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CONNELL v. MOTOR INSURERS' BUREAU

[1969] 2 Lloyd's Rep 1

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).

THE "TEH HU"

[1969] 2 Lloyd's Rep 7

Salvage-Award- Remuneration- Devaluation of pound sterling after salvage services rendered and before date of award-Whether devaluation to be taken into account in determining amount of award-Whether account should be taken of expenses incurred by contractors at sterling equivalent before or after devaluation-Lloyd's Standard Form of Salvage Agreement.

WAHBE TAMARI & SONS, LTD., AND JAFFA TRADING COMPANY v. "COLPROGECA"-SOCIEDADE GERAL DE FIBRAS, CAFES E PRODUTOS COLONIAIS, LDA.

[1969] 2 Lloyd's Rep 18

Sale of goods-C. & f.-Breach by buyers- Buyers' agents contending buyers not party to contract-Financial arrangements not in accordance with contract-Buyers' delay in providing letter of credit-Refusal by buyers to extend shipping period-Whether sellers entitled to treat contract as repudiated by buyers.

CHARTERBRIDGE CORPORATION, LTD. v. LLOYDS BANK, LTD., AND POMEROY DEVELOPMENTS (CASTLEFORD), LTD.

[1969] 2 Lloyd's Rep 24

Company - Memorandum of association - Objects clause-"To secure or guarantee by mortgages, charges or otherwise" own liabilities and those of associated companies -Company independent but one of large group - Overdraft of main company guaranteed and secured by charge on company's property - No separate consideration of interests of company as distinct from those of group-Sale of property- Validity of charge as against purchasers- Whether guarantee and charge ultra vires- Whether transaction outside scope of company's business-Whether intention to benefit company relevant-Whether in fact parties acting with view to benefit of company.

McGOONA v. MOTOR INSURERS' BUREAU AND MARSH

[1969] 2 Lloyd's Rep 34

Motor Insurers' Bureau-Passenger-Driver liable for injury to passenger-Driver paid by employers to transport fellow-employee in his own car-Whether driver uninsured -Whether passenger carried for "hire or reward" and required to be covered by insurance-Road Traffic Act, 1930, Sect. 36. Insurance-Motor insurance-Building worker paid by employers to transport fellow. employee in his car-Policy covering use by assured "in person in connection with his business"-Whether driver uninsured- Claim by injured passenger.-Notice of claim given to insurers-Whether notice of "proceedings" within Road Traffic Act, 1960, Sect. 207 (2) (a).

A/B HELSINGFORS STEAMSHIP COMPANY, LTD. v. REDERIAKTIEBOLAGET REX

[1969] 2 Lloyd's Rep 52

Charter-party - Indemnity clause - Stevedore injured on board vessel - Shipowners contributing towards damages-Whether contribution recoverable from time charterers.

ALLEN v. ROBLES COMPAGNIE PARISIENNE DE GARANTIE (THIRD PARTY)

[1969] 2 Lloyd's Rep 61

Insurance-Motor insurance-Breach of condition-Notice of claim-Failure by assured to advise insurers of claim within five days-Whether insurers entitled to delay decision whether to accept or repudiate liability.

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

[1969] 2 Lloyd's Rep 65

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.

COMPAGNIE TUNISIENNE DE NAVIGATION S.A. v. COMPAGNIE D'ARMEMENT MARITIME S.A.

[1969] 2 Lloyd's Rep 71

Conflict of laws-Contract-Proper law- Tonnage agreement on English form of tanker voyage charter-party-Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London- Whether English law proper law of contract. Charter-party-Proper law-Tonnage agreement on English form of tanker voyage charter-party -Contract to be governed by laws of "Flag of Vessel carrying goods" and providing that any dispute should be settled by arbitration in London-Whether English law proper law of contract.

THE "ANNELIESE"

[1969] 2 Lloyd's Rep 78

Collision - Look-out - Excessive speed - Alteration of course-Alleged failure to make proper use of radar-Collision in English Channel in deteriorating visibility-Whether insubstantial alterations of course causative of collision-Both vessels admittedly at fault-Apportionment of blame-Collision Regulations, 1960, Rules 15, 16, 18, 19, 22, 23, 27, 29, and Annex.

THE "TRAMONTANA II" (OWNERS) v. MINISTRY OF DEFENCE AND MARTIN

[1969] 2 Lloyd's Rep 94

Port authority-Statutory powers-Alleged negligence-Buoying of wreck-Collision between submerged wreck and vessel navigating port-Alleged wrong type and position of buoy-Whether duty owed by port authority to users of port-Whether duty applied to non-feasance-Dockyard Port of Portsmouth Order, 1960. Negligent navigation-Collision-Look-out- Collision between plaintiffs' vessel and submerged wreck in port-Whether buoyage of wreck misleading-Standard of look-out -Distance of passing-Duty on plaintiffs to inform themselves of navigational hazards- Liability of plaintiffs and/or port authority. Wreck-Buoyage-Collision between plaintiffs' vessel and submerged wreck-Alleged wrong type and position of buoy-Liability of port authority-Whether plaintiffs negligent in navigation and in failing to consult Notice to Mariners-Dockyard Port of Portsmouth Order, 1960, Second Schedule, Rule 10. Buoy - Submerged wreck - Collision with plaintiffs' vessel-Buoy allegedly in wrong position and not conforming to buoyage system - Liability of port authority - Dockyard Port of Portsmouth Order, 1960, Second Schedule, Rule 10.

PANCHAUD FRERES S.A. v. ETABLISSEMENTS GENERAL GRAIN COMPANY

[1969] 2 Lloyd's Rep 109

Sale of goods (c.i.f.)-Rejection-Late shipment -False date on bill of lading-Correct date on certificate of quality accompanying bill of lading-Buyers accepting shipping documents-Issue of late shipment raised considerable period later-Whether buyers had waived right to raise. Arbitration-Time bar-Buyers' claim for return of purchase price-Subsequent radical alteration of grounds for claim-Whether new arbitration proceedings required- Whether new ground time barred.

R. PAGNAN & FRATELLI v. CORBISA INDUSTRIAL AGROPACUARIA LTDA.

[1969] 2 Lloyd's Rep 129

Sale of goods (c.i.f.)-Waiver-Rejection- Damages-Admitted breach of contract by sellers-Whether buyers waived right to damages or agreed to accept goods on arrival -Whether buyers entitled to reject goods on account of their condition on arrival- Purchase by buyers of goods previously rejected by them-Assessment of damages- London Corn Trade Association, Ltd., Contract Form No. 32 (Rye Terms). Damages-Breach of contract-Assessment- Breach by sellers of c.i.f. contract-Whether damages calculated by reference to market value at date of breach-Goods rejected by buyers - Whether subsequent purchase of goods by buyers to be taken into account. Arbitration-Award-Annexing of documentary evidence-Comments by Court.

R. PAGNAN & FRATELLI v. TRADAX EXPORT S.A.

[1969] 2 Lloyd's Rep 150

Charter-party - Demurrage - Commencement - Laytime exhausted at loading port - Commencement of demurrage at discharge port-Whether notice of readiness time had to expire before demurrage commenced. Arbitration-Award-Award in form of special case-Award upheld by Court-Interest on award-Arbitration Act, 1950, Sect. 20- Judgments Act, 1838-Comments by Court.

CLAN LINE STEAMERS, LTD. v. OVE SKOU REDERI A/S

[1969] 2 Lloyd's Rep 155

Charter-party - Charterers' liability - Charterers to bear 1s. per gross registered ton "on any one cargo" of claims arising - Liner voyage - Loading and discharging at numerous ports, under numerous bills of lading - Meaning of "any one cargo" - Whether goods under each bill of lading "one cargo".

VANDYKE v. FENDER AND REDDINGTON FOUNDRIES, LTD.; SUN INSURANCE OFFICE, LTD. (THIRD PARTY)

[1969] 2 Lloyd's Rep 164

Insurance (Motor)-Policy-Liability in respect of passenger carried by reason of contract of employment - Insured driving car not belonging to him and carrying fellow-employee as passenger under arrangement with employers-Whether insurers liable. Insurance - Employers' liability - Employee injured travelling to work in car lent by employers to fellow-employee-Arrangement with employers that fellow-employee when using car should take employee to work - "Arising out of and in course of employment" - Liability of employers - Whether indemnity under employers' liability insurance. Principal and Agent - Negligence - Car lent on terms that borrower to bring certain persons regularly to lender's premises - Whether borrower lender's agent-Whether lender liable for borrower's negligence.

ALICIA HOSIERY, LTD. v. BROWN, SHIPLEY & CO., LTD., AND ALLIED SHIPPERS, LTD.

[1969] 2 Lloyd's Rep 179

Bailment-Delivery order-Goods at warehouse pledged to bank by owners-Delivery order given to purchaser of goods by bank- Refusal to deliver by warehousemen- Liability of bank to purchasers-Meaning of "All charges account goods".

PHILPOTT v. BRITISH RAILWAYS BOARD

[1969] 2 Lloyd's Rep 190

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.

N.V. BUREAU WIJSMULLER v. THE "TOJO MARU" (OWNERS)

[1969] 2 Lloyd's Rep 193

Salvage - Award - Salved vessel damaged by negligence of salvors' employee-Diminished award by arbitrator-Whether owners entitled to counterclaim for damage to salved vessel -Claim by salvors to limit liability-Whether right of set-off between salvors' salvage claim and owners' counterclaim-Whether right to limit liability applicable only to balance of counterclaim. Limitation of liability-Salvage-Salved vessel damaged by negligence of salvors' diver working from salvors' tug-Claim by salvors to limit liability-Whether negligent act of diver an act "on board" or "in the management" of salvors' tug-Right of owner of salved vessel to set-off by way of counterclaim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958. Equity - Set-off - Claim for salvage award - Salved vessel damaged by negligence of salvors' employee-Whether owners had right of set-off against salvors' claim- Whether salvors entitled to limit liability- Whether limitation of liability applied before or after set-off.

MORRIS v. C. H. BAILEY, LTD.

[1969] 2 Lloyd's Rep 215

Contract-Contract of employment-Ship-repairing industry-Contract of employment incorporating terms of working rules agreed between plaintiff's Union and employers' association-Working rules terminated by employers' giving notice to Union-Refusal by employers to employ plaintiff boilermaker except on new working conditions-Whether plaintiff given notice of dismissal.

COLLIER v. SMITH'S DOCK COMPANY, LTD.

[1969] 2 Lloyd's Rep 222

Redundancy Payments Act, 1965-"Dismissal" -Offer to renew contract of employment- Closure of dock where employee working as chargehand shipwright-Offer of employment at another dock as shipwright- Whether "suitable employment"-Whether "unreasonably refused"-Redundancy Payments Act, 1965, Sect. 2 (4).

MEDOV LINES S.P.A. v. TR'LANDSFOS A/S.

[1969] 2 Lloyd's Rep 225

Arbitration - Arbitrator - Appointment - Sale of ship on "Saleform" form-Disputes to be decided by "a single Arbitrator" or by three arbitrators to be appointed-Failure by parties to agree-Power of Court to appoint arbitrator in default and third arbitrator-Applicability of Arbitration Act, 1950, Sect. 10 (a).

W. & J. LANE v. SPRATT

[1969] 2 Lloyd's Rep 229

Insurance-Goods in transit-Due Diligence Clause-Theft by assured's employee- Employee's reference not obtained-Whether assured in breach of Due Diligence Clause- Duty of assured to vet staff-Whether Due Diligence Clause a condition or a warranty -Whether loss arose from breach.

ALBERT v. MOTOR INSURERS' BUREAU

[1969] 2 Lloyd's Rep 243

Motor Insurers' Bureau-Passenger-Driver liable for death of passenger-Judgment against driver unsatisfied-Whether passenger carried "for hire or reward"-Whether required to be insured-Liability of Bureau -Road Traffic Act, 1960, Sect. 203 (4).

AMERICAN SHIP BUILDING COMPANY v. ORION INSURANCE COMPANY, LTD., AND BOAG

[1969] 2 Lloyd's Rep 251

Insurance-Ship-repairer's liability-Damage to vessel and dry dock-Whether damage to assured's dry dock covered under policies incorporating Institute Clauses for Builders' Risks.

PRACTICE NOTE

[1969] 2 Lloyd's Rep 255

Order of precedence.

EMPRESA CUBANA DE FLETES v. AVIATION & SHIPPING COMPANY, LTD.

[1969] 2 Lloyd's Rep 257

Charter-party-Time charter-Period of charter-Option-Retention of vessel's services-Hire of vessel for "24/30 calendar months in Charterers' option declarable at end of 22nd month . . . from time vessel delivered"-Whether option lost by failure to exercise within 22 months period- Whether time lost "through circumstances beyond charterers' control" to be taken into account-Baltime 1939 Form. Practice-Commercial Court-Determination of urgent disputes-Comments by Court.

BUDD v. PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY

[1969] 2 Lloyd's Rep 262

Contract - Passenger ticket - Exemption condition-Injury to passenger-Whether condition legible or understandable by ordinary passenger-Whether effect of conditions misrepresented by shipowners' agents.

FALCONBRIDGE NICKEL MINES, LTD., JANIN CONSTRUCTION, LTD., AND HEWITT EQUIPMENT, LTD. v. CHIMO SHIPPING, LTD., CLARKE STEAMSHIP COMPANY, LTD., AND MUNRO JORGENSSON SHIPPING, LTD.

[1969] 2 Lloyd's Rep 277

Canada-Carriage by sea-Cargo unloaded from ship and lost overboard from ship's barge-Whether shipowners negligent-Effect of bill of lading clauses-Applicability of Rules scheduled to Canadian Water Carriage of Goods Act, 1936-Whether barge unseaworthy - Limitation of liability - Whether barge a "ship" within Art. 1 of Rules and Canada Shipping Act, Sect. 2 (a) -Meaning of "package or unit".

J. T. STRATFORD & SON, LTD. v. LINDLEY, WATSON AND STADEN (NO. 2)

[1969] 2 Lloyd's Rep 309

Costs-Discretion of Court-"Costs in the cause"-Interlocutory proceedings-House of Lords order in anticipation of trial on merits-Action never coming for trial- Whether action should be dismissed for want of prosecution or whether plaintiff should be given leave to discontinue-R.S.C., Order 21, r. 3(1); Order 25, r. 1(5).

NATIONAL DOCK LABOUR BOARD v. JOHN BLAND & CO., LTD.

[1969] 2 Lloyd's Rep 316

Docks and Harbours Act, 1966-"Dock work" -Receiving and first piling timber-Whether "dock work"-Whether timber yard outside but "in vicinity of" dock estates included in Port of Cardiff-Meaning of "cargo"-Dock Workers (Regulation of Employment) (Amendment) Order, 1967, Schedule 2.

COTTON CONTROLLERS (LIVERPOOL), LTD. v. SECRETARY OF STATE FOR EMPLOYMENT AND PRODUCTIVITY

[1969] 2 Lloyd's Rep 323

Selective Employment Payments Act, 1966- Transport and communication-Claim for refund of selective employment tax by applicants-Contention that applicants were cargo superintendents-Whether applicants forwarding agents-Meaning of "unloading of vessel" - Standard Industrial Classification, Order XIX, Minimum List Headings 705 and 709.

THE "ELAND" THE "ELAND" AND THE "MONTE URQUIOLA"

[1969] 2 Lloyd's Rep 328

Collision-River-Vessel turning out of channel -Whether vessel at fault in beginning and continuing turn with vessel approaching at excessive speed-Whether turning vessel in breach of Argentine Maritime and Fluvial Law, cap. 38, Art. 1483 bis 1. Art. 1471.

NATIONAL TRUST COMPANY, LTD. v. WONG AVIATION, LTD., AND WONG

[1969] 2 Lloyd's Rep 340

Canada-Bailment-Disappearance of chattel (aircraft) and bailee-No evidence of negligence-Whether onus of proof on bailee's executor or bailor. Canada-Negligence-Res ipsa loquitur- Disappearance of chattel (aircraft) and bailee -Claim in negligence against bailee's executor-Explanation that loss could have occurred without negligence-Applicability of res ipsa loquitur doctrine.

NORD-DEUTSCHE VERSICHERUNGSGESELLSCHAFT, UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION, LTD., AND FISCHER BEARINGS MANUFACTURING, LTD. v. THE QUEEN ROYAL NETHERLANDS STEAMSHIP COMPANY (THIRD PARTY) (THE "HERMES")

[1969] 2 Lloyd's Rep 347

Canada-Limitation of liability-Collision in navigational channel due to displacement of leading lights-Claim by Crown, as channel owner, to limit liability-Whether navigational channel a "canal"-Whether Crown in "actual fault or privity"-Interest on damages-Whether allowable against Crown-Canada Shipping Act, R.S.C. 1952, Sect. 660.

SPELLAR v. PORT OF LONDON AUTHORITY

[1969] 2 Lloyd's Rep 362

Master and servant-Safe system of work- Injury to salvage hand on salvage vessel- Tautening of slack wire on deck-Liability of employers.

THE "TEH HU"

[1969] 2 Lloyd's Rep 365

Salvage-Award-Remuneration-Devaluation of £ sterling after salvage services rendered and before date of award - Whether devaluation to be taken into account in determining amount of award-Whether account should be taken of expenses incurred by contractors at sterling equivalent before or after devaluation-Lloyd's Standard Form of Salvage Agreement. Arbitration-Award-Power of arbitrator to make award in foreign currency,

MAGEE v. PENNINE INSURANCE COMPANY, LTD.

[1969] 2 Lloyd's Rep 378

Contract-Mistake-Claim under insurance policy-Agreement to compromise- Discovery by insurers of facts entitling them to avoid liability-Whether compromise agreement voidable for common fundamental mistake that policy was binding. Insurance-Claim-Agreement to compromise -Policy voidable for misrepresentation- Whether agreement to compromise binding on insurers-Whether voidable by common fundamental mistake that policy was binding. Insurance-Warranty in proposal form- Whether embodied in agreement to settle claim under policy-Whether implied in subsequent renewals.

PETROVITCH v. CALLINGHAMS, LTD.

[1969] 2 Lloyd's Rep 386

Negligence-Duty of care-Painter working on street door-Door left ajar during tea break-Theft of jewellery-Liability of painter's employer-Whether owner of jewellery contributorily negligent.

GLASS'S FRUIT MARKETS, LTD. v. A. SOUTHWELL & SON (FRUIT), LTD.

[1969] 2 Lloyd's Rep 398

Sale of goods-Rejection-Potatoes-Contract "For Sound Bags only"-Alleged blight in consignment-Whether buyers entitled to reject-Meaning of "sound".

MURRAY v. LEGAL AND GENERAL ASSURANCE SOCIETY, LTD.

[1969] 2 Lloyd's Rep 405

Third Parties (Rights against Insurers) Act, 1930-Employers' liability insurance- Judgment obtained by injured employee against employer/assured (in liquidation)- Claim against insurers by employee-Whether employee's rights under Sect. 1 subject to set-off in respect of premiums unpaid by employer.

DONOVAN v. INVICTA AIRWAYS, LTD.

[1969] 2 Lloyd's Rep 413

Contract-Contract of service-Repudiation- Claim by civil aviation pilot-Allegation that employers were in fundamental breach of contract.

PRACTICE DIRECTION

[1969] 2 Lloyd's Rep 424

Despatch of business in Chancery Chambers.

CHRISTOPHER HILL, LTD. v. ASHINGTON PIGGERIES, LTD. CHRISTOPHER HILL, LTD. v. FUR FARM SUPPLIES, LTD. NORSILDMEL (THIRD PARTY)

[1969] 2 Lloyd's Rep 425

Sale of goods-Description-Fitness for purpose-Merchantable quality-Mink food mixed by compounders for customers to agreed formula-Food toxic to mink- Whether due to inclusion of Norwegian herring meal-Liability of compounders to customers-Whether goods corresponded with contract description-Whether customer relied on skill or judgment of compounders-Liability of Norwegian sellers of meal to compounders-Applicability of defects clause-Whether "quality" in description clause excluded an ingredient which could not be detected at time of delivery-Remoteness of damage- Meaning of "Guaranteed for consumption in U.K."-Sale of Goods Act, 1893, Sects. 13, 14 (1) and (2)-Meaning of "description", "particular purpose".

PRESIDENT OF INDIA v. METCALFE SHIPPING COMPANY, LTD. (THE "DUNELMIA")

[1969] 2 Lloyd's Rep 476

Charter-party - Arbitration clause - Dispute over short delivery between charterers and owners - Applicability of arbitration clause in charter-party - Bill of lading indorsed to charterers by shippers - Whether property in goods passed to charterers at loading and bill of lading was mere receipt - Bills of Lading Act, 1855. Bill of lading - Merger with charter-party - Applicability of charter-party and/or bill of lading terms. Sale of goods (f.o.b.) - Passing of property - Bill of lading indorsed by shippers/sellers to charterers/buyers - Whether property passed when loading completed or documents transferred.

CHAPLIN v. BOYS

[1969] 2 Lloyd's Rep 487

Conflict of laws-Tort-Choice of law- Personal injury action between British residents in respect of tort committed abroad-Heads of damage-Damages for pain and suffering not recoverable under lex loci delicti-Whether English law or foreign law applicable-Consideration of rule in Phillips v. Eyre and "proper law of tort" doctrine.

FITZGERALD v. HALL RUSSELL & CO., LTD.

[1969] 2 Lloyd's Rep 514

Redundancy Payments Act, 1965-Period of continuous employment-Redundancy payment to welder-Whether interruption in employment was a "temporary cessation of work"-Contracts of Employment Act, 1963, Schedule 1, par. 5 (1) (b).

MARPOLE TOWING, LTD. v. BRITISH COLUMBIA TELEPHONE COMPANY AND OTHERS (THE "CHUGAWAY II")

[1969] 2 Lloyd's Rep 526

Limitation of liability-"Actual fault or privity"-Collision between tow and bridge -Practice of calculating clearance by counting planks on previous bridge- Tugmaster over-estimated height of bridge above flood-Duty of tug-owners to instruct master in matters of navigation. Crown-Crown prerogative-Application to statute-Whether limitation sections of Canada Shipping Act, R.S.C., 1952, take away cause of action vested in Crown- Whether restriction of Crown's prerogative.

FIRCHUK AND FIRCHUK (TRADING AS ATLAS TEXTILE WHOLESALE) v. WATERFRONT CARTAGE, DIVISION OF WATERFRONT INVESTMENTS AND CARTAGE, LTD.

[1969] 2 Lloyd's Rep 533

Carriage of goods-Non-delivery of carton- Limitation clause in contract-Customer ignorant of clause-Whether fundamental breach-Alleged trade usage-Whether carrier liable in full for loss.

ENCYCLOPAEDIA BRITANNICA, INC. v. THE "HONG KONG PRODUCER" AND UNIVERSAL MARINE CORPORATION

[1969] 2 Lloyd's Rep 536

United States-Bill of lading-Sea-water damage to cargo stowed on deck-Short form bill of lading not mentioning on-deck stowage-Terms of regular form incorporated into short form by reference. United States-Carriage by sea-Clause lessening liability of carrier-Alleged trade custom-Carrier liable in full-U.S. Carriage of Goods by Sea Act, 1936.

HOBBS PADGETT & CO. (REINSURANCE), LTD. v. J. C. KIRKLAND, LTD., AND KIRKLAND

[1969] 2 Lloyd's Rep 547

Arbitration-Arbitration clause-Contract between insurance brokers-"Suitable Arbitration Clause"-Whether valid submission to arbitration-Arbitration Act, 1950.

MARTIN v. TURNER

[1969] 2 Lloyd's Rep 551

Practice-Dismissal of action for want of prosecution-Personal injury action-Delay due to plaintiff's failure to co-operate with his solicitors-Whether due to neurotic condition caused by accident-No alternative remedy against solicitors.

THE "LINDE"

[1969] 2 Lloyd's Rep 556

Collision-Fog-Radar-Excessive speed- Look-out-Failure to make proper use of radar-Alterations of course before sighting -Collision Regulations, 1965, Rules 15, 16, 27 and 29 and Annex.

STUPPLE v. ROYAL INSURANCE COMPANY, LTD. STUPPLE v. SAME

[1969] 2 Lloyd's Rep 570

Evidence-Admissibility-Evidence in criminal trial-Subsequent civil action for recovery of money paid to insurers of stolen money- Conviction as evidence in civil action- Admissibility of evidence on conduct of criminal trial-Admissibility of letters about evidence at criminal trial-Civil Evidence Act, 1968, Sects. 2, 4 and 11[1].

BELSFIELD COURT CONSTRUCTION COMPANY, LTD. v. PYWELL

[1969] 2 Lloyd's Rep 588

Arbitration-Award-Motion to set aside- Alleged mathematical errors in award- Whether pleadings incorporated in award- Whether pleadings may be looked at by Court.

BARRACUDA TANKER CORPORATION AND UNION OIL COMPANY OF CALIFORNIA v. UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, REPUBLIC OF FRANCE, AND STATES OF GUERNSEY (THE "TORREY CANYON")

[1969] 2 Lloyd's Rep 591

United States-Limitation of liability-Damage caused by discharge of crude oil from vessel-Vessel chartered under time charter-party -Time charterers right to limit liability-46 U.S.C., Sects. 183 to 189[1].

CLOUDFOAM, LTD., AND FEDERAL BY-PRODUCTS CORPORATION v. TORONTO HARBOUR COMMISSIONERS

[1969] 2 Lloyd's Rep 594

Canada-Discharge of goods by harbour authority-Goods damaged-Whether action statute-barred-Whether harbour authority was public authority-Toronto Harbour Commissioners Act, 1911-Ontario Public Authorities Protection Act, R.S.O., 1960, cap. 318, Sect. 11.

PRACTICE DIRECTION

[1969] 2 Lloyd's Rep 600

Notice is given of the following new Direction as to Procedure relating to Applications to the House of Lords direct from the High Court of Justice in England and Wales, or from the High Court of Justice in Northern Ireland, under Part II of the Administration of Justice Act, 1969:

PRACTICE DIRECTION

[1969] 2 Lloyd's Rep 601

Hearing of summonses in patent actions.

HENDERSON v. HENRY E. JENKINS & SONS AND EVANS

[1969] 2 Lloyd's Rep 603

Negligence-Duty of care-Latent defect- Failure of lorry's brakes due to corrosion of hydraulic pipe-Burden of proof-Corrosion not visible on examination of pipe in situ- Evidence that lorry had been regularly maintained-Whether reasonable care taken by owners of lorry.

CAR OWNERS' MUTUAL INSURANCE COMPANY, LTD. v. TREASURER OF THE COMMONWEALTH OF AUSTRALIA

[1969] 2 Lloyd's Rep 614

Australia - Insurance - Parent and wholly owned subsidiary companies carrying on insurance business in Australia - Deposit maintained by both companies - Claim by subsidiary company for return of deposit - Discretion of Treasurer of Commonwealth of Australia to refuse payment - (Australian) Insurance Act, 1932-1960, Sect. 14.

SAYLE v. COOKSEY

[1969] 2 Lloyd's Rep 618

Practice-Action-Dismissal for want of prosecution-Personal injury action- Delay by plaintiff's solicitors pending arbitration between defendant and his insurers-Whether delay inexcusable- Further delay in obtaining medical report -Whether defendant seriously prejudiced.

SPRIGGS v. NORRARD TRAWLERS, LTD.

[1969] 2 Lloyd's Rep 627

Practice - Action - Dismissal for want of prosecution - Personal injury action by trawler deck-hand - Delay - Difficulties in obtaining evidence - Whether delay inexcusable-Whether delay waived by request for notice to prosecute.

THE "EL HASSANI" THE "IBENDAOUD"

[1969] 2 Lloyd's Rep 630

Admiralty practice-Appraisement and sale- Variation of order for priorities-R.S.C., Order 75, r. 22(2)1.

MULLARD v. BEN LINE STEAMERS, LTD., AND W. BADGER, LTD.

[1969] 2 Lloyd's Rep 631

Shipbuilding and Ship-repairing Regulations, 1960-Lighting-Protection of openings- Safe means of access-Boilermaker injured in fall through unguarded hatch opening in unlighted hatch-Whether means of access unlikely to be used by employees-Liability of shipowners and employers-Whether plaintiff contributorily negligent-Regulations 6, 26 and 69.

VANCOUVER TUG BOAT COMPANY, LTD. v. SOOKE FOREST PRODUCTS, LTD.

[1969] 2 Lloyd's Rep 634

Bad berth-Sinking of moored scow-Claim against bailee/berth owner Cause of sinking -Liability of berth owner.

CABOT CORPORATION ET AL. v. THE "MORMACSCAN", MOORE-McCORMACK LINES, INC., AND JOHN W. McGRATH CORPORATION1

[1969] 2 Lloyd's Rep 638

United States-Carriage by sea-"Carrier" defined in bill of lading as including "all persons rendering services in connection with . . . this contract"-Carrier entitled to limit liability to $500 per package-Cargo dropped by stevedores onto plaintiffs' cargo already stowed-Whether stevedores could rely on limitation provision in bill of lading.

UNITED STATES OF AMERICA v. THE "MARILENA P." AND MARILENA COMPANIA NAVIERA S.A.

[1969] 2 Lloyd's Rep 641

United States-Carriage by sea-Time charter-party-Vessel chartered to proceed to South Vietnam-Refusal of crew to sail -Unseaworthiness-Whether charterers entitled to cancel charter-party-Strike clause-United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, Sect. 1304) partly incorporated into charter-party.

Lloyd's Law Reports