 Lloyd's Rep. 304

Sale of goods (c.i.f.)-Revaluation of currency clause-Devaluation of rupee-Shipment outside contractual period-Whether breach of contract by sellers-Liability of buyers for increase in price - Whether increase recoverable by buyers as damages for breach of contract. Damages-Remoteness-Breach of contract- Revaluation of currency - Whether loss resulting from revaluation of currency was too remote in law to be recoverable- Whether buyers mitigated loss. Arbitration-Award-Remission for further findings of fact-Effect of trade association rule disallowing legal representation on arbitration-Costs of award-Comments by Court.

FLETCHER v. AUTOCAR & TRANSPORTERS, LTD.

[1968] 1 Lloyd's Rep. 317

Damages - Assessment - Personal injuries - Principles-Plaintiff transformed into mental and physical wreck - Considerations for Court-Acceptability of actuarial evidence- Overlapping of heads of damages-Whether expense of pastimes should be taken into account.

TZORTZIS AND SYKIAS v. MONARK LINE A/B

[1968] 1 Lloyd's Rep. 337

Conflict of laws-Contract-Proper law-Sale of ship by Swedish owners (carrying on business in Sweden) to Greek subjects (resident in Greece) on "Saleform" contract form (approved by Baltic and International Maritime Conference)-London chosen by parties as place where any disputes should be arbitrated - Whether English law or Swedish law proper law of contract.

FOWLEY MARINE (EMSWORTH), LTD. v. GAFFORD

[1968] 1 Lloyd's Rep. 343

Waters-Tidal waters-Right to fix permanent moorings in bed of tidal waters. Trespass-Extent of possession required to found action against persons fixing moorings in bed of tidal waters. Navigation-Permanent moorings-Whether an ordinary incident to navigation exercisable without permission of possessor or owner of bed of tidal waters-Meaning of "ordinary incident of navigation". Custom-Right to fix moorings in bed of tidal waters.

HUNTER v. SMITH'S DOCK COMPANY, LTD.

[1968] 1 Lloyd's Rep. 354

Redundancy Payments Act, 1956 - Ship-repairing industry-Redundancy payment to riveter - Previous breaks in service - Whether breaks were "temporary cessations of work" - Contracts of Employment Act, 1963, Schedule 1, par. 5.

IN RE CRAVEN INSURANCE COMPANY, LTD.

[1968] 1 Lloyd's Rep. 361

Company-Winding up-Insurance company- Margin of solvency-Petition for compulsory winding up by Board of Trade-Prospect of deficit being wiped out-Discretion of Court - Insurance Companies Act, 1958, Sect. 13 (1); Companies Act, 1967, Sects. 62 (1), 79 (1).

THE "TOJO MARU"

[1968] 1 Lloyd's Rep. 365

Collision - Look-out - Vessels leaving and approaching pier - Improper signals - Misleading lights-Whether vessels were on crossing courses - Collision Regulations, 1954, Rules 1 (b) and 21.

NAVICO A.G. v. VRONTADOS NAFTIKI ETAIRIA P.E.

[1968] 1 Lloyd's Rep. 379

Charter-party - Construction - "Centrocon" Strike Clause - "Stoppages beyond control of Charterers" - Dispatch rebate - "Any time lost . . . through . . . above causes" - Whether period from anchoring of vessel off port to giving notice of readiness counted as time used in loading.

ALLAN PETERS (JEWELLERS), LTD. v. BROCKS ALARMS, LTD.

[1968] 1 Lloyd's Rep. 387

Contract - Breach - Remoteness of damage - Installation of burglar alarm system at plaintiffs' shop by defendants - Window grille not electrically contacted - Whether breach of contract by defendants-Fault not causing loss but giving plaintiffs' insurers right to repudiate liability - Whether defendants should have contemplated loss - Applicability of exemption clause. Insurance - Policy - Construction - Whether indorsement applicable to whole of policy. Insurance-Warranty-Inspection by insurers' own surveyor-Whether breach of warranty waived.

HAMLYN CONSTRUCTION COMPANY, LTD. v. AIR COURIERS, LTD. McMORRAN AND OTHERS (THIRD PARTIES)

[1968] 1 Lloyd's Rep. 395

Contract - Breach - Architect and client - Sub-contracting without knowledge of client -Defective design of building-Whether fees recoverable by client as paid under a mistake of fact or for a consideration which had wholly failed-Damages-Costs of defending claim by builders-Whether too remote.

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

[1968] 1 Lloyd's Rep. 403

Insurance-Contractors All Risks Insurance- "Faulty design"-Damage by flood waters to piers of bridge under construction - Whether within exclusion of damage due to faulty design-Meaning of "faulty design".

JAYSON v. MIDLAND BANK, LTD.

[1968] 1 Lloyd's Rep. 409

Defamation - Libel - Dishonoured cheques marked "Refer to Drawer"-Whether effect of words was to lower reputation of drawer -Whether words true. Contract-Banking-Alleged wrongful refusal to pay cheques - Whether agreement to honour cheques was conditional on overdraft not being exceeded.

MARFANI & CO., LTD. v. MIDLAND BANK, LTD.

[1968] 1 Lloyd's Rep. 411

Banking - Cheque - Conversion - Cheque delivered by customer to bank for collection of proceeds - Duty owed by bank to true owner of cheque - Whether bank acted without negligence - Ordinary practice of bankers-Cheques Act, 1957, Sect. 4 (1).

THE "STATUE OF LIBERTY"1

[1968] 1 Lloyd's Rep. 429

Evidence - Admissibility - Mechanically recorded film strip of radar echoes - No human intervention - Whether inadmissible under hearsay rule.

DIESTELKAMP v. BAYNES (READING), LTD. SIBAEI v. BAYNES (READING), LTD. (THE "AGA")

[1968] 1 Lloyd's Rep. 431

General average - Contribution - Expenditure incurred after vessel was beached due to taking heavy list - Hole in ballast tank - Whether vessel was seaworthy-Stability of vessel - Whether owners exercised due diligence. Practice-Procedure-Right to sue-Plaintiffs carrying on business under name of non-existent company - Company name on Lloyd's general average bond - Whether plaintiffs entitled to sue on bond.

BRUSHFIELD SARGENT & CO., LTD. v. HOLMWRIGHT ENGINEERING COMPANY, LTD.

[1968] 1 Lloyd's Rep. 439

Forwarding agents - Charges - Quotation by agents after being told dimensions of goods by customer - Goods of greater dimensions sent for shipment by customer - Whether quotation was for charges based on specific measurement - Liability of customer for increase in freight charges and expenses.

ORION INSURANCE COMPANY v. CRONE, CRONE AND ROBERT CRONE PICTURES, LTD.

[1968] 1 Lloyd's Rep. 443

Canada - Insurance - Air carrier's liability insurance-Direct action against air carrier's insurer by injured passengers - Insurance Act, R.S.O. 1960, cap. 190, Sect. 95 - Authorization of international flight not obtained, contrary to operating licence - Whether flight conducted "in accordance with Licenses issued to Insured"-Operating certificate - Meaning of "under day Visual Flight Rules only."

AUSTRALIAN OIL REFINING PTY., LTD. v. R. W. MILLER & CO. PTY., LTD.

[1968] 1 Lloyd's Rep. 448

Charter-party - Collision - Damage to charterer's wharf - "Owners shall instruct the Master . . . to engage a pilot"-Negligence of pilot-Whether pilotage was compulsory -Liability of owners-"Owners shall not be responsible for loss or damage" - Whether restricted to loss or damage to cargo-Effect of incorporation of Hague Rules into charter-party - Australian Sea-Carriage of Goods Act, 1924, Schedule, Art. IV (2) (a).

CHRISTOPHER HILL, LTD. v. ASHINGTON PIGGERIES, LTD. CHRISTOPHER HILL, LTD. v. FUR FARM SUPPLIES, LTD. NORSILDMEL (THIRD PARTIES)

[1968] 1 Lloyd's Rep. 457

Sale of goods - Description - Fitness for purpose - Merchantable quality - Mink food mixed by compounders for customers to agreed formula - Food toxic to mink - Whether due to inclusion of Norwegian herring meal - Liability of compounders to customers-Liability of Norwegian sellers to compounders-Whether certificate of analysis was final-Applicability of defects clause -Whether "quality" in description clause excluded an ingredient which could not be detected at time of delivery-Meaning of "Guaranteed for consumption in U.K." -Sale of Goods Act, 1893, Sects. 13, 14 (1) and (2)-Meaning of "particular purpose".

FURNESS-HOULDER ARGENTINE LINES, LTD. v. THE "MIRAFLORES" (OWNERS), THE "GEORGE LIVANOS" (OWNERS) AND OTHERS (THE "ABADESA")

[1968] 1 Lloyd's Rep. 493

Limitation of liability-Conversion rate- Sterling equivalent to 1000 gold francs- Devaluation of sterling between collision and limitation order-Whether sterling equivalent at date of (i) collision, (ii) issue of writ or (iii) judgment, should apply. Merchant Shipping Act, 1894, Sect. 503, as amended by Merchant Shipping (Liability of Shipowners and Others) Act, 1958-Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1958 - Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1967-Brussels Convention, 1957. Admiralty practice-Interest on limitation fund -Whether interest rate should be raised from 4 per cent.

THE "TUDOR"

[1968] 1 Lloyd's Rep. 500

Salvage - Award - Assessment - Whether salvor manoeuvred negligently-Degree of danger to salved vessel and salvor.

LISI AND OTHERS v. ALITALIA-LINEE AEREE ITALIANE, S.p.A.

[1968] 1 Lloyd's Rep. 505

Carriage by air-Passenger ticket and baggage check-Notification of limitation of liability under Warsaw Convention virtually invisible - Effect on liability of carrier - Whether notification required on ticket and check - Warsaw Convention, 1929, Arts. 3, 4.

THE "WORLD BEAUTY"

[1968] 1 Lloyd's Rep. 507

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

PERRY v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1968] 1 Lloyd's Rep. 525

Negligence-Duty of care-Boilermaker injured by falling valve cover-Valve misplaced by defendants' fitter-Chain of circumstances leading to accident-Liability of defendants.

ELDER DEMPSTER LINES, LTD. v. IONIC SHIPPING AGENCY, INC.; MIDLAND BANK; AND MARINE MIDLAND GRACE TRUST COMPANY OF NEW YORK

[1968] 1 Lloyd's Rep. 529

Banking - Letter of credit - Whether irrevocable credit was issued to beneficiaries jointly - Expiration date of letter given by confirming bank - Whether liability of issuing bank ceased on same date-Whether, under rules of equity, it should be presumed that joint beneficiary under letter of credit had concurred in payment out to beneficiary entitled.

McCARTHY v. HELLENIC LINES, LTD.

[1968] 1 Lloyd's Rep. 537

Docks Regulations, 1934 - Safe means of access - Mustard seed on 'tween deck - Stevedore injured while proceeding from main deck to lower hold - Whether Regulation 11 applied to approach to or from ladder - Applicability where means of access consisted of sections of ladder. Occupiers' Liability Act, 1957 - Common duty of care - Mustard seed (residue of bagged cargo) on 'tween deck - Injury to stevedore - Whether occupational hazard - Liability of shipowners.

PRACTICE DIRECTION

[1968] 1 Lloyd's rep. 545

Review of taxation of costs under Rule 35 of Order 62.

PRACTICE DIRECTION

[1968] 1 Lloyd's rep. 545

New Judicial Direction 32 (ii).

HARDWICK GAME FARM v. SUFFOLK AGRICULTURAL AND POULTRY PRODUCERS' ASSOCIATION, LTD.; Wm. LILLICO & SON, LTD. (FIRST THIRD PARTY); GRIMSDALE & SONS, LTD. (SECOND THIRD PARTY); HENRY KENDALL & SONS (FIRST FOURTH PARTY); HOLLAND-COLOMBO TRADING SOCIETY, LTD. (SECOND FOURTH PARTY)

[1968] 1 Lloyd's Rep. 547

Fertilisers and Feeding Stuffs Act, 1926 - Implied warranty of suitability - Whether applicable to feeding stuffs for pheasants and partridges-Whether applicable only to specific article sold in original state - Meaning of "poultry". -C.i.f. contracts-Applicability of Act -Unascertained goods-Passing of property. Sale of goods-Fitness for purpose-Implied condition - Whether fact that buyers and sellers were members of the same Trade Association rebutted presumption that buyers relied on sellers' judgment-Meaning of "particular purpose" - Sale of Goods Act, 1893, Sect. 14 (1). -Merchantable quality - Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). Contract-Implied term from course of dealing -Whether conditions printed on contract notes sent to buyers in previous dealings could be impliedly incorporated into contract although buyers had never read those conditions. -Latent defects clause - Whether apt to exclude liability for breach of implied condition as to fitness or whether restricted to quality.

GALLAHER, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1968] 1 Lloyd's Rep. 601

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

J. & J. COLMAN, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1968] 1 Lloyd's Rep. 613

Revenue - Import duty - Commonwealth Preference - Importation of mustard seed from Canada - Seed carried from Vancouver (B.C.) to Norwich, via Rotterdam and Antwerp, where it was transhipped over side of ocean vessel to coaster - Whether goods were "consigned to U.K." and entitled to Commonwealth Preference - Import Duties Act, 1958, Sect. 2. Revenue - Import duty - Interest - Goods released by Customs only on payment of £10,000 deposit pending assessment of duty - Part of deposit returned when duty assessed - Decision by Court that no duty was payable - Whether owner entitled to interest from date of deposit or date of assessment - Customs and Excise Act, 1952, Sects. 255 and 260.

COROCRAFT, LTD., AND VENDOME JEWELS, LTD. v. PAN AMERICAN AIRWAYS, INC.

[1968] 1 Lloyd's Rep. 625

Carriage by air - Limitation of liability - Loss of goods by air carrier - Volume and dimensions not stated on air waybill - Whether carrier could limit liability - Whether implied statement of volume and dimensions sufficient compliance - Effect of limitation clause in air waybill - Whether proper law of contract of carriage was United States or English law - Carriage by Air Act, 1932, Schedule, Art. 8 (i).

CHALMERS v. BLUE STAR LINE, LTD.

[1968] 1 Lloyd's Rep. 643

Master and servant - Safe plant - Obvious danger - MacGregor hatch cover - Seaman's thumb trapped - Liability of employers - Onus of proof - Contributory negligence.

Lloyd's Law Reports