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N.V. REEDERIJ AMSTERDAM v. PRESIDENT OF INDIA (THE "AMSTELMOLEN")

[1961] 2 Lloyd's Rep. 1

Charter-party - Demurrage - Berth not available owing to congestion of shipping in port-No fault of charterer or owners- Effect of Centrocon Strike Clause-"If the cargo cannot be loaded by reason of obstructions . . . beyond the control of the Charterers . . . time . . . shall not count" - Meaning of "obstructions" - Approved Baltimore Berth Grain Charter Party-Steamer.

THE "JALADHIR"

[1961] 2 Lloyd's Rep. 13

Collision-Crossing vessels-Stand-on vessel- Duty to take timely action to avoid collision and to sound warning signal- Admitted negligence of give-way vessel -Collision Regulations, 1954, Rules 19, 21, 28 (b).

THE "SANTA ALICIA" AND THE "GORM"

[1961] 2 Lloyd's Rep. 20

Salvage-Vessels locked together after collision -Degree of danger and fire risk-Several salvors including fire-fighting tug - Whether part of services of one salvor on a towage basis.

CUDDIHY v. POWER STEAMSHIP COMPANY, LTD., AND ANOTHER

[1961] 2 Lloyd's Rep. 36

Master and servant-Fellow-employees-Open hatch - Shipwright's fall through open hatch - Liability of shipowners and/or ship-repairers.

SIMON BROOKS, LTD. v. HEPBURN

[1961] 2 Lloyd's Rep. 43

All risks insurance - Location of risk - "Excluding larceny . . . in respect of shop portion of L. Ltd."-Whether referring to premises or persons.

FLOTA MARITIMA BROWNING DE CUBA, S.A. v. THE "CANADIAN CONQUEROR" AND OTHER VESSELS

[1961] 2 Lloyd's Rep. 46

International law - Sovereign immunity - State-owned vessels of commerce - Restrictive theory of sovereign immunity in Canada-Jurisdiction of Court.

CARTLEDGE AND OTHERS v. E. JOPLING & SONS, LTD.

[1961] 2 Lloyd's Rep. 61

Limitation of action - Pneumoconiosis - Ventilation of factory-Breach of duty by fettlers' employers causing pneumoconiosis -Dispute as to when cause of action accrued-Liability of employers-Factories Act, 1937, Sect. 4, 47.

BURKETT SHARP & CO. v. EASTCHEAP DRIED FRUIT COMPANY AND PERERA

[1961] 2 Lloyd's Rep. 80

Arbitration - Arbitrator - Revocation of appointment-Whether arbitrator refused to act, or refused to act in a particular manner-Arbitration Act, 1950, Sect. 7. Sale of goods-String contracts-Whether contracts not in identical terms were string contracts - General Produce Brokers' Association of London Rules and Conditions of Sale, Condition 9. Arbitration - Award - Validity - Appointment of sole arbitrator after revocation of appointment of arbitrator - Whether sole arbitrator entitled to his fees.

BAXTER v. THE ADMIRALTY

[1961] 2 Lloyd's Rep. 89

Master and servant-System of working- Supervision-Unnecessary risk-Exploding of charges underwater from ship-Firing officer injured in explosion - Whether explosion occurred inboard or outboard- Liability of employers.

TUCKER v. SCRUTTONS, LTD.

[1961] 2 Lloyd's Rep. 96

Master and servant - System of working - Occupational hazard-Gap between ramp and hatch coamings-Injury to stevedore during unloading of vessel - Liability of employers.

LIVERMORE v. J. RUSSELL & CO. AND PALM LINE, LTD.

[1961] 2 Lloyd's Rep. 100

Negligence-System of working-Unnecessary risk - Tightening propeller nut - Ship-repairers' employee struck by falling "C" spanner-Liability of ship-repairers and/or shipowners.

WILKINS v. THOS. & JNO. BROCKLEBANK, LTD.

[1961] 2 Lloyd's Rep. 110

Damages-Assessment-Personal injury claim by dock worker down graded to a "C" Book.

COMPAGNIE ALGERIENNE DE MEUNERIE v. KYPRIANOU

[1961] 2 Lloyd's Rep. 113

Sale of goods (c.i.f.) - Quality - Wheat - Bonuses and allowances to be made to seller and buyers - Construction of contract-Whether whole of provisions in French Decree applicable to contract- Meaning of "Vitreous: 65%"-Whether ivraie and scabious content to be considered in calculating bonuses under "Inert and foreign bodies" and under "Scabious and ivraie"-London Corn Trade Association Contract Forms Nos. 9 and 74.

F. T. EVERARD & SONS, LTD. v. LONDON AND THAMES HAVEN OIL WHARVES, LTD., AND OTHERS (THE "ANONITY")

[1961] 2 Lloyd's Rep. 117

Limitation of liability-Improper management of ship - Actual fault or privity - Jetty destroyed by fire owing to negligence of crew of vessel - Alleged inadequate instructions to extinguish galley fires while vessel lying at oil jetties-whether shipowners entitled to limit their liability.

THE "VERENA"

[1961] 2 Lloyd's Rep. 127

Collision-Fog-Speed-Vessel entering fog bank-Look-out-Radar-Improper speed of vessel in fog bank-"Close quarters situation"-Collision Regulations, 1954, Rule 16-M.O.T. Notice, No. M445.

JOHS. THODE v. VDA. DE GIMENO Y CIA. S.L. (THE "STEENDIEK")

[1961] 2 Lloyd's Rep. 138

Charter-party-Cancellation-Orders for loading port given before vessel reached order port-Whether amounting to waiver by charterers of vessel's obligation to arrive at order port before cancelling time- Effect on option to cancel-Effect of shipowners' prior failure to ask for orders.

SHAWINIGAN, LTD. v. VOKINS & CO., LTD.

[1961] 2 Lloyd's Rep. 153

London Lighterage Clause - Unseaworthy barge - Whether supplied recklessly - Meaning of "reckless".

GARLAND & FLEXMAN AND JOHN SUTCLIFFE & SON (GRIMSBY), LTD. v. BOROUGH OF WISBECH

[1961] 2 Lloyd's Rep. 165

Docks and ports-Cranes installed by harbour authority - Right of public to use of cranes - Harbours, Docks, and Piers Clauses Act, 1847, Sect. 22 - Wisbech Corporation Act, 1889, Sect. 30.

ATTORNEY-GENERAL OF CEYLON v. SCINDIA STEAM NAVIGATION COMPANY, LTD., INDIA

[1961] 2 Lloyd's Rep. 173

Bill of lading - Short delivery of cargo in bags-Onus of proof-Evidential value of bill of lading.

SOCIETE ANONYME HERSENT v. UNITED TOWING COMPANY, LTD., AND WHITE (THE "TRADESMAN")

[1961] 2 Lloyd's Rep. 183

Arbitration-Arbitration clause in contract- Motion for stay of action - Arbitration Act, 1950, Sect. 4.

MARINOS & FRANGOS, LTD. v. DULIEN STEEL PRODUCTS INC. OF WASHINGTON

[1961] 2 Lloyd's Rep. 192

Arbitration - Award - Jurisdiction of sole arbitrator-Award by sole arbitrator after death of one of two arbitrators appointed -Effect of Arbitration Act, 1950, on arbitration clause in charter-party requiring appointment of three arbitrators and the decision of any two of the three to be final-Arbitration Act, 1950, Sects. 7, 8, 9.

T.S.S. INVESTMENTS, LTD. v. COMMISSIONERS OF INLAND REVENUE FEATHER BROTHERS, LTD. v. SAME

[1961] 2 Lloyd's Rep. 197

Revenue-Profits tax-Gross relevant distributions -Grouping notice-Dividend paid in chargeable accounting period which was not an accounting period-Whether dividend to be apportioned over accounting period-Finance Act, 1947, Sects. 35, 37.

J. & J. CUNNINGHAM, LTD., AND CARDOSO FREIRE, LTDA. v. CODAN SHIPPING COMPANY, LTD., STEPHENS & WALKINGTON, LTD., A. E. SMITH COGGINS (BELFAST), LTD.

[1961] 2 Lloyd's Rep. 204

Bill of lading-"Liner terms"-Short delivery -Liability of shipowners and/or shipowners' agents and/or stevedores - Evidential value of bill of lading. Conversion-Short delivery of cargo received and loaded by stevedores as shipowners' agents - Whether stevedores acted in manner and with intention inconsistent with the rights of owners of cargo.

DINGWALL v. J. WHARTON (SHIPPING), LTD.

[1961] 2 Lloyd's Rep. 213

Negligence-Safe premises-Unloading bagged cargo of barley from hold of vessel- Stevedore struck by piece of china clay falling from ledge in hold - Liability of shipowners.

VERNON v. MORLAND STEVEDORING COMPANY, LTD.

[1961] 2 Lloyd's Rep. 219

Master and servant-Safe premises-Unloading of cargo from hold of vessel in dock -Injury to hatchman walking over pig iron on deck-Degree of risk compared with remedy-Liability of employers.

THE "EGRET"

[1961] 2 Lloyd's Rep. 224

Collision-River-Turning in river-Look-out -Tug and tow.

REPUBLIC OF CUBA v. FLOTA MARITIMA BROWNING DE CUBA, S.A. FLOTA MARITIMA BROWNING DE CUBA, S.A. v. THE "CANADIAN CONQUEROR" AND OTHER VESSELS

[1961] 2 Lloyd's Rep. 230

International law - Sovereign immunity - State-owned vessels of commerce - Action "in rem"-Restrictive theory of sovereign immunity in Canada-Jurisdiction of Court.

JOHNSON v. REA, LTD.

[1961] 2 Lloyd's Rep. 243

Negligence-Safe premises-Slippery floor in dock shed-Injury to lorry driver's mate carrying keg of chemicals-Condition of floor created by stevedores (not occupiers of shed)-Common interest of mate and stevedores-Stevedores and mate aware of condition of floor-Duty on stevedores to obviate risk - Alleged contributory negligence.

MIDLAND BANK, LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1961] 2 Lloyd's Rep. 251

Contract-Tender of documents by Bank to buyers-No payment by buyers-Sale of documents by buyers-Whether collection note was attached to documents which required buyers to pay for documents or return them, or that term was implied- Right of buyers to set-off in respect of sellers' breach of contract. Conversion-Sale of documents held in trust from Bank. Bailment-Whether handing of documents by Bank to buyers without obtaining payment terminated bailment and precluded Bank from suing buyers in conversion.

GARDANO & GIAMPIERI v. GREEK PETROLEUM GEORGE MAMIDAKIS & CO.

[1961] 2 Lloyd's Rep. 259

Carriage of goods-Damage to cargo-Right of consignees to claim under bill of lading against shipowners to exclusion of charterers. Sale of goods - Passing of property - Chartering of vessel by sellers to carry goods - Buyers named as consignees in bill of lading - Damage to goods in transit-Right of buyers to claim against shipowners to exclusion of sellers.

ATTORNEY-GENERAL v. CRAYFORD U.D.C.

[1961] 2 Lloyd's Rep. 267

Insurance - Collective insurance of tenants' effects - Whether effecting of insurance and collection of premiums "ultra vires" Local Government Council-Housing Act, 1957, Sect. 111.

RICH, PRECHA AND DARATSAKIS v. NAVIERA VACUBA, S/A., AND REPUBLIC OF CUBA MAYAN LINES, S/A. v. REPUBLIC OF CUBA, THE "BAHIA DE NIPE" AND OTHERS UNITED FRUIT SUGAR COMPANY v. 5000 TONS OF SUGAR (CARGO) (IN REM), AND ALBELLA (ACTING MASTER) (IN PERSONAM) NAVARRO, PARETS, MERCHAN, CARDONNE, BARRAZA, ALVAREZ, MAYORDOMO, TOCORONTE, MAZOLA, AMARANTE AND LEYVA v. THE "BAHIA DE NIPE" (THE "BAHIA DE NIPE")

[1961] 2 Lloyd's Rep. 273

International law-Sovereign immunity-State-owned property. Procedure - Service of U.S. Court's process prevented by U.S. Coast Guard-Excess of authority.

JAMES LAING, SON & CO. (M/C.), LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1961] 2 Lloyd's Rep. 277

Arbitration - Arbitrators - Jurisdiction - Invoicing back-Motion to set aside or remit award in which arbitrators determined invoicing-back price and damages - Alleged excess of jurisdiction by arbitrators - General Produce Brokers' Association of London Conditions, Condition 33(a).

THE "GILDA"

[1961] 2 Lloyd's Rep. 286

Collision - Speeds - Vessel manoeuvring in approaches to Suez Canal-Bad look-out.

HITCHCOCK v. VOKINS & CO., LTD.

[1961] 2 Lloyd's Rep. 293

Master and servant-Fellow-employee-Alleged negligent navigation of motor launch in dock-Injury to lighterman when he fell overboard-Liability of employers.

MOYLE v. SOUTHERN ELECTRICITY BOARD

[1961] 2 Lloyd's Rep. 298

Negligence - Electricity - Injury to man handling kite when wire attached to kite touched high-tension overhead cable - Alleged inadequate tripping device - Whether sufficient warning of danger given by electricity authority.

DECCA RADAR, LTD. v. CASERITE, LTD.; CARLTON ART METAL WORKS (THIRD PARTIES)

[1961] 2 Lloyd's Rep. 301

Sale of goods-Fitness for purpose-Defective lug on packing case-Misuse by stevedores resulting in damage to contents of case- Liability of packing case suppliers - Liability of lug manufacturers.

J. FREIMULLER (SHIPS STORES), LTD. v. OCEAN CARRIERS (LONDON), LTD.

[1961] 2 Lloyd's Rep. 309

Sale of goods - Ship's stores - Payment - Whether company ordered stores as ship's agents or as shipowners - Liability of company.

COMMISSIONER OF INLAND REVENUE v. FOUR SEAS COMPANY, LTD.

[1961] 2 Lloyd's Rep. 321

Revenue - Profits tax (Hongkong) - Partnership assessed to profits tax - Whether corporation (a partner) entitled to set off its trading losses as a corporation against its profits as a partner-Inland Revenue Ordinance of Hongkong (cap. 112 of Revised Edition, 1950, as amended in 1956 Reprint).

MASH & MURRELL, LTD. v. JOSEPH I. EMANUEL. LTD.

[1961] 2 Lloyd's Rep. 326

Sale of goods (c. & f.)-Merchantable quality- Fitness - Arrival of potatoes in unmerchantable condition - Alleged implied term that goods should arrive sound after normal voyage-Whether voyage was a normal voyage.

THE "YOLANDA BARBARA" (OWNERS) v. MASTERTON FINANCE & TRADING SERVICES, LTD. (THE "YOLANDA BARBARA")

[1961] 2 Lloyd's Rep. 337

Admiralty practice-Ship's mortgage redeemed - Motion by mortgagors (shipowners) under R.S.C., Order 27, r. 11.

BUTCHER v. SOUTH AMERICAN SAINT LINE, LTD., AND ANOTHER

[1961] 2 Lloyd's Rep. 340

Negligence-Safe premises-Hatch covers- Dock worker standing on hatch cover- Fall into hold - Liability of shipowners and/or employers-Docks Regulations, 1934, Regulations 14, 15.

A. F. COLVERD & CO., LTD. v. ANGLO OVERSEAS TRANSPORT COMPANY, LTD., AND POPE & SONS

[1961] 2 Lloyd's Rep. 352

Forwarding agents-Loss of goods in transit- Goods carried in hired van - Van and goods stolen owing to negligence of driver -Whether forwarding agents entitled to exemption under conditions of carriage- Whether forwarding agents vicariously responsible for driver's acts - Standard Trading Conditions of the Institute of Shipping and Forwarding Agents.

MIDLAND SILICONES, LTD. v. SCRUTTONS, LTD.

[1961] 2 Lloyd's Rep. 365

Bill of lading-Damage to cargo after discharge -Negligence of stevedores-Bills of lading incorporating U.S. Carriage of Goods by Sea Act, 1936, and limiting carriers' liability to 500 dols. per package - Whether stevedores protected. Stevedores - Negligence - Damage to cargo after discharge-Claim by cargo-owners- Whether stevedores entitled to protection of bill of lading. Negligence - Whether tortfeasor entitled to benefit of contract between injured party and third party. Practice-"Ratio decidendi" of House of Lords.

ROBERT STEWART & SONS, LTD. v. CARAPANAYOTI & CO., LTD.

[1961] 2 Lloyd's Rep. 387

Arbitration-Award-Motion to set aside- Whether arbitrators had included a penalty in their award - Rules and Conditions of Sale of the General Produce Brokers' Association of London, Condition 33 (a). Contract - Whether clause constituted a penalty or provided for compensation. London General Produce Brokers' Association -Rules and Conditions of Sale, Condition 33 (a) - Whether clause imposed penalty. Sale of goods-Invoicing back-Whether Condition 33 (a) of Rules and Conditions of Sale of General Produce Brokers' Association of London imposed a penalty.

GIACOMO COSTA FU ANDREA v. BRITISH ITALIAN TRADING COMPANY, LTD.

[1961] 2 Lloyd's Rep. 392

Arbitration-Award-Motion to set aside- Alleged misconduct of umpire - Advice taken from solicitors after hearing - Whether forming basis of award-Alleged error of law in award and solicitors' letter - Incorporated Oil Seed Association Contract Form No. 78.

JACK KILBERG, ADMR. v. NORTHEAST AIRLINES, INC.*

[1961] 2 Lloyd's Rep. 406

Contract-Carriage by air-Death of passenger -Right of administrator to sue carrier in contract under New York law. Carriage by air-Death of passenger-Right of administrator to sue carrier in contract under New York law-Right of administrator to sue in tort - Whether "quantum" of damages limited by wrongful death statute of State where crash occurred or of State where contract of carriage was made and passenger resided. Conflict of laws-Tort-Whether "quantum" of damages limited by "lex loci delicti" or "lex fori".

NAVIGATORS & GENERAL INSURANCE COMPANY, LTD. v. RINGROSE

[1961] 2 Lloyd's Rep. 415

Marine insurance-Dinghy insurance policy- Catamaran covered "whilst within the United Kingdom"-Casualty on voyage from England to Channel Islands - Whether casualty occurred within United Kingdom.

G. MEREL & CO., LTD. v. CHESSHER

[1961] 2 Lloyd's Rep. 419

Wharfingers - Bailment - Conversion - Loss of timber at wharf - Liability of wharfingers.

HUNT & WINTERBOTHAM (WEST OF ENGLAND), LTD. v. B.R.S. (PARCELS), LTD.

[1961] 2 Lloyd's Rep. 422

Carriage of goods-Goods lost in transit- Whether carriers entitled to limit liability under contract - Onus of proof as to breach of contract-Pleadings. Practice-Effect of conditional grant of leave to appeal to House of Lords.

THE "GUNNAR KNUDSEN"

[1961] 2 Lloyd's Rep. 433

Collision - Fog - Radar - Excessive speed - Alteration of course-Whether ascertainment of distance and bearing of other vessel was sufficient to exempt vessel from compliance with Rule 16 (b) of Collision Regulations, 1954.

HARDING v. ELLERMAN'S WILSON LINE, LTD.

[1961] 2 Lloyd's Rep. 441

Master and servant - System of working - Seaman removing rubbish from hold of vessel in dock - Fall down ladder - Alleged failure by shipowners to provide rope to raise rubbish - Contributory negligence.

MACRAE v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1961] 2 Lloyd's Rep. 445

Master and servant - Safe premises - Ship's deck-Lighting-Hawser across deck- Deck-hand's fall at night - Liability of shipowners.

T. D. KEEGAN, LTD. v. PALMER

[1961] 2 Lloyd's Rep. 449

Money had and received-Payment to obtain goods unlawfully detained - Whether payment made voluntarily - Liability of agent for moneys obtained for company by agent using duress.

FISHER v. PORT OF LONDON AUTHORITY AND PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY

[1961] 2 Lloyd's Rep. 460

Factories Act, 1937-Stairs in dock shed in defective condition-Injury to tally clerk -Liability of dock authority and/or of employers under Factories Act, 1937, and/or at common law - Sect. 25 - Whether transit shed was a "warehouse".

PATHAK v. JAMES NOURSE, LTD.

[1961] 2 Lloyd's Rep. 467

Practice - Pleadings - Amendment - Whether setting up fresh cause of action at a time when it was statute barred- Whether indorsement on writ covered cause of action. Master and servant-Vessel manoeuvring from quay-Deck-hand injured by rope running out - Negligent handling of vessel - Liability of shipowners-Alleged inevitable accident.

HONGKONG FIR SHIPPING COMPANY, LTD. v. KAWASAKI KISEN KAISHA, LTD. (THE "HONGKONG FIR")

[1961] 2 Lloyd's Rep. 478

Charter-party - Unseaworthiness - Crew - Frustration-Repudiation of time charter by charterers-Alleged failure to deliver and maintain seaworthy vessel-Allegation that vessel was incapable of charter speed -Whether unseaworthiness gave charterers right to rescind-Whether frustration depended on time taken to make vessel seaworthy amounting to a "frustrating time" or exceeding a reasonable time-Consideration of stipulations in contracts.

NIARCHOS (LONDON), LTD. v. SHELL TANKERS, LTD.

[1961] 2 Lloyd's Rep. 496

Charter-party-Tonnage agreement-Substitution -Loss of vessel while under charter- Whether shipowners entitled to substitute another vessel - Right of shipowners to substitute one vessel for two vessels - Extent of charterers' right to disapprove substitute vessel.

EBRAHIM DAWOOD, LTD. v. HEATH (EST. 1927), LTD.; DALAL (LONDON), LTD., THIRD PARTY OOSMAN AND OTHERS v. HEATH (EST. 1927), LTD.; DALAL (LONDON), LTD., THIRD PARTY

[1961] 2 Lloyd's Rep. 512

Sale of goods (c.i.f.)-Mixed goods-50 tons of galvanized steel sheets "assorted equal tonnage per size"-Delivery of 50 tons of one size - Retention of contract quantity of that size - Rejection of remainder-Whether term was condition or warranty-Whether buyers' remedy, if any, in damages or in recovery of money paid on consideration which had wholly failed-Sale of Goods Act, 1893, Sect. 30.

SMITH BROTHERS (HULL), LTD. v. GOSTA JACOBSSON & CO.

[1961] 2 Lloyd's Rep. 522

Sale of goods - Description - Timber not marked in accordance with contract - Rejection - Damages - Whether clause fixing "liquidated damages" for nondelivery was a penalty clause - Timber Trade Federation "Albis, 1959" contract.

Lloyd's Law Reports