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BARRATT BROS. (TAXIS), LTD. v. DAVIES; LICKISS (First Third Party); MILESTONE MOTOR POLICIES AT LLOYD'S (Second Third Party)

[1966] 2 Lloyd's Rep 1

Motor insurance-Notice of intended prosecution and summons not forwarded to insurers by assured-Insurers informed by police-Repudiation of liability by insurers -Whether insurers waived condition precedent-Whether insurers could compel assured to have insurers' solicitors.

THE "FAIRPORT" (NO. 2)

[1966] 2 Lloyd's Rep 7

Admiralty practice-Wages claims-Whether wages after issue of writ in rein were recoverable by action (and not as part of costs).

STAR INTERNATIONAL HONG KONG (U.K.), LTD. v. BERGBAU-HANDEL, G.M.B.H.

[1966] 2 Lloyd's Rep 16

Arbitration-Procedure-Award made without a hearing-Whether amounting to misconduct by sole arbitrator.

MASON v. EMDER DAMPFERCOMPAGNIE A.-G. AND ANTWERP STEAMSHIP COMPANY, LTD.

[1966] 2 Lloyd's Rep 20

Negligence-Safe premises-Defective hatch board-Injury to stevedore-Liability of shipowners and/or employers-Occupiers' Liability Act, 1957-Docks Regulations, 1934, Regulations 15, 37 (b).

LONDON AND THAMES HAVEN OIL WHARVES, LTD. v. ATTWOOL (H.M.I.T.)

[1966] 2 Lloyd's Rep 28

Revenue-Income tax-Compensation for loss of use of jetty-Whether assessable as trading profit.

GIBSON v. SKIBS A/S MARINA & ORKLA GRUBE A/B AND SMITH COGGINS, LTD.

[1966] 2 Lloyd's Rep 39

Negligence-Safe plant and appliances- Defective shackle (part of ship's gear)- Injury to stevedore-Shackle examined by independent contractors and inspected by ship's officer-Extent of shipowners' common-law duty-Whether duty on stevedore's employers to examine shackle-Occupiers' Liability Act, 1957, Sect. 2 (4) (b). Docks Regulations, 1934-Ship's gear-Defective shackle-Injury to stevedore-Regulation 19 (c)-Meaning of "inspected"; "competent person"-Liability of shipowners.

COWEY v. LIBERIAN OPERATIONS, LTD.

[1966] 2 Lloyd's Rep 45

Master and servant-Contract of employment -Wrongful dismissal-Insufficient notice- Alleged variation of terms of contract- Alleged estoppel by conduct.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 51

Avoidance of delay in the hearing of contested infants cases.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 52

Filing of affidavits.

ALBACORA S.R.L. v. WESTCOTT & LAURANCE LINE, LTD.

[1966] 2 Lloyd's Rep 53

Carriage by sea-". . . properly and carefully . . . carry"-Inherent vice-Latent defect in cargo - Negligence - Onus of proof - Inevitable damage to cargo of fish by "reddening"-Liability of shipowners- Carriage of Goods by Sea Act, 1924, Schedule, Art. III, r. 2, Art. IV, r. 2 (m), (p)-Meaning of "properly"-Damages- Proof of damage. Practice-Departure from pleaded case- Timeous objection necessary by other party.

GOLDMAN v. HARGRAVE AND OTHERS

[1966] 2 Lloyd's Rep 65

Negligence-Fire-Tree struck by lightning- Damage to neighbours' property-Duty on tree owner to extinguish fire-Liability of tree owner-Fires Prevention (Metropolis) Act, 1774, Sect. 86.

GLOBAL DRESS COMPANY, LTD. v. W. H. BOASE & CO., LTD.

[1966] 2 Lloyd's Rep 72

Bailment-Loss of goods in custody of master porters-Negligence of watchman-Duty to take reasonable care-Onus of proof- Liability of master porters. Negligence-Loss of goods in custody of master potters-Negligence of watchman- Vicarious liability of master porters.

THE "SANTANDER"

[1966] 2 Lloyd's Rep 77

Collision-River-Vessel crossing river from anchorage-Excessive speed of approaching vessel-Look-out-Whether vessel crossing at improper time-Alleged practice for vessels to pass to westward of vessels manoeuvring to enter Brunswick Dock- Collision Regulations, 1954, Rule 25 (starboard side rule).

BARCLAYS BANK, LTD. v. OKENARHE

[1966] 2 Lloyd's Rep 87

Banking-Combination of accounts.

A. & W. HEMPHILL, LTD. v. WILLIAMS

[1966] 2 Lloyd's Rep 101

Master and servant-Negligence of servant- Scope of employment-Vicarious liability of employers of lorry driver who deviated from route-Injury to passenger in lorry- Liability of employers. Negligence-Scope of employment-Vicarious liability of employers of lorry driver- Injury to passenger after lorry had deviated -Negligence of driver-Liability of employers.

ROSELODGE, LTD. ( FORMERLY "ROSE" DIAMOND PRODUCTS, LTD.) v. CASTLE

[1966] 2 Lloyd's Rep 105

Practice-Pleadings-Amendment during trial -Alleged "fishing" or "speculative" amendments-Appeal against Court's refusal to allow amendment.

-Particulars of facts-Allegation of knowledge-Discretion of Court to order party to serve particulars of facts on which he relied-R.S.C., Order 18, r. 12.

ROSELODGE, LTD. ( FORMERLY"ROSE" DIAMOND PRODUCTS, LTD.) v. CASTLE

[1966] 2 Lloyd's Rep 113

Insurance-Non-disclosure-Jewellers' Block Policy-Assured robbed of diamonds- Prior conviction of director of assured and of assured's employee not disclosed-Duty on assured to disclose-Materiality-Waiver -Whether policy voidable.

-Loss under all-risks policy not admitted in pleadings by insurers-Effect of such pleading.

Practice-Pleadings-Strict proof-Effect of defendant insurer's not admitting alleged robbery.

LEAROYD BROS. & CO. AND HUDDERSFIELD FINE WORSTEDS, LTD. v. POPE & SONS (DOCK CARRIERS), LTD.

[1966] 2 Lloyd's Rep 142

Carriage of goods-Road carriers-Loss of goods when carriers' sub-contractors' lorry was stolen-Negligence of sub-contractors and their driver-Liability of sub-contractors. Bailment-Sub-bailees' liability to bailor for loss of goods from lorry.

NOTICE

[1966] 2 Lloyd's Rep 151

Judicial Precedent.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 151

Standing Order No. 1.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 152

Wardship applications.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 152

Infant matters.

ASTELL v. LONDON TRANSPORT BOARD

[1966] 2 Lloyd's Rep 153

Building (Safety, Health and Welfare) Regulations, 1948-Guard-rails on stairs- Meaning of "suitable guard-rails"- Whether effective physical barrier necessary -Regulation 27 (2) (a).

COLT INDUSTRIES, INC. v. SARLIE

[1966] 2 Lloyd's Rep 163

Practice-Foreign judgment-Whether final and conclusive.

METALS & ROPES COMPANY, LTD. v. TATTERSALL

[1966] 2 Lloyd's Rep 166

Practice-Delivery up of goods order-No step taken by defendant-Writ of execution for value of goods-Whether defendant required to take steps to deliver up goods.

THE "WINDWARD ISLANDS"

[1966] 2 Lloyd's Rep 169

Negligence - Anchored vessel - Whether submarine pipe-line fouled and damaged by anchor-Onus of proof.

CATHAY PACIFIC AIRWAYS, LTD. v. NATION LIFE & GENERAL ASSURANCE COMPANY LTD.

[1966] 2 Lloyd's Rep 179

Insurance-Aircrew disablement insurance- "Permanent total disablement"-Pilot assessed as unfit due to diabetic condition -Liability of insurers.

GILBERTSON v. HARLAND & WOLFF, LTD.

[1966] 2 Lloyd's Rep 190

Damages-Assessment-Fatal injuries claim.

LEESH RIVER TEA COMPANY, LTD., AND OTHERS v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD. (THE "CHYEBASSA")

[1966] 2 Lloyd's Rep 193

Carriage by sea-Damage to cargo by sea-water owing to stevedores stealing storm valve cover plate at port of call-Liability of shipowners-Hague Rules, Art. III, rr. 1, 2; Art. IV, rr. 1, 2.

F. & G. SYKES (WESSEX), LTD. v. FINE FARE, LTD.

[1966] 2 Lloyd's Rep 205

Contract-Uncertainty-Contractual quantity left for determination between parties-No agreement on quantity-Whether arbitration clause filled contractual lacuna or contract was terminated by operation of law.

-Breach-Assessment of damages- Determination of (i) period contract would have subsisted if not wrongfully repudiated and (ii) quantity of contractual goods upon which damages fell to be assessed.

METALS & ROPES COMPANY, LTD. v. FILIA COMPANIA LIMITADA ("THE VASTRIC")

[1966] 2 Lloyd's Rep 219

Charter-party-Demurrage-"Time lost in waiting for berth to count as discharging time"-Arrival of vessel after office hours -No berth available-Whether time ran from arrival or earliest time discharging time would have commenced if berth had been available.

BULL v. THAMES & GENERAL LIGHTERAGE, LTD.

[1966] 2 Lloyd's Rep 227

Negligence-Safe premises-Defective grating in barge-Injury to stevedore-Liability of barge-owners.

SMITH v. TAYLOR

[1966] 2 Lloyd's Rep 231

Limitation of liability-Bailee (car repairer)- Notice limiting liability-Loss of car by fire -Effect of notice on repairer's liability. Bailment-Loss by fire of car under repair- Onus of proof of negligence-Liability of repairer-Effect of notice limiting liability. Negligence-Loss by fire of car under repair -Onus of proof-Liability of repairer- Effect of notice limiting liability.

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 237

Admiralty Short Cause Rules.

THE "LUCILE BLOOMFIELD"

[1966] 2 Lloyd's Rep 239

Collision - Vessels picking up and dropping pilots - Look-out - Duty to make sound signals-Collision Regulations, 1954, Rule 28 - Meaning of "in sight".

THE "FAIRPORT" (No. 3)

[1966] 2 Lloyd's Rep 253

Admiralty practice-Seamen's wages-Whether contributions due to seamen's union and pension fund could be included in seamen's wages claim in action "in rem."

W. & M. WOOD (HAULAGE), LTD. v. REDPATH

[1966] 2 Lloyd's Rep 258

Evidence Act, 1938-Admissibility of statement by deceased driver of lorry involved in collision-Sect. 1 (3)-Whether "proceedings" included civil and criminal proceedings - Whether proceedings anticipated when statement made - Whether driver was "person interested". Negligence-Collision between lorry and car- No evidence suggesting one driver more to blame than the other. Costs-Both parties liable-Effect of legal aid.

NEWMAN v. NEDERLANDSCH-AMERIKAANSCHE STOOMVAART MAATSCHAPPIJ, N.V.

[1966] 2 Lloyd's Rep 266

Damages - Assessment - Personal injuries claim-Congenital condition which would incapacitate plaintiff.

REID v. JAMES SPENCER & CO. AND BURNS & LAIRD LINES, LTD.

[1966] 2 Lloyd's Rep 269

Docks Regulations, 1934-"Beams . . . shall be maintained in good condition"-Injury to dock worker during attempt to remove jammed hatch beam-Liability of shipowners -Regulation 15. Negligence-Unnecessary risk-Injury to dock worker during attempt to remove jammed hatch beam-Liability of employers and/or shipowners.

GARK v. STRAITS TOWING, LTD. AND SAYER (THE "BELIZE")

[1966] 2 Lloyd's Rep 277

Salvage-Contractual services-Alleged negligence of salvors-Liability of owners and/or master of salving vessel. Contract-Refloating services-Alleged negligence of tug-Liability of owners and/or master of tug.

PHOENIX DISTRIBUTORS, LTD. v. L. B. CLARKE (LONDON), LTD.; (CULLEN ALLEN & CO. (Third Parties))

[1966] 2 Lloyd's Rep 285

Sale of goods-Quality-Potatoes "suitable for Poland"-Whether express term; collateral oral warranty; or implied condition of suitability existed-Rebuttal of presumption that buyers relied on sellers' skill and judgment-Sale of Goods Act, 1893, Sect. 14 (1) (2).

PYE, LTD. v. B. G. TRANSPORT SERVICE, LTD.

[1966] 2 Lloyd's Rep 300

Carriage of goods-Loss in transit-Van left unattended and not immobilized-Liability of carriers-Effect of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Bailment-Loss of goods in transit-Negligence of carriers-Effect of terms of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Damages-Quantum-Effect of terms of illegal contract between bailors (sellers) and third party (buyers) on quantum of damages against bailees (carriers). Practice-Subrogated action-Lack of co-operation from assured-Effect on interest on judgment and costs. Costs-Delays by successful plaintiffs in providing information-Effect.

NORTHERN SALES, LTD. v. THE "GIANCARLO ZETA" (THE "GIANCARLO ZETA")

[1966] 2 Lloyd's Rep 317

Charter-party-Freight contract-"10,000 tons more or less quantity at owners' option"- -"Vessel has 611,000 cft. bale . . . available under deck"-Meaning of those terms -Right of owners to stop loading of cargo before all space filled.

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

[1966] 2 Lloyd's Rep 328

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.

H. W. TARONI (METALS), LTD. v. METALS & ROPES COMPANY, LTD.

[1966] 2 Lloyd's Rep 333

Practice-Order 14 proceedings-Conditional leave to defend-Appeal.

WHEELER v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1966] 2 Lloyd's Rep 335

Master and servant-Unnecessary risk-Injury to dock worker's hand while replacing hatch covers-Liability of employers. Damages-Assessment-Personal injuries claim -Failure by plaintiff to try to do full work -Effect.

MORESK CLEANERS, LTD. v. HICKS

[1966] 2 Lloyd's Rep 338

Negligence-Architect-Defective design of building-Delegation of design by architect to contractors-Liability of architect.

JAFFA (TRADING AS H. JEFFRIES) v. WAXMAN

[1966] 2 Lloyd's Rep 344

Negligence-Loss of furs held for inspection- Alleged custom that goods delivered for inspection were responsibility of holder- Liability of holder.

THOMAS NATIONAL TRANSPORT (MELBOURNE) PTY., LTD., AND PAY v. MAY & BAKER (AUSTRALIA) PTY., LTD.

[1966] 2 Lloyd's Rep 347

Carriage of goods-Deviation-Fundamental breach-Goods damaged by fire-Whether carrier entitled to rely on exemption clauses in contract of carriage. Bailment-Goods damaged by fire-Liability of sub-bailee. Contract-Fundamental breach.

UNITED STATES OF AMERICA v. CARGILL, INC. ET AL.; UNITED STATES OF AMERICA v. THE "WYCHEM 112" (CARGO EX); AND UNION CARBIDE CORPORATION ET AL.

[1966] 2 Lloyd's Rep 366

United States-Removal of wrecks obstructing inland waterways-Liability of owners for removal of negligently sunken vessels-Rivers and Harbors Act, 1899.

STONEY STANTON SUPPLIES (COVENTRY), LTD. v. MIDLAND BANK, LTD.

[1966] 2 Lloyd's Rep 373

Banking - Negligence - Forged cheques on company honoured by bank on forged mandate from company-Whether banker and customer relationship existed between bank and company-Liability of bank to company. -Moneys had and received-Forged agreement for purchase of business- Whether purchasing company owned moneys from business-Liability of bank to company.

OVERSEAS TANKSHIP (U.K.), LTD. v. BP TANKER COMPANY, LTD.

[1966] 2 Lloyd's Rep 386

Limitation of action-Charter-party-Conflicting clauses incorporating provisions of Hague Rules - Damage to cargo - Claim by charterers against shipowners not brought within one year of discharge-Whether claim time barred. Charter-party - Incorporation of provisions of Hague Rules by two conflicting clauses -Whether claim by charterers against shipowners brought more than one year after discharge of cargo was time barred-Effect of ambiguous document.

SLATTER v. BRITISH RAILWAYS BOARD

[1966] 2 Lloyd's Rep 395

Master and servant-Fellow-employees-Shunting -Sudden collision of wagons-Injury to wagon examiner startled by noise-Liability of employers. Negligence-Foreseeable risk-Sudden noise.

LINES v. HARLAND & WOLFF, LTD.

[1966] 2 Lloyd's Rep 400

Negligence-Unusual danger-Coil of wire in walkway on ship-Injury to dock worker- Liability of employers of man who left wire in walkway-Delay in bringing action- Effect on damages. Damages-Compensation neurosis-Delay in bringing action - Effect on quantum of damages for personal injuries.

IN RE MARSUERTE COMPANIA NAVIERA, S.A.

[1966] 2 Lloyd's Rep 408

United States - Attachment of proceeds of shipowners' insurance policies before hearing of limitation proceedings.

THE "IRINI STEFANOU"1

[1966] 2 Lloyd's Rep 410

Salvage-Award-Simultaneous claim in U.S. legal proceedings and in arbitration under Lloyd's Standard Form of Salvage Agreement -Motion to amend libel to claim sum awarded by Lloyd's or to make Lloyd's award binding on U.S. Court-Whether libellant had waived right to arbitration by bringing libel-Whether other claimants bound by Lloyd's award.

THE "EVAINE"

[1966] 2 Lloyd's Rep 413

Salvage - Fire on board yacht - Risk to non-professional salvors - Whether yacht's crew (in dinghy) in danger-Dispute as to value of salved vessel-Payment into Court in excess of award-Effect of legal aid on costs-Appeal-Whether risk to salvors' vessel (and livelihood) considered by Judge in making his award.

THE "BINETA"

[1966] 2 Lloyd's Rep 419

Sale of ship-Sale by unpaid seller in exercise of lien-Whether good title vested in second purchaser, although first purchaser was registered owner-Sale of Goods Act, 1893, Sect. 48 (2).

THE "FOREST LAKE"

[1966] 2 Lloyd's Rep 421

Admiralty practice-New trial-Evidence- Assessors-Retirement of Judge during hearing-Whether evidence already given by witnesses and evidence given on commission should be accepted at new trial -Whether same Assessors should sit at new trial.

MILLS & KNIGHT, LTD. v. KOLLAKIS BROS., LTD.

[1966] 2 Lloyd's Rep 424

Repairs to ship-Payment-Alleged agreed discount-Alleged agreement that payment should not be made until insurers settled claim.

WINTER v. THOMAS WATSON (SHIPPING), LTD.

[1966] 2 Lloyd's Rep 428

Damages - Assessment - Personal injuries claim-Head injuries sustained by stevedore.

PETROL SHIPPING CORPORATION v. KINGDOM OF GREECE, MINISTRY OF COMMERCE, PURCHASE DIRECTORATE

[1966] 2 Lloyd's Rep 431

United States-Arbitration in New York clause in charter-party - Jurisdiction of U.S. Court to compel charterer (Department of foreign Sovereign State) to submit to arbitration - Service of suit - Restrictive theory of sovereign immunity.

BLANCHARD LUMBER COMPANY AND FURMAN LUMBER, INC. v. THE "ANTHONY II"; MARDORO CIA. NAV., S.A., AND ANGLO CANADIAN SHIPPING COMPANY, LTD. (THE "ANTHONY II")

[1966] 2 Lloyd's Rep 437

Carriage by sea-Damage to deck cargo-Bad stowage-Unseaworthiness-Alleged perils of the sea-Liability of ship and/or charterer and/or shipowner-U.S. Carriage of Goods by Sea Act, 1936-Effect of Harter Act, 1893.

MACKENDER, HILL AND WHITE v. FELDIA A.G., CH. BRACHFELD AND SONS S.A. AND DIAMIL S.R.L.

[1966] 2 Lloyd's Rep 449

Practice-Writ-Service out of the jurisdiction -Insurance policy containing foreign jurisdiction clause-Alleged illegality and non-disclosure-Whether such dispute arose under policy within foreign jurisdiction clause-Meaning of "void" and "voidable". Insurance - Illegality - Non-disclosure - Meaning of "void" and "voidable".

SALOMON v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1966] 2 Lloyd's Rep 460

Revenue-Customs duty-Value of camera and case (a gift) for Customs duty purposes- Customs and Excise Act, 1952, Sect. 258, Sixth Schedule.

RE KEEVER. EX PARTE CORK v. MIDLAND BANK, LTD.

[1966] 2 Lloyd's Rep 475

Bankruptcy - Banking - Lien on cheque - Whether bank a secured creditor and not to be prejudiced by receiving order- Bankrupcy Act, 1914, Sect. 45-Bills of Exchange Act, 1882, Sects. 29, 97 (1).

ELLIOTT (TRADING AS ARLINGTON BOOKS) v. SIR ROBERT McALPINE & SONS, LTD.

[1966] 2 Lloyd's Rep 482

Negligence-Duty of care-Telephone rendered ineffective owing to defendants' negligence- Loss of profits-No injury to plaintiff's person or property-Liability of defendants. Damages-Loss of profits-Plaintiff's person and property not injured-Liability of defendants.

ECK v. UNITED ARAB AIRLINES, INC.

[1966] 2 Lloyd's Rep 485

United States-Carriage by air-Passenger's action in respect of personal injuries commenced in New York Court-Whether venue of action improper-Whether defendant had a "place of business" in New York "through which" contract was made - Warsaw Convention, 1929, Art. 28 (1).

PRACTICE DIRECTION

[1966] 2 Lloyd's Rep 494

Appeals to the House of Lords.

ELIAN AND RABBATH (TRADING AS ELIAN & RABBATH) v. MATSAS AND MATSAS; J. D. McLAREN & CO., LTD.; AND MIDLAND BANK, LTD.

[1966] 2 Lloyd's Rep 495

Practice-Injunction-Guarantee in order to raise shipowners' lien on cargo-Whether shipowners disabled from enforcing guarantee.

POST OFFICE v. NORWICH UNION FIRE INSURANCE SOCIETY, LTD.

[1966] 2 Lloyd's Rep 499

Third Parties (Rights against Insurers) Act, 1930-Indemnity "against all sums . . . Insured . . . legally liable to pay"-Whether injured third party entitled to claim against insurers of bankrupt although amount of liability had not been determined.

TAYLOR v. NATIONAL UNION OF SEAMEN

[1966] 2 Lloyd's Rep 504

Trade union-Dismissal of official-Appeal to executive council by official dismissed- Whether executive council acted ultra vires -Applicability of rules of natural justice.

-Dismissal of official-Claim by official for damages.

-Claim by dismissed official for declaration that Union should not treat him as if dismissed for misconduct.

IN RE RAMPGILL MILL, LTD.

[1966] 2 Lloyd's Rep 527

Company law - Winding up - Preferential creditor-Whether drawings on bank account were advances by bank for purpose of paying wages entitling bank to priority -Companies Act, 1948, Sect. 319 (4).

Lloyd's Law Reports