i-law

Lloyd's Law Reports

SOCIETE FRANCO-TUNISIENNE D'ARMEMENT-TUNIS v. THE GOVERNMENT OF CEYLON. (THE "MASSALIA.")

[1959] 2 Lloyd's Rep 1
Arbitration-Award-Motion to set aside or remit -Settlement of final accounts between owners and charterers under charter-party - Jurisdiction of arbitrator-Misconduct-Terms of reference.

O'NEILL v. THE BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1959] 2 Lloyd's Rep 21
Negligence - Safe premises - Unusual danger - Hose pipe lying along deck of vessel in dock -Employee of ship-repairers injured in fall -Whether hose pipe constituted an unusual danger-Liability of shipowners.

MAISEY v. THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

[1959] 2 Lloyd's Rep 23
Master and servant-System of working-Repair of oil tank lying in dry dock - Duty on employers to remove mooring ropes before work started-Injury to boilermaker when his hammer caught in mooring rope-Liability of employers.

READER v. SCHOTHORST AND ANOTHER.

[1959] 2 Lloyd's Rep 26
Damages-Assessment-Personal injuries-Tardy return to work.

LUCHFORD v. T. F. MALTBY, LTD.

[1959] 2 Lloyd's Rep 28
Damage-Assessment-Personal injuries claim.

ALBERT D. GAON & CO. v. SOCIETE INTERPROFESSIONELLE DES OLEAGINEUX FLUIDES ALIMENTAIRES.

[1959] 2 Lloyd's Rep 30
Sale of goods (c.i.f.)-Non-performance-Alleged frustration due to closing of Suez Canal - Shipping available to carry goods via Cape of Good Hope-Incorporated Oil Seed Association Contract No. 38.

CLAY v. MINISTRY OF TRANSPORT AND CIVIL AVIATION.

[1959] 2 Lloyd's Rep 45
Negligence-Unmooring of vessel-Injury to crane attendant - Foreseeability - Contributory negligence - Damages - Aggravation of pre-existing condition.

PRACTICE DIRECTION.

[1959] 2 LLOYD'S LIST LAW REPORTS. 52
Chambers-Applications to Queen's Bench Judge in Chambers - Publication in Daily Cause List.

THE "AMERICAN JURIST" AND THE "CLAYCARRIER."

[1959] 2 Lloyd's Rep 53
Collision-River-Look-out-Starboard-hand rule- Embarrassment caused by vessel turning in river, resulting in collision between two other vessels-Port of London River By-laws, 1938, Rules 30, 38.

THE "MARINEGRA."

[1959] 2 Lloyd's Rep 65
Collision-River-Starboard-hand rule-Steerage-way -Vessel not answering helm-Approaching vessel aware that other vessel was having difficulty in rounding bend in river-Altering of course and increasing of speed - Alleged negligent loss of steerage-way - Assessors - Observations of functions of Assessors.

THE "HASSEL."

[1959] 2 Lloyd's Rep 82
Salvage-"Engaged" services-Offer of services by salvage tug accepted by wireless by vessel in distress - services rejected by vessel on arrival of salvage tug, in favour of other tugs -Claim by salvage tug for an award although she rendered no services.

THE "MERCHANT PRINCE."

[1959] 2 Lloyd's Rep 90
Collision-River-Starboard-hand rule-Bend in river-Excessive speed-Seamanship-Navigation of Inland Waters Regulations for Nigeria, Rule 6-Marine Department Notice No. 30 of 1954 W/T Watches in Inland Waterways.

WILKINS v. WILLIAM CORY & SON, LTD.

[1959] 2 Lloyd's Rep 98
Master and servant-Means of access-Injury to coal trimmer while ascending ladder from hold of vessel-Obstruction close to ladder-Docks Regulations, 1934, Regulation 11. Damages-Susceptibility to injury resulting from accident-Further injury-Effect on quantum of damages in respect of accident.

MAXINE FOOTWEAR COMPANY, LTD., AND MORIN v. CANADIAN GOVERNMENT MERCHANT MARINE, LTD.

[1959] 2 Lloyd's Rep 105
Carriage of Goods by sea-Unseaworthiness-Fire during loading of vessel-Scuttling consequent upon fire-Claim by cargo-owners for loss of their goods-Whether shipowners exempt from liability under Art. IV - Canadian Water Carriage of Goods Act, 1936, Arts. III, IV, rr. (1) (2)-Meaning of "before and at the beginning of the voyage."

SZE HAI TONG BANK, LTD. v. RAMBLER CYCLE COMPANY, LTD.

[1959] 2 Lloyd's Rep 114
Bill of lading-Mis-delivery-Goods delivered by shipowners' agents without production of bill of lading - "Responsibility of the carrier shall be deemed . . . to cease absolutely after [goods] are discharged" - Liability of shipowners.

THE "HEBRIDEAN COAST."

[1959] 2 Lloyd's Rep 122
Damages-Assessment-Non-profit-making body's vessel damaged in collision-Claim for loss by detention-Measure of damages. Collision - Detention for repairs - Measure of damages.

DERBY CABLES, LTD. v. FREDERICK OLDRIDGE, LTD.

[1959] 2 Lloyd's Rep 140
Lighterage-Short delivery-Liability of lighter-owners -Construction of lighterage contract- Effect of Lighterage Clause upon contract where in conflict with other terms.

ANGLO OVERSEAS TRANSPORT COMPANY, LTD. v. TITAN INDUSTRIAL CORPORATION (UNITED KINGDOM), LTD.

[1959] 2 Lloyd's Rep 152
Forwarding agents - Dead freight - Liability of shippers to indemnify forwarding agents for dead freight paid - Custom of forwarding agents to incur personal liability to ship's agents.

E. BRAUDE (LONDON), LTD. v. PORTER.

[1959] 2 Lloyd's Rep 161
Sale of goods - Short delivery - Dead freight - Liability of seller to buyers for dead freight paid to shipowners and loss in buying in goods.

CAVANAGH v. ULSTER WEAVING COMPANY, LTD.

[1959] 2 Lloyd's Rep 165
Master and servant-System of working-Reasonable care-Act of omission-Labourer's fall from roof ladder while wearing oversized rubber boots-Absence of handrail-Liability of employers-Onus of proof-Consideration of employers' standard of care.

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

[1959] 2 Lloyd's Rep 175
Practice - Discovery - Privilege - Hospital case notes.

THE "VANESSA."

[1959] 2 Lloyd's Rep 179
Collision-River-Starboard-hand rule.

THE "HAROLD BROWN" AND THE "S.H.M.1."

[1959] 2 Lloyd's Rep 187
Salvage-Lifeboatmen as salvors.

THE "FRISIA."

[1959] 2 Lloyd's Rep 193
Salvage-Engines broken down-Standing-by and towage services-Apportionment.

WOOD COMPONENTS OF LONDON v. JAMES WEBSTER & BROTHER, LTD.

[1959] 2 Lloyd's Rep 200
Sale of goods-Sample shipment-Whether a sample or instalment-Extent of right of buyers to disapprove-Whether balance of goods had to correspond with sample.

WINGFIELD v. ELLERMAN'S WILSON LINE, LTD. (FURLEY & CO., LTD., THIRD PARTIES.)

[1959] 2 Lloyd's Rep 205
Negligence&Safe premises-Means of access- Insecure ladder from quay to lighter-Dock worker's fall-Obvious danger-Liability of employers-Liability of lighter-owners to contribute under Law Reform (Married Women and Tortfeasors) Act, 1935- Contributory negligence of dock worker.

OTIS McALLISTER & CO. v. SKIBS-A/S MARIE BAKKE.*

[1959] 2 Lloyd's Rep 210
Bill of lading-"Invoice value" clause- Validity-U.S. Carriage of Goods by Sea Act, 1936, Sect. 3 (8).

SMALLWOOD v. LAMPORT & HOLT LINE, LTD.

[1959] 2 Lloyd's Rep 213
Master and servant - Unnecessary risk - Safe premises-Boatswain injured while clambering over dunnage on deck of vessel - Obvious danger - Foreseeability of risk - Liability of shipowners.

D. F. MOUNT, LTD. v. JAY & JAY (PROVISIONS) COMPANY, LTD.

[1959] 2 Lloyd's Rep 269
Lien-Unpaid sellers-Whether sellers assented to sale by buyer to sub-buyers-Transfer of document of title-Same document not transferred by buyer-Whether sellers precluded from exercising rights of unpaid sellers-Sale of Goods Act, 1893, Sects. 25 (2), 47.

RUSSELL v. PROVINCIAL INSURANCE COMPANY, LTD.

[1959] 2 Lloyd's Rep 275
Marine insurance-Total loss-"No claim shall attach to this policy while the vessel is being towed"-Two vessels proceeding breasted together, both under power-Whether "being towed".

SAID v. CARLTON STEAMSHIP COMPANY, LTD., AND CAMBAY STEAMSHIP COMPANY, LTD.

[1959] 2 Lloyd's Rep 282
Master and servant-System of working-Sate premises-Stokehold of vessel-Injury to plaintiff fireman-trimmer while slicing fire- Alleged withholding of medical attention- Allegation that plaintiff stumbled on coal on floor of stokehold-Whether accident due to confined space of stokehold.

NILS HEIME AKT. v. G. MEREL & CO., LTD.

[1959] 2 Lloyd's Rep 292
Arbitration - Award - Motion to set aside or remit-Sale of timber "3/4 x 4 and wider" -Dispute as to average width required by contract-Whether Court entitled to look at contract-Effect of custom of trade-Alleged excess of jurisdiction by arbitrator-Terms of submission note.

THOMASSON SHIPPING COMPANY, LTD. v. HENRY W. PEABODY & CO. OF LONDON, LTD.

[1959] 2 Lloyd's Rep 296
Charter-party-"Dispatch money . . . payable for all working time saved . . . at the rate of £100 per day, or pro rata . . ."-Calculation of time saved-Dispute as to method of applying rate-Meaning of "working time saved"; and "day".

HOGAN v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

[1959] 2 Lloyd's Rep 305
Negligence - Safe premises - Open hatch in forecastle head of vessel - Lighting - Alleged licensee's fall down open hatch - Liability of shipowners - Contributory negligence.

THE "DRIADE."

[1959] 2 Lloyd's Rep 311
Salvage - Vessel aground in River Mersey - Compulsory pilot - Services rendered by 11 tugs-Apportionment-Whether pilot entitled to an award.

MIDEASTRA, LTD. v. CARGO SUPERINTENDENTS (LONDON), LTD.

[1959] 2 Lloyd's Rep 324
Sale of goods (c. & f.) - Inspection certificates - Sale of scout cars-Payment against documents including inspection certificates - Whether inspecting authority employed by ultimate buyers or original sellers.

BARNET GROUP HOSPITAL MANAGEMENT COMMITTEE v. EAGLE STAR INSURANCE COMPANY, LTD.

[1959] 2 Lloyd's Rep 335
Road Traffic Act, 1930 - Hospital expenses - Voluntary passenger injured in motor-car accident-Payment made by insurers without knowledge of hospital treatment-Liability of insurers in respect of hospital expenses - Whether a voluntary passenger "any person" within Sect. 36 (2) of Road Traffic Act, 1930 (as substituted by the Road and Rail Traffic Act, 1933, Sect. 33).

BRUCE v. CLOVA FISHING COMPANY, LTD.

[1959] 2 Lloyd's Rep 341
Negligence-Invitee-Unusual danger-Injury to dock worker assisting in bringing vessel alongside quay - Use of ship's winch and wire running through fairlead - Alleged defective fairlead-Steam turned on by fellow-employee to work winch-Extent of shipowners' invitation -Liability of shipowners.

WILSON v. CLYDE RIGGING AND BOILER SCALING COMPANY, LTD., AND CLUTHA STEVEDORING COMPANY, LTD.

[1959] 2 Lloyd's Rep 345
Negligence - Loading of dunnage into vessels by riggers - Injury to shipwright's labourer receiving load - No arrangements made by riggers for reception of load - Foreseeability of injury-Liability of riggers' employers. Practice-Scotland-Pleadings-Evidential value of averments.

MAXWELL v. PRICE (HALFORD, THIRD PARTY).

[1959] 2 Lloyd's Rep 352
Solicitors' Indemnity Insurance - Claim in respect of negligent act committed by solicitor prior to his joining insured firm.

PRACTICE NOTE. ALLEN v. ALLEN & OTHERS.

[1959] 2 Lloyd's Rep 357
Evidence-Application for extension of powers of investment under Variation of Trusts Act, 1958 -Expert evidence on general financial matters no longer required.

GRAHAM v. GRAYSON, ROLLO & CLOVER DOCKS, LTD.

[1959] 2 Lloyd's Rep 359
Master and servant - System of working - Removal of wooden trestle in dry dock -Injury to dock worker when trestle fell upon him-Whether doctrine of res ipsa loquitur applied.

THE "ELMOL."

[1959] 2 Lloyd's Rep 362
Collision - River - Starboard-side rule - Speed - Wind - Loss of steerage-way by vessel approaching locks-Alleged excessive speed of vessel leaving locks-Seamanship.

THE "ENSO."

[1959] 2 Lloyd's Rep 369
Collision - Dock - Sinking of moored barge - Whether struck by vessel leaving dock - Probabilities.

BETH v. ORIENT STEAM NAVIGATION COMPANY LTD.

[1959] 2 Lloyd's Rep 377
Master and servant - Fellow-employee - Ship's assistant baker's back injured by falling cable while he was lying on hatch cover during off-duty period - Liability of shipowners.

KASAPIS v. LAIMOS BROS., LTD., AND COMPANIA NACIONAL NAVIERA S.A.

[1959] 2 Lloyd's Rep 378
Master and servant - Safe plant - Medical attention-Occupational hazard-Injury to ship's cook while cutting up carcass at sea- Alleged negligence and/or breach of contract of employment by shipowners.

ALEXANDER v. JOHN WRIGHT & SON (BLACKWALL), LTD.

[1959] 2 Lloyd's Rep 383
Master and servant-Fellow-employee-Injury to ship's painter lowering staging over rail of bridge of vessel in dock-Pre-existing heart condition - Loss of expectation of life - Measure of damages.

SWAN v. SCRUTTONS, LTD.

[1959] 2 Lloyd's Rep 388
Negligence-Dock-Obstruction on quay-Injury to riveter on tripping over bundle of netting on quay-Liability of stevedores responsible for depositing netting on quay - Docks Regulations, 1934-Contributory negligence.

THE "AROSA STAR."

[1959] 2 Lloyd's Rep 396
Ship - Creditors' priorities - Arrest and sale of ship - Priority of mortgagees, harbour authority, Admiralty Marshal, master and crew, ship's agents and necessaries men.

QATAR PETROLEUM COMPANY, LTD. v. THOMSON. SAME v. ROYAL EXCHANGE ASSURANCE.

[1959] 2 Lloyd's Rep 405
Practice - Pleadings - Further and better particulars of alleged conspiracy.

H. GLYNN (COVENT GARDEN), LTD. v. WITTLEDER AND ANOTHER (TRADING AS W. WITTLEDER, K.G.).

[1959] 2 Lloyd's Rep 409
Sale of goods (c.i.f.)-Contract note, for sale of potatoes, in German, with English translations of some terms-Allegation by buyers that potatoes were not of contract quality and size-Proper law of contract -Whether buyers bound by untranslated terms-Enforceability of German arbitration award-Alleged conclusion of further contract for sale of potatoes-"Consensus ad idem."

McKAY MASSEY HARRIS PROPRIETARY, LTD. v. IMPERIAL CHEMICAL INDUSTRIES OF AUSTRALIA & NEW ZEALAND, LTD.; UNITED STEVEDORING PROPRIETARY, LTD.; ELECTRIC REDUCTION COMPANY OF CANADA, LTD.; AND ELECTRIC REDUCTION SALES COMPANY, LTD. (THE "MAHIA" No. 2)*

[1959] 2 Lloyd's Rep 433
Negligence - Dangerous cargo - Stevedores - Damage to other cargo in explosion during unloading of cargo of sodium chlorate in drums-Liability of stevedores and/or consignees of sodium chlorate - Duty on consignees and/or stevedores to inspect cargo before discharging-Whether stevedores protected by bill of lading terms-Measure of damages-Whether general average contribution and insurance premium to be included-Passing of property under f.o.b. contract.

SHILLINGFORD (AS BUSINESS TRUSTEE OF A. C. SHILLINGFORD & CO.) v. BARON AND ANOTHER (TRADING AS A. A. BARON & CO.).

[1959] 2 Lloyd's Rep 453
Sale of goods (c.i.f.)-Fitness-Purchase of sugar syrup for resale - Syrup contaminated when received by sub-buyers - Alleged negligent manufacture - Fitness of casks - Liability of buyers to seller and seller to buyers-Onus of proof.

ACME FLOORING AND PAVING COMPANY (1904), LTD. v. S. SPANGLETT, LTD.

[1959] 2 Lloyd's Rep 464
Wharfingers - Storage charges - "Unwilling" bailees - Liability of bailors for reasonable rent - Whether excess over normal rate was reasonable.

AHMED v. F. T. EVERARD & SONS, LTD.

[1959] 2 Lloyd's Rep 466
Master and servant-Means of access-Seaman's fall on returning to his ship - Whether availability of ladder a conclusive factor in determining shipowners' liability.

THOMAS W. WARD, LTD. v. ALEXANDER BRUCE (GRAYS), LTD.

[1959] 2 Lloyd's Rep 472
Docks and ports-User-Dock owner's and wharf owner's right in common to use dock-Right of dock owner to dredge bed of dock so as to interfere with wharf owner's use-Whether wharf owner had prescriptive right to strand vessels on bed of dock or had acquired a title to that land under Limitation Act, 1939.

BARTLETT v. ADMIRALTY AND ANOTHER. (THE "VADNE.")

[1959] 2 Lloyd's Rep 480
Limitation of action-Discretion of Court to extend period-Collision at sea-Action for damages for personal injuries and loss of life commenced more than two years from date of collision- Whether action maintainable-Maritime Conventions Act, 1911, Sect. 8.

ALDER v. MOORE.

[1959] 2 Lloyd's Rep 487
Insurance - Group Personal Accident Scheme - "Permanent total disablement"-Payment to footballer on condition that he took no part "as a playing member of any form of professional football"-Football subsequently played professionally-Whether sum paid to be returned - Alleged "penalty" clause - Construction of policy-"Contra proferentes" principle.

GOODWIN v. POST OFFICE.

[1959] 2 Lloyd's Rep 495
Master and servant-Unnecessary risk-Means of access-Post Office engineer injured in fall on board cable ship at sea-Unsecured drum on shelf-Liability of employers.

WM. FERGUS HARRIS & SON, LTD. v. CHINA MUTUAL STEAM NAVIGATION COMPANY, LTD.

[1959] 2 Lloyd's Rep 500
Carriage of goods - Inherent defect - Japanese timber delivered in damaged condition-Clean bill of lading issued by shipowners-Liability of shipowners-Whether damage due to wet rot or dote-Carriage of Goods by Sea Act, 1924-Schedule, Art. IV, r. 2 (m).

CUBAN ATLANTIC SUGAR SALES CORPORATION v. COMPANIA DE VAPORES SAN ELEFTERIO LIMITADA. (THE "ST. ELEFTERIO.")

[1959] 2 Lloyd's Rep 505
Practice-Writ-Service out of the jurisdiction- Claim by cargo-owners for non-delivery of cargo at U.K. port owing to loss of vessel shortly after leaving Cuba, and before discharging port was nominated-Whether claim for breach of contract within jurisdiction - R.S.C., Order 11, r. 1 (e).

THE "BOSWORTH" (No. 1).

[1959] 2 Lloyd's Rep 511
Salvage - Vessel listing in heavy weather - "Mayday" call answered by two trawlers - Crew taken of and vessel towed to port - Loss of advantageous market by trawlers - Factors to be considered in making award. Costs - Effect of payment into Court in consolidated action, when award is more in one case and award is less in the other case than the amounts paid into Court - R.S.C., Order 22, r. 6, Order 65, r. 1.

THE "BOSWORTH" (No. 2).*

[1959] 2 Lloyd's Rep 537
Practice - Payment into Court by defendants in satisfaction of two plaintiffs' claims for salvage awards in a consolidated action - Whether sum need be apportioned between the two plaintiffs by defendants - R.S.C., Order 22, r. 1 (2).

LOVE v. PORT OF LONDON AUTHORITY.

[1959] 2 Lloyd's Rep 541
Damages - Assessment - Injury to lorry driver - Evidence of pre-existing heart condition - Effect on award.

LAWSON v. THOMPSON STEAMSHIPPING COMPANY, LTD.

[1959] 2 Lloyd's Rep 547
Master and servant-Unnecessary risk-Seaman's fall from bunk-Absence of rails-Unsuccessful operation-Evidence of previous injuries -Whether operation resulted from previous injuries-Liability of shipowners.

PRACTICE DIRECTION.

[1959] 2 LLOYD'S LIST LAW REPORTS 552
Costs-Precedent of order for taxation and payment of costs for use on certain application.

RIVERSTONE MEAT COMPANY, PTY., LTD. v. LANCASHIRE SHIPPING COMPANY, LTD. (THE "MUNCASTER CASTLE.")

[1959] 2 Lloyd's Rep 553
Carriage by sea-Unseaworthiness-Due diligence -Independent contractor-Sea-water damage to cargo in hold of vessel-Claim by cargo-owners - Liability of shipowners for unseaworthiness resulting from negligence of ship-repairers' employee-Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 1, Art. IV, r. 1.

DAVIE v. NEW MERTON BOARD MILLS LTD. AND ANOTHER.

[1959] 2 Lloyd's Rep 587
Negligence - Safe system of work - Plant and equipment - Latent defect - Injury to workman's eye caused by tool with latent defect- Tool supplied by reputable supplier - Tool made by reputable makers - Tool negligently made-Employers' liability.

In THE MATTER OF THE Shipping Casualties AND Appeals AND Rehearings Rules, 1923. THE "SEISTAN."

[1959] 2 Lloyd's Rep 607
Seamen-Censuring of chief engineer by Assessor in findings of Court of Formal Investigation inquiring into sinking of vessel-Rehearing- Whether censure justified.

THE "LIVERPOOL."

[1959] 2 Lloyd's Rep 611
Limitation of liability-Wreck-removing expenses -Double proof against limitation fund- Mitigation of loss-Sinking of steamship O. in River Mersey owing to admitted negligence of steamship L.-Claim by harbour authority against L. for full cost of removing wreck- Inclusion by O. of amount of her statutory liability for removal expenses to harbour authority in her claim against L.-Admissibility of both claims against limitation fund - Mersey Docks and Harbour Board Act, 1954, Sect. 3.

LEWIS EMANUEL & SON, LTD. v. SAMMUT

[1959] 2 Lloyd's Rep 629
Arbitration-Award-:Motion to set aside- Alleged misconduct by arbitrator in not accepting evidence; in awarding costs; and in delaying his award. Sale of goods (c.i.f.) - Frustration - Alleged impossibility of performance owing to unavailability of shipping space.

SHAH v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

[1959] 2 Lloyd's Rep 646
Master and servant-Unnecessary risk-Seaman's fall while descending ladder in tank of vessel in dock-Consideration of shipowner' duties -Liability of shipowners-Effect on damages of seaman's refusal to be repatriated.

MOSS v. PORT OF LONDON AUTHORITY.

[1959] 2 Lloyd's Rep 657
Master and servant - Fellow-employee - Crane-driver -Loading of reels of paper into barge -Lighterman struck by hook on crane- Liability of employers-Applicability of Docks Regulations, 1934, Regulation 43.

SOUTH AFRICAN DISPATCH LINE v. THE "NIKI" (OWNERS).

[1959] 2 Lloyd's Rep 663
Charter-party-Strike at loading port-Exceptions clause-"Charters shall not be responsible for any delay if the cargo intended for shipment . . . cannot be . . . loaded . . . by reason of . . . strikes"-Charter-party providing for alternative loading ports and alternative cargos-Whether charterers entitled to keep vessel at port until strike affecting particular cargo ended and that cargo could to loaded- Whether charterers entitled to send vessel to strike-bound port-Duty on charterers to provide alternative cargo - Meaning of "intended cargo".

GOODALL, YOUNG & CO., LTD., AND ANOTHER v. N. & C. BOOST, S.A.

[1959] 2 Lloyd's Rep 674
Sale of goods (c.i.f.)-Sale by description and sample-Quality of first shipments defective -Arbitration award in favour of buyers- Claim by buyers in respect of balance- Counterclaim by sellers alleging wrongful refusal by buyers to accept-Whether sellers estopped by arbitration from denying defective quality-Effect of arbitration award on contract-Measure of damages.

ACKLAM v. SENTINEL INSURANCE COMPANY, LTD.

[1959] 2 Lloyd's Rep 683
Master and servant-Contract of service-Wrongful dismissal-Alleged misconduct by branch manager of insurance company - Claim by branch manager for damages, including loss of pension rights.

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