i-law

Lloyd's Law Reports

WARDAR'S (IMPORT & EXPORT) COMPANY, LTD. v. W. NORWOOD & SONS, LTD.

[1968] 2 Lloyd's Rep. 1
Sale of goods - Passing of property - Unascertained goods - Sale of Goods Act, 1893, Sects. 16, 18, 20.

THE "ARACELIO IGLESIAS"

[1968] 2 Lloyd's Rep. 7
Collision - Crossing vessels - Stand-on vessel engaged in obvious ordinary nautical manoeuvre-Meaning of "course and speed" -Collision Regulations, 1954, Rules 19, 21.

THE "MECCA"

[1968] 2 Lloyd's Rep. 17
Limitation of liability - Conversion - Sterling equivalent to 1000 gold francs-Devaluation of sterling between date of collision and date of limitation order-Whether Court should apply sterling equivalent in force before or after devaluation-Effect of agreements of settlement made before devaluation - Merchant Shipping Act, 1894, Sect. 503- Merchant Shipping (Liability of Shipowners and Others) Act, 1958, Sect. 1-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 four per cent.

THE COXSWAIN, CREW, LAUNCHERS AND WINCHMEN OF THE SHOREHAM LIFEBOAT v. THE "KATCHER I" (OWNERS) (THE "KATCHER I" (No. 2))

[1968] 2 Lloyd's Rep. 29
Admiralty practice - Costs - Payment into Court of £500 in salvage action accepted by plaintiffs - Whether plaintiffs entitled to recover costs from defendants - Whether plaintiffs should have accepted payment in earlier - Relevancy of Counsel's opinion obtained by plaintiffs before action - County Courts Act, 1959, Sects. 55, 56 and 60 (1) and (5).

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

[1968] 2 Lloyd's Rep. 37
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).

NISHINA TRADING COMPANY, LTD. v. CHIYODA FIRE AND MARINE INSURANCE COMPANY, LTD.

[1968] 2 Lloyd's Rep. 47
Marine insurance-Sue and labour charges- Whether in respect of averting loss within policy - Meaning of "takings"; "theft"; and "persons acting maliciously". -Cargo-owners deprived of possession of cargo - Whether as result of "taking"; "theft"; or "persons acting maliciously".

MICADA COMPANIA NAVIERA S.A. v. TEXIM

[1968] 2 Lloyd's Rep. 57
Charter-party-Dangerous cargo - Iron ore concentrate loaded by charterers - Master misled by shippers as to moisture content- Expenses incurred by owners in reloading- Liability of charterers - Whether cargo "dangerous"-Effect of charter-party clause providing that no dangerous goods were to be shipped - Meaning of "such as" - Baltime 1939 Uniform time charter.

E. W. TAYLOR & CO. (FORWARDING), LTD. v. BELL

[1968] 2 Lloyd's Rep. 63
Forwarding agents - Charges - Liability of shippers or consignees.

CALLAN v. SWAN, HUNTER & WIGHAM RICHARDSON, LTD., AND LINDSAY

[1968] 2 Lloyd's Rep. 75
Negligence-Foreseeability of risk-Duty of care-Injury to shipyard employee when naphtha was poured on to open fire by fellow-employe-Whether employers should have foreseen risk and warned of dangerous nature of naphtha.

MORGAN v. FRY, CRISPIN, CRONE, HARRALL, MEHEGAN AND BILSON*

[1968] 2 Lloyd's Rep. 82
Intimidation-Dismissal of lockman induced by union officials-Liability of union officials.

SULLIVAN v. TEMPLE STEAMSHIP COMPANY, LTD.

[1968] 2 Lloyd's Rep. 95
Occupiers' Liability Act, 1957-Duty of care- Means of access-Rigger injured while climbing over deck cargo of timber on port side-Safe means of access provided on starboard side-Liability of shipowners.

DURHAM FANCY GOODS, LTD. v. MICHAEL JACKSON (FANCY GOODS), LTD., AND JACKSON

[1968] 2 Lloyd's Rep. 98
Bill of exchange-Acceptance by director for his company-Acceptor's name incorrectly inscribed on bill of exchange by drawer- Whether director personally liable to drawer -Companies Act, 1948, Sect. 108-Whether drawer estopped from claiming against director personally.

CLUB COFFEE COMPANY, LTD. v. MOORE-McCORMACK LINES, INC., MOORE-McCORMACK LINES (CANADA), LTD., AND EASTERN CANADA STEVEDORING (1963), LTD.1

[1968] 2 Lloyd's Rep. 103
Carriage by sea-Non-delivery-Measure of damages-Whether damages should include Canadian Customs duty paid by bill of lading holder-Effect of valuation clause in bill of lading - Whether U.S. C.O.G.S.A. applied.

FEDERATION INSURANCE COMPANY OF CANADA v. CORET ACCESSORIES, INC., AND HIRSH (TRADING AS S. A. HIRSH & CO.)

[1968] 2 Lloyd's Rep. 109
Marine insurance - Non-delivery - Payment of claim-Goods subsequently found-Loss due to delay-Whether owner of goods liable to reimburse insurer-Effect of receipt signed by owner's employee.

PRACTICE NOTE

[1968] 2 Lloyd's Rep. 112
Chancery Judges' Chambers - Vacation business.

CHARNOCK v. LIVERPOOL CORPORATION AND KIRBYS (COMMERCIAL), LTD.

[1968] 2 Lloyd's Rep. 113
Contract - Motor insurance - Repairs to damaged car authorized by insurers - Whether contract existed between insured and repairers - Whether repairs were completed in a reasonable time.

WINSTANLEY v. THOS. & JAS. HARRISON, LTD.

[1968] 2 Lloyd's Rep. 119
Docks Regulations, 1934-Safe means of access -Lighting-Deck-hand's fall on dunnage at night-Liability of shipowner-Regulations 9 and 12.

DUTTON v. C. H. BAILEY, LTD.

[1968] 2 Lloyd's Rep. 122
Redundancy Payments Act, 1965-Boilermaker dismissed after refusing to work on new terms of employment - Whether dismissal due to redundancy-Sect. 1 (2).

ATLANTIC MARITIME CARRIERS S.A. v. HELLENIC MUTUAL WAR RISKS ASSOCIATION, LTD. CAPETANDIAMANTIS COMPANIA MARITIMA S.A.; EASTERN SEAS TRANSPORT CORPORATION AND ORIENT SHIPPING CORPORATION v. SAME

[1968] 2 Lloyd's Rep. 124
Marine insurance-War risks-P. & I. Club policies to pay reasonable expenses resulting from diversion of ship on voyage already commenced-Direction by Club that no vessel in Club should enter Suez Canal- Vessels commenced ballast voyage before direction and loaded voyage after direction -Whether vessels were "on a voyage already commenced" - Meaning of "voyage".

SARTI v. NEDERLANDSCHE HOUTIMPORT MAATSCHAPPIJ "NEHIM" N.V.

[1968] 2 Lloyd's Rep. 135
Damages - Assessment - Personal injuries -Injury to dock worker-Whether plaintiff acted unreasonably in not returning to work earlier or obtaining more highly paid work - Effect of pre-accident degenerative condition.

CONNELL v. MOTOR INSURERS' BUREAU

[1968] 2 Lloyd's Rep. 141
Motor Insurers' Bureau - Passenger - Driver liable for injury to passenger-Passenger not covered by insurance-Whether passenger carried for "hire or reward" and required to be covered by insurance-Liability of M.I.B.-Road Traffic Act, 1960, Sect. 203 (4).

EAST & WEST STEAMSHIP COMPANY v. HOSSAIN BROTHERS; PAKISTAN; QUEENSLAND INSURANCE COMPANY, LTD., AND JAMES FINLAY & CO., LTD.

[1968] 2 Lloyd's Rep. 145
Bill of lading-Exemption clause-Rain-water damage to cotton bales in lighter after discharge from vessel-Liability of shipowner -Whether carriage of goods ceased when goods were put into lighter-Hague Rules, Art. I (e), Art. III (2)-Schedule to Indian Carriage of Goods by Sea Act, 1925.

BANQUE DU RHONE S.A. v. FUERST DAY LAWSON, LTD. PROMAT S.A. (THIRD PARTIES)

[1968] 2 Lloyd's Rep. 153
Practice-Security for costs-Foreign plaintiff suing on bill of exchange-Allegations by defendant acceptors that acceptance of bill was affected with fraud-Whether security for costs should be ordered-R.S.C., Order 23, r. 1.

UNTERWESER REEDEREI G.m.b.H v. ZAPATA OFF-SHORE COMPANY (THE "CHAPARRAL")

[1968] 2 Lloyd's Rep. 158
Practice-Writ-Service out of jurisdiction- Towage contract-"Any dispute arising must be treated before the London Court of Justice"-Proceedings commenced in U.S. Court-Whether English Court was a convenient forum.

THE "MARIMAR"

[1968] 2 Lloyd's Rep. 165
Collision - Fog - Radar - Excessive speed - Look-out-Failure to make proper use of radar - Whether vessel was negligent in crossing channel, in fog, to anchor-Collision Regulations, 1960, Rules 16 (c), (d), 25 (a), 27.

THE CHIEF CONTROLLER OF CHARTERING OF THE GOVERNMENT OF INDIA v. CENTRAL GULF STEAMSHIP CORPORATION (THE "MOSFIELD")

[1968] 2 Lloyd's Rep. 173
Charter-party - Dispatch money - Whether Saturday mornings at port of Lake Charles were to be reckoned as laytime-Effect of local legislation-Whether fact that overtime rates were paid was relevant-Meaning of "holidays".

WATTS, WATTS & CO., LTD. v. STEELEY

[1968] 2 Lloyd's Rep. 179
Redundancy Payments Act, 1965 - Ship's master - Period of employment - Whether master's contract of employment had been terminated by employers, and, if so, whether it was on ground of redundancy-Whether a trade or business had been transferred to employers-Contracts of Employment Act, 1963, First Schedule, par. 10 (2).

ROBERT SIMPSON MONTREAL, LTD. v. CANADIAN OVERSEAS SHIPPING, LTD.; BROWN & RYAN, LTD.; FJELL-ORANJE LINES AND FJELL LINE AND ORANJE LIJN (MAATSCHAPPIJ ZEETRANSPORT) N.V. (THE "PRINS WILLEM III")

[1968] 2 Lloyd's Rep. 192
Carriage by sea - Loss of cargo - Goods pilfered after discharge into shed by stevedores-Liability of carrier, carrier's port agent and stevedores-Effect of bill of lading clauses - Whether plaintiff's claim barred by Civil Code of Lower Canada, Art. 2430 and/or exception clause in advice note.

PRACTICE NOTE

[1968] 2 Lloyd's Rep. 200
First and second class mail.

SKINGSLEY v. CAPE ASBESTOS COMPANY, LTD.

[1968] 2 Lloyd's Rep. 201
Limitation of action-Personal injuries-Leave to bring action-Whether leave should be given to plaintiff who knew he had asbestosis more than 12 months before proceedings commenced - Limitation Act, 1963, Sect. 1.

THE "DAYSPRING"

[1968] 2 Lloyd's Rep. 204
Limitation of liability - "Actual fault or privity" - Collision due to negligent navigation of trawler-Forward visibility of helmsman restricted by forecastle-Duty on owners to ensure that there should be lookout on deck in addition to helmsman- Allegation that helmsman was unfit by reason of defective vision.

THE "MANSOOR"

[1968] 2 Lloyd's Rep. 218
Admiralty practice-Stay of proceedings-Lis alibi pendens-Collision in Belgian waters- Application by plaintiffs in Antwerp Court for appointment of surveyor - Subsequent arrest of defendants' vessel in Belgium- Vessel released on security being given- Motion to set aside writ in rem and stay further proceedings brought by plaintiffs in England - Whether such proceedings vexatious and oppressive.

KOTT AND KOTT v. GORDON HOTELS, LTD.

[1968] 2 Lloyd's Rep. 228
Hotel Proprietors Act, 1956-Guests' property stolen-Floor waiter acquitted in criminal proceedings - Liability of innkeeper - Whether innkeeper's liability limited under Sect. 2 (3).

J. LOWENSTEIN & CO., LTD. v. POPLAR MOTOR TRANSPORT (LYMM), LTD. GOODA (THIRD PARTY) SAME v. SAME

[1968] 2 Lloyd's Rep. 233
Insurance-Goods in transit-Theft of lorries loaded with copper wire-Policy excluding liability for "Thefts of . . . vehicles left unattended between 6 p.m. and 6 a.m. . . . unless . . . such vehicle is locked and parked in a yard which is fully enclosed and securely closed and locked"-Whether clause could not be complied with and 20 per cent. co-insurance applied-Duty on road carriers to plan their journeys-Road Traffic Act, 1960, Sect. 73.

KEARNEY v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1968] 2 Lloyd's Rep. 240
Insurance - Employer's liability insurance - Employee's fall while painting roof trusses of building built as a hangar-Policy excluding "any work in connection with . . . Hangars" or "Roofs other than of Private Dwellings and/or Shops . . ."-Whether building had ceased to be a "Hangar"-Meaning of "in connection with" and "Roof"-Third Party (Rights against Insurers) Act, 1930.

THE "GAY TUCAN"

[1968] 2 Lloyd's Rep. 245
Admiralty practice-Arrest of vessel-Claim for possession-Whether vessel should be released on bail-Discretion of Court.

ACHILLE LAURO FU GIOACCHINO & C. v. TOTAL SOCIETA ITALIANA PER AZIONI

[1968] 2 Lloyd's Rep. 247
Charter-party-Calculation of freight-Closure of Suez Canal-Applicability of Suez Canal Clause-Whether rate of freight was to be calculated with reference to notional ballast voyage via Cape of Good Hope or via Suez Canal-International Tanker Nominal Freight Scale.

CHARLES GRIFFIN & CO., LTD., AND OTHERS v. DE-LA-HAYE AND DE-LA-HAYE CONTRACTORS

[1968] 2 Lloyd's Rep. 253
Damages-Damage to motor vehicle-Whether plaintiff was entitled to treat vehicle as a "write-off"-Delay of insurance company in communicating-Comments by Court-Hire of alternative vehicle.

WOOLFORD v. LIVERPOOL COUNTY COUNCIL; SURREY COUNTY COUNCIL; AND INNER LONDON EDUCATION AUTHORITY

[1968] 2 Lloyd's Rep. 256
Contract - Breach - Damages - Agreement to insure-Venture course-Injury to plaintiff- "The [organizers] take out a . . . policy to cover any injury that might possibly be sustained during the course"-Failure by organizers to take out policy-Liability of organizers.

N.V. DAARNHOUWER & CO., HANDELMAATSCHAPPIJ v. BOULOS

[1968] 2 Lloyd's Rep. 259
Practice - Foreign judgment - Enforceability -Alleged submission to jurisdiction-Claim by plaintiffs on judgment of Sudanese Court -Appeal by defendant in Sudanese Appeal Court - Whether defendant submitted to jurisdiction of Sudanese Court or was estopped by Sudanese Appeal Court decision in respect of any issue of fact.

QUINN AND OTHERS v. ASSOCIATED STEAMSHIPS PROPRIETARY, LTD. (THE "WOOMERA")

[1968] 2 Lloyd's Rep. 271
Collision - Look-out - Standard of duty - Collision between ketch and steamship- Whether unlighted ketch should have been sighted at night-Duty on owner of ketch to ensure that experienced person was on deck.

SELANGOR UNITED RUBBER ESTATES, LTD. v. CRADOCK AND OTHERS

[1968] 2 Lloyd's Rep. 289
Banking - Duty of care-Customer's (company's) moneys used for purchasing stock in company - Liability of paying bank as constructive trustee and in negligence-Duty on bank to make inquiry-Whether duty only to take care not to pay otherwise than in accordance with mandate. Company-Director-Take-over of "shell" company-Company's moneys used for purchasing stock in company-Liability of company's directors as trustees of company's moneys-Liability of company's bankers and transferees of moneys as constructive trustees and in negligence-Whether directors should be relieved from liability-Effect of illegality-Companies Act, 1948, Sects. 54 and 448. Trust - Breach - Company's moneys used for purchasing stock in company-Liability of directors as trustees and company's bankers and transferees of moneys as constructive trustees-Whether company's claim based on breach of trust defeated by illegality- Whether novation with regard to debt defeated company's claim in equity - Meaning of "dishonest and fraudulent".

AGENOR SHIPPING COMPANY, LTD. v. SOCIETE DES PETROLES MIROLINE

[1968] 2 Lloyd's Rep. 359
Charter-party - Consecutive voyages - Freight -Intascale - Devaluation of sterling - Whether accounting currency was sterling or dollar.

FOULDER v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1968] 2 Lloyd's Rep. 366
Master and servant-Duty of care-Ship's steward scalded in shower - Whether steward's ability impaired by drink - Liability of shipowners. Merchant Shipping (Crew Accommodation) Regulations, 1953 - Shower bath - Steward scalded in shower bath - Liability of shipowners-Whether breach of regulation causing injury gave civil remedy-Regulation 24 (3).

ORIENTAL FIRE AND GENERAL INSURANCE COMPANY, LTD. v. AMERICAN PRESIDENT LINES, LTD., AND COTTON TRADING CORPORATION OF SAN FRANCISCO

[1968] 2 Lloyd's Rep. 372
India - Marine insurance - Subrogation - Whether insurers entitled to sue carrier in their own name-Indian Transfer of Property Act, Sect. 135A.

CHARLES GOODFELLOW LUMBER SALES, LTD. v. VERREAULT, HOVINGTON AND VERREAULT NAVIGATION, INC.

[1968] 2 Lloyd's Rep. 383
Canada-Carriage by sea-Loss of and damage to cargo (timber)-Seaworthiness of vessel- Stowage of cargo-Meaning of "perils of the sea" - Vessel's master not properly certificated-Liability of shipowner and/or charterer - Whether plaintiff's claim time-barred-Canadian Water Carriage of Goods Act, 1952, Art. III, r. 6.

DUNBEE, LTD. v. GILMAN & CO. (AUSTRALIA) PTY., LTD.

[1968] 2 Lloyd's Rep. 394
Australia-Conflict of laws-Contract-"This agreement is governed by and construed under the Laws of England"-Whether amounting to a submission to jurisdiction of English Courts-Application to set aside registration of English High Court judgment in New South Wales Court-N.S.W. Administration of Justice Act, 1924-1957, Sect. 5.

SALON SERVICE, INC. v. PACIFIC & ATLANTIC SHIPPERS, INC., ET AL.

[1968] 2 Lloyd's Rep. 400
United States-Carriage by sea-Loss in transit -Benefit of insurance-Conflicting clauses in policy and bill of lading-Liability of carrier.

ONASSIS AND CALOGEROPOULOS v. VERGOTTIS

[1968] 2 Lloyd's Rep. 403
Practice-Appeal-New trial ordered by Court of Appeal on appeal from Judge alone- Appeal to House of Lords. Order 59, r. 11 (2). Contract-Option-Shares in ship-Whether party provided money by way of loan or for purchase of shares in ship.

N.V. BUREAU WIJSMULLER v. THE "TOJO MARU" (OWNERS, CARGO AND FREIGHT)

[1968] 2 Lloyd's Rep. 436
Practice-Procedure-Division of High Court -Assignment of matter-Whether special case stated by Lloyd's salvage arbitrator should be tried in Queen's Bench Division (Commercial Court) or Admiralty Division -Administration of Justice Act, 1956, Sect. 1 -R.S.C., Order 72, r. 1; Order 75, rr. 1 and 2.

CAIN v. WILCOCK

[1968] 2 Lloyd's Rep. 440
Damages-Fatal injuries-Loss of expectation of life-Child aged 212 years-Whether award by District Registrar of £500 was excessive.

THE "PUTBUS"

[1968] 2 Lloyd's Rep. 442
Admiralty practice - Release of security - Collision in Dutch waters-Limitation fund paid into Dutch Court-Arrest of sister ship in English port-Motion to release security given by arrested vessel-Whether potential claim for wreck-raising expenses by Dutch Government authority would be subject to limitation-Whether Dutch Court would treat English Court's decision as binding on Dutch Government authority-Discretion of Court. Merchant Shipping Act, 1894, Sect. 503. Merchant Shipping (Liability of Shipowners and Others) Act, 1958, Sect. 5.

ORIENT MID-EAST LINES, INC. v. CO-OPERATIVE FOR AMERICAN RELIEF EVERYWHERE, INC. ET AL. AND UNITED STATES OF AMERICA (THE "ORIENT MERCHANT"; THE "OLAU GORM")

[1968] 2 Lloyd's Rep. 449
United States-Carriage by sea-Additional freight-Closure of St. Lawrence Seaway- Vessel locked in Great Lakes for winter- Liability of shipper for additional freight- Whether shipowner negligent in disregarding warnings by Seaway Authority to clear its ships from Seaway - Effect of exculpatory clauses in bill of lading.

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

[1968] 2 Lloyd's Rep. 459
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).

CAMPION v. SCRUTTONS, LTD.

[1968] 2 Lloyd's Rep. 469
Negligence-Duty of care-Injury to dock worker when he heaved at empty drum of oil believing it to be full-Whether employers should have warned of danger-Applicability of res ipsa loquitur doctrine-Liability of employers.

THE "JUDITH M."

[1968] 2 Lloyd's Rep. 474
Collision - Fog - Radar - Excessive speed - Look-out - Signals - Whether failure to sight visually approaching vessel earlier caused or contributed to collision-Collision Regulations, 1954, Rule 28. Costs-Admiralty action-Unequal division of blame-Whether costs should follow the event.

YOUNG GLOVER & CO., LTD., AND AGRICULTURAL PRODUCTS CO-OPERATIVE MARKETING UNION OF CYPRUS v. RED SEA DEVELOPMENT CORPORATION

[1968] 2 Lloyd's Rep. 489
Carriage by sea-Damage to cargo-Assessment of damages-Interest.

BARRETT v. HAY'S WHARF, LTD.

[1968] 2 Lloyd's Rep. 491
Master and servant-Fellow-employee-Dock worker injured when his mate released scaleboard they were lifting together- Liability of employers.

PHILPOTT v. BRITISH RAILWAYS BOARD

[1968] 2 Lloyd's Rep. 495
Negligence - Duty of care - Gap between gangway and ship's rail-Single lifeline- Ship's steward killed when he fell overboard through gap-Liability of shipowners.

McKENZIE BARGE & DERRICK COMPANY, LTD. v. RIVTOW MARINE, LTD.

[1968] 2 Lloyd's Rep. 505
Towage-Loss of tow-Breaking of towage gear -Master's reliance on weather forecasts- Claim by owners of tow in contract and negligence - Applicability of standard condition - Whether tug-owner entitled to limit liability under Canada Shipping Act, R.S.C., 1952, Sect. 657.

McADAM v. J. & J. DENHOLM (MANAGEMENT), LTD. HAWXWELL v. SAME

[1968] 2 Lloyd's Rep. 511
Negligence-Duty of care-Injury to junior engineer and donkeyman in flash-back from ship's boiler-Previous unsuccessful attempts to ignite boiler-Foreseeability of injury- Res ipsa loquitur-Liability of shipowners. Practice-Appeal-Whether plaintiffs should be allowed to make new allegations of negligence in Court of Appeal.

FLETCHER AND CAMPBELL v. CITY MARINE FINANCE, LTD.

[1968] 2 Lloyd's Rep. 520
Mortgage of ship-Right of redemption- Default by mortgagor-Refusal by mortgagee to accept tender by mortgagor's agent of outstanding debt - Sale of vessel by mortgagee-Whether mortgagor wrongfully prevented from exercising right of redemption -Right of mortgagor to claim damages.

MALYON v. LAWRANCE, MESSER & CO.

[1968] 2 Lloyd's Rep. 539
Solicitors - Negligence - Delay - Client's personal injury claim in Germany time-barred -Measure of damages-Quantum of damages in German Courts-Prolongation of anxiety neurosis affecting business activity-Foreseeability - Whether client should have mitigated damages by closing business.

RANDALL v. MOTOR INSURERS' BUREAU

[1968] 2 Lloyd's Rep. 553
Motor Insurers' Bureau-Third party insurance -Plaintiff, on private land, injured by lorry being driven onto public road-Front of lorry on road-Whether injury "caused by or arose out of use of" lorry on road. Road Traffic Act, 1960, Sects. 203 (3) (a), 257.

THE "WESTPORT" (NO. 4)

[1968] 2 Lloyd's Rep. 559
Admiralty practice-Action in rem-Priorities -Claim by master for crew's pension, union and tax contributions for which he was liable in Greek law-Meaning of "emoluments".

TAGE BERGLUND v. MONTORO SHIPPING CORPORATION, LTD. (THE "DAGMAR")

[1968] 2 Lloyd's Rep. 563
Charter-party-"Safe ports"-Vessel ordered to Cape Chat-Grounding of vessel when moorings parted in strong wind and swell- Weather forecasts for area not provided by charterers' agents-Liability of charterers- Whether port unsafe - Whether vessel's master and crew negligent.

A. COHEN & CO., LTD. v. PLAISTOW TRANSPORT, LTD.; GRAHAM (THIRD PARTY)

[1968] 2 Lloyd's Rep. 587
Carriage of goods - Loss of brass ingots - Whether loss occurred without negligence by carrier-Burden of proof. Insurance-Goods in transit insurance-Loss of brass ingots - "Warranted vehicles garaged in locked garage at night" - Whether warranty breached.

FEATHERSTONES, LTD., AND FRIARY MEUX, LTD. v. LONDON DREDGING COMPANY, LTD.

[1968] 2 Lloyd's Rep. 592
Trespass - Wharf - Wrongful mooring of dredger to wharves-Subsequent collapse of wharves - Whether due to mooring of dredger-Burden of proof.

ATTRIDGE v. HOVEY ANTWERP, LTD.

[1968] 2 Lloyd's Rep. 597
Negligence - Means of access - Obstructed passage-way on ship - Injury to stevedore -Liability of employers.

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