i-law.com

THE "BRITISH TENACITY"

[1963] 2 Lloyd's Rep 1

Collision - Fog - Narrow channel - Vessels approaching end on - Radar - Excessive speed - Look-out - Deterioration in visibility not appreciated.

DEMOLITION & CONSTRUCTION COMPANY, LTD. v. KENT RIVER BOARD

[1963] 2 Lloyd's Rep 7

Arbitration - Award - Motion to remit - Alleged misconduct of arbitrator and error of law on face of award - Alleged dismissal of counterclaim without evidence; inconsistency; and injudicious exercise of discretion as to costs.

WILLIAMS v. HARLAND & WOLFF, LTD.

[1963] 2 Lloyd's Rep 16

Master and servant-Safe premises-Defective floor - Injury to plater - Liability of employers-Factories Act, 1937, Sects. 25 (1), 26 (1)-Factories Act, 1959, Sect. 5.

BLANDY BROTHERS & CO., LDA. v. NELLO SIMONI, LTD.

[1963] 2 Lloyd's Rep 24

Agency - Ship's agent acting for shipowners and charterers - F.i.o.s. charter-party - Whether paying of loading and stowage charges on account of charterers within agent's authority-Right of ship's agent to commission from charterers and shipowners.

CLARKE v. NATIONAL INSURANCE AND GUARANTEE CORPORATION, LTD.

[1963] 2 Lloyd's Rep 35

Motor insurance-"Unsafe or unroadworthy conditions" - Overloading - Four-seater car, carrying 9 persons, involved in accident-Denial of liability by insurers- Whether car being driven in an unsafe or unroadworthy condition.

MURPHY v. WILLIAM HENDERSON & SONS, LTD.; McBRIDE v. SAME

[1963] 2 Lloyd's Rep 43

Occupiers' Liability Act, 1957-Duty of care- Fire in department store-Death of workmen -Alleged breach of duty-Whether breach of duty caused deaths-Liability of store-owners.

CHANDRIS v. ARGO INSURANCE COMPANY, LTD.; AXE INSURANCE COMPANY, LTD.; AND OCEANIC & MEDITERRANEAN INSURANCE COMPANY, LTD. CHANDRIS v. SAME NOVOCASTRIA SHIPPING COMPANY, LTD. v. SAME THESEUS SHIPPING COMPANY, S.A. v. SAME CHARLTON STEAMSHIP COMPANY, LTD. v. SAME

[1963] 2 Lloyd's Rep 65

Marine insurance - Limitation of action - General and particular average losses - Date of accrual of cause of action against insurers-Alleged implied term that time should not run or that time should not begin to run until issuing of average adjustment - Meaning of "cause of action" - Institute Time Clauses, Hulls, Clause 8-York-Antwerp Rules, 1924- Marine Insurance Act, 1906, Sect. 66.

STAFFORD COAL AND IRON COMPANY, LTD. v. BROGAN (H.M. INSPECTOR OF TAXES) STAFFORD COAL AND IRON COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE

[1963] 2 Lloyd's Rep 83

Revenue-Income tax-Distribution of surplus assets of mutual insurance company between members on winding up - Whether sums received by members were trading or capital receipts.

HENRY v. MERSEY PORTS STEVEDORING COMPANY, LTD., AND JOHS. PRESTHUS REDERI SHIPPING COMPANY

[1963] 2 Lloyd's Rep 97

Docks Regulations, 1934-Hatch unguarded- Lighting - Injury to dock worker falling into hold through open hatch - Liability of employers and/or shipowners-Allegation that dock worker was a trespasser- Duties-Regulations 12, 37, 50.

FIDELITAS SHIPPING COMPANY, LTD. v. V/O EXPORTCHLEB

[1963] 2 Lloyd's Rep 113

Charter-party-Cesser clause-Whether bill of lading gave shipowners lien for full amount of demurrage incurred at port of loading -Liability of charterers for demurrage- Meaning of "as per Charter Party".

THE "LEOBORG"

[1963] 2 Lloyd's Rep 128

Seaman - Master - Wages - Swedish shipmasters' agreement.

KING (or FIEHL) v. CHAMBERS & NEWMAN (INSURANCE BROKERS), LTD.

[1963] 2 Lloyd's Rep 130

Insurance brokers - Policy terms - Alleged failure by brokers to effect All Risks policy according to instructions-Loss not covered by policy-Liability of brokers to assured.

POLAND v. KENNEDY

[1963] 2 Lloyd's Rep 139

Practice-Pleadings-Joinder of defendant- Amendment of statement of claim-Cause of action giving defendant right to trial by Jury in another Division of High Court.

THE "CARMANIA II"

[1963] 2 Lloyd's Rep 152

Admiralty Court - Jurisdiction - Motion for judgment in default of appearance and order for appraisement and sale-Whether person ordering repairs was owner of vessel at that time - Administration of Justice Act, 1956, Sect. 3 (4). Repairs to ship-Non-payment-Motion for judgment by ship-repairers and for order for appraisement and sale-Doubt as to status of person ordering repairs - Jurisdiction of Court.

OCEAN TRAMP TANKERS CORPORATION v. V/O SOVFRACHT

[1963] 2 Lloyd's Rep 155

Charter-party-Frustration-Suez Canal crisis - Vessel trapped in Canal - Whether charterers in breach in sending vessel through Canal-Construction of charter-party - Whether voyage round Cape of Good Hope a fundamentally different adventure.

COMPAGNIE FINANCIERE POUR LE COMMERCE EXTERIEUR, S.A. v. OY. VEHNA A.B.

[1963] 2 Lloyd's Rep 178

Arbitration - Award - Motion to remit - Whether Appeal Committee consulted as to last minute request by one party for postponement of publication of award and opportunity to adduce further evidence- Supervisory discretion of Court. Practice - Arbitration award - Supervisory discretion of Court to remit award. Arbitration - Award - Alleged misconduct - Whether award should deal separately with claim and counterclaim.

WATERS v. FURNESS, WITHY & CO., LTD., AND FIRMA GUSTAF ERIKSON MARIEHAMNS REDERI-A/B

[1963] 2 Lloyd's Rep 183

Negligence - Occupational hazard - Duty of care - Injury to stevedore while passing stack of dunnage on deck - Liability of employers and/or shipowners.

DARBISHIRE v. WARRAN

[1963] 2 Lloyd's Rep 187

Damages - Measure of damages - Damage to motor car-Repair costs exceeding pre-accident value - Whether reasonable to repair-Duty to mitigate.

MAWSON v. UNILEVER (MERSEYSIDE), LTD.

[1963] 2 Lloyd's Rep 198

Master and servant - Unnecessary risk - Occupational hazard-Slippery "floor"- Injury to dock worker while working in hold of vessel in rain - Liability of employers.

PACIFIC QUEEN FISHERIES, ET AL. v. L. SYMES, ET AL. (THE "PACIFIC QUEEN")

[1963] 2 Lloyd's Rep 201

Marine insurance - Non-disclosure - Unseaworthiness (time policy)-Lack of due diligence (Inchmaree Clause)-Unlawful adventure-Constructive total loss of vessel-Liability of insurers. United States-Practice-Limitation of action -Several appellees-Whether contractual time bar raised by one appellee barred action against that appellee-Right to Jury trial.

BLUEWATERS, INC. v. BOAG ET AL.

[1963] 2 Lloyd's Rep 218

Marine insurance-Hull policies for total loss only-American Institute Time clauses (Hulls) attached - Whether policies included collision coverage embodied in Time clauses-Meaning of "in so far as applicable"-Whether ambiguity.

UNION OF INDIA v. N.V. REEDERIJ AMSTERDAM

[1963] 2 Lloyd's Rep 223

Unseaworthiness - Due diligence - Reduction gear breakdown - Vessel unable to complete voyage - Liability of operators of vessel - Liability of consignees under bill of lading to contribute in general average - Whether operators of vessel exercised due diligence to ensure her seaworthiness-U.S. Carriage of Goods by Sea Act, 1936, Sect. 4 (1).

ROLIMPEX CENTRALA HANDLU ZAGRANICZNEGO, WILLY BRUNS, AND R. KAMSTRA (HULL), LTD. v. THE "PRINS BERNHARD" (OWNERS) (THE "PRINS BERNHARD")

[1963] 2 Lloyd's Rep 236

Practice-Writ-Renewal. Admiralty practice-Writ-Service.

CONNELL v. HELLYER BROTHERS, LTD.

[1963] 2 Lloyd's Rep 249

Master and servant-Unnecessary risk-Injury to trawler hand in heavy sea-Negligence of skipper-Liability of ship managers.

MOORE v. TOYO KAIUN KABUSHIKI KAISHA

[1963] 2 Lloyd's Rep 255

Damages-Assessment-Personal injuries claim -Functional overlay.

WALKER v. T. WALLIS, LTD.

[1963] 2 Lloyd's Rep 258

Master and servant - Unnecessary risk - Alleged defective stacker board-Injury to stevedore-Liability of employers-Onus of proof.

TUFFIN v. PORT OF LONDON AUTHORITY AND FRUIT LINES, LTD.

[1963] 2 Lloyd's Rep 263

Negligence-Safe premises-Alleged defective cat-walk-Injury to crane-driver-Liability of crane owners and/or employers.

THE "LEOBORG" (No. 2)

[1963] 2 Lloyd's Rep 268

Admiralty practice - Payment out despite existing reservation of priorities. -Claims against vessel-Expedition.

MATHESON & CO., LTD. v. A. TABAH & SONS

[1963] 2 Lloyd's Rep 270

Arbitration - Costs - Successful claimant deprived of costs-Motion to set aside or remit award as to costs-Alleged failure to exercise judicial discretion.

F. S. STOWELL, LTD. v. NICHOLLS & CO. (BRIGHTON), LTD.

[1963] 2 Lloyd's Rep 275

Contract-Conditions of carriage-Limitation of carriers' liability to "£200 per ton of their gross weight" - Construction of limitation condition.

PRESIDENT OF INDIA v. WEST COAST STEAMSHIP COMPANY (THE "PORTLAND TRADER")

[1963] 2 Lloyd's Rep 278

Unseaworthiness - "Due diligence to . . . properly man, equip, and supply the ship" -Absence of radar and loran-Dangerous waters-Failure to safeguard cargo after casualty-Negligence of master-Sea-water damage to cargo-Claim by cargo-owners -Liability of shipowners - U.S. Carriage of Goods by Sea Act, 1936. Carriage by sea - Negligence of master - Liability of shipowner.

BABCOCK v. JACKSON

[1963] 2 Lloyd's Rep 286

Conflict of laws-Tort-Foreign tort-Choice of law-Whether "lex loci delicti" invariably governed rights and liabilities arising from tortious act - Applicability of "grouping of contacts" doctrine to torts.

SADLER BROTHERS COMPANY v. MEREDITH

[1963] 2 Lloyd's Rep 293

Insurance-Goods in transit policy-Stealing of parked van containing cleaning equipment - Whether equipment lost "in transit".

PATTERSON v. FLOWER LINE, LTD.

[1963] 2 Lloyd's Rep 310

Master and servant-Unnecessary risk-Injury to ship's cook while cracking bone - Liability of employers.

MAHONEY v. HAY'S WHARF, LTD.

[1963] 2 Lloyd's Rep 312

Master and servant - Fellow-employee - Slippery floor - Injury to checker on loading bank - Liability of employers - Contributory negligence.

DAVID CRYSTAL, INC. v. CUNARD STEAM-SHIP COMPANY, LTD.; JOHN T. CLARK & SON; AND PENSON & CO.

[1963] 2 Lloyd's Rep 315

Carriage by sea - Misdelivery - Liability of carrier (as warehouseman) and/or stevedore (terminal operator) and/or Customs broker to owner of goods.

TERSONS, LTD. v. STEVENAGE DEVELOPMENT CORPORATION

[1963] 2 Lloyd's Rep 333

Arbitration-Award in form of special case- Evidence-Whether transcript of evidence should have been appended to special case -Duty of arbitrator when asked to state as question of law whether there was any evidence justifying conclusion of fact. Civil Engineering Construction General Conditions -Construction of Clauses 51 and 52. Contract - Payment for additional work - Whether notice given within terms of contract. "Contra proferentem" doctrine - Applicability to standard contract.

THE "WEST BREEZE"

[1963] 2 Lloyd's Rep 371

Collision - River - Vessel entering channel - Duty to hold back - Excessive speed - River Scheldt Rules, Art. 34 (6). Collision-River-Starboard-side rule-Duty to take steps to avoid collision with vessel entering channel.

PRACTICE DIRECTION

[1963] 2 Lloyd's Rep 379

Appeals to the House of Lords-Judgments.

OCEAN TRAMP TANKERS CORPORATION v. V/O SOVFRACHT

[1963] 2 Lloyd's Rep 381

Charter-party-Frustration-Suez Canal crisis - Vessel trapped in Canal - Whether charterers in breach in sending vessel through Canal-Construction of charter-party - Whether voyage round Cape of Good Hope a fundamentally different adventure.

BLANDY BROTHERS & CO., LDA. v. NELLO SIMONI, LTD.

[1963] 2 Lloyd's Rep 393

Agency - Ship's agent acting for shipowners and charterers - F.i.o.s. charter-party - Whether paying of loading and stowage charges on account of charterers within agent's authority - Right of ship's agent to commission from charterers and shipowners.

TRICE v. LONDON & ROCHESTER TRADING COMPANY, LTD. (THE "AVETTE")

[1963] 2 Lloyd's Rep 405

Master and servant-Fellow-employee-Alleged negligent navigation of tug and tow (barge), causing injury to lighterman - Liability of employers.

THE "CORFU"

[1963] 2 Lloyd's Rep 409

Collision-Anchored vessel-Duty on vessels weighing anchor.

McINNES v. NATIONAL MOTOR AND ACCIDENT INSURANCE UNION, LTD.

[1963] 2 Lloyd's Rep 415

Motor insurance-Policy term requiring assured to "maintain vehicle in efficient condition" - Whether too indefinite to be enforceable.

FREE LANKA INSURANCE COMPANY, LTD. v. RANASINGHE

[1963] 2 Lloyd's Rep 419

Ceylon-Practice-Survival of rights acquired under Ordinance repealed by Act in similar terms - No provisions in Act preserving right - Ceylon Motor Car Ordinance No. 45 of 1938-Ceylon Motor Traffic Act, No. 14 of 1951 - Ceylon Interpretation Ordinance of 1901. Ceylon - Motor insurance - Limitation of liability of insurers to third parties.

THE "BRAMLEY MOORE"

[1963] 2 Lloyd's Rep 429

Limitation of liability - Tug and tow in different ownership-Collision damage- Whether tug-owners entitled to limit their liability on tonnage of tug alone or on combined tonnage of tug and tow.

SMITH v. RALPH

[1963] 2 Lloyd's Rep 439

Road Traffic Act, 1960 - Third-party risks - Certificate covering any person driving on policyholder's order or with his permission - Whether permission of policyholder continued after sale of vehicle.

THE "LEOBORG" (No. 2)

[1963] 2 Lloyd's Rep 441

Admiralty practice - Payment out of Court - Default action-Priorities. Admiralty practice - Payment out of Court - Expedition.

WM. CORY & SON, LTD. v. COMMISSIONERS OF INLAND REVENUE

[1963] 2 Lloyd's Rep 446

Revenue-Stamp duty-Conveyance or transfer on sale-Transfer of shares under option agreement before exercise of option - Whether transfers chargeable for stamp duty as conveyances on sale - Whether option agreement a contract for sale - Stamp Act, 1891, Sects. 54, 59-Meaning of "on".

DORLING v. HONNOR MARINE, LTD.

[1963] 2 Lloyd's Rep 455

Copyright-Infringement-Plans of boat-Sale of boats and parts of boats - Registered Designs Act, 1949, Sects. 1, 7-Copyright Act, 1956, Sects. 9 (8), 10.

JENNINGS v. J. MARR & SON, LTD. (THE "BRUCELLA")

[1963] 2 Lloyd's Rep 474

Damages - Assessment - Personal injuries claim.

COMPANIA COLOMBIANA DE SEGUROS v. PACIFIC STEAM NAVIGATION COMPANY EMPRESA DE TELEFONOS DE BOGOTA v. SAME

[1963] 2 Lloyd's Rep 479

Assignment-"Chose" in action-Assignment by assured to insurers of his rights against contract breaker - Whether insurers entitled to sue contract breaker in their own name. Carriage of goods by sea-Limitation of action -Goods delivered damaged - Whether action brought in New York Courts within one year of delivery enabled fresh action to be brought in English Courts more than one year after delivery - Whether action brought by wrong party was "suit brought" within Carriage of Goods by Sea Act, 1924, Art. III, r. 6.

NATIONAL GYPSUM COMPANY, INC. v. NORTHERN SALES, LTD.

[1963] 2 Lloyd's Rep 499

Canada-Practice-Arbitration in New York clause in charter-party - Motion for dismissal or stay of proceedings in Canadian Court-Jurisdiction of Canadian Courts-Whether arbitration proceedings commenced in New York precluded proceedings in Canadian Courts.

Lloyd's Law Reports