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YORK PRODUCTS PTY. LTD. v. GILCHRIST WATT AND SANDERSON PTY. LTD.

[1970] 2 Lloyd's Rep 1

Bailment-Stevedore-cargo unloaded by stevedores and stowed in shed-One case missing -Whether stevedores owed duty of care as sub-bailees-Whether stevedores could rely on exemption clause in bill of lading.

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

[1970] 2 Lloyd's Rep 14

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 under 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 (forming part of continuous dealing) to be taken into account- Sale of Goods Act, 1893, sect. 51(3).

PALMCO SHIPPING INC. v. CONTINENTAL ORE CORPORATION (THE "CAPTAIN GEORGE K.")

[1970] 2 Lloyd's Rep 21

Charter-party-Frustration-Closure of Suez Canal in 1967-Voyage via Cape of Good Hope instead of Suez Canal-Whether excess freight payable.

BRAZENDALE & CO. LTD. v. SAINT FRERES S.A.

[1970] 2 Lloyd's Rep 34

Arbitration-Arbitration clause-Stay of action -Sale of goods-Conflicting provisions as to arbitration in sellers' sold notes and buyers' order forms-Claim by buyers on letters of indemnity and for breach of contract- Whether claim for breach of contract should be stayed under Arbitration Act, 1950, sect. 4 (1)-Applicability of sect. 4 (2)- Meaning of "between parties, subject . . . to the jurisdiction of different Contracting States" -Arbitration Act, 1950, first schedule, art. 1. Conflict of laws-French company having registered place of business in London- Dispute with English company on agreement for sale of goods-Applicability of protocol on arbitration clauses, Arbitration Act, 1950, first schedule.

MAREDELANTO COMPANIA NAVIERA S.A. v. BERGBAU-HANDEL G.m.b.H. (THE "MIHALIS ANGELOS")

[1970] 2 Lloyd's Rep 43

Charter-party - Cancellation - Chartered vessel "expected ready to load . . . 1st July 1965" - Whether condition or warranty - No reasonable grounds for such expectation - Cancellation by charterers on July 17 owing to inability to obtain cargo - Impossibility of vessel reaching loading port by July 20 which was cancelling date - Whether charterers entitled to cancel before July 20 - Whether only nominal damages claimable by owners. Damages - Contract - Anticipatory breach -Cancellation of charter-party due to inability to obtain cargo - No loss by owners - Whether only nominal damages claimable.

MORRIS v. LYONESSE SALVAGE COMPANY LTD. (THE "ASSOCIATION" AND THE "ROMNEY")

[1970] 2 Lloyd's Rep 59

Salvage - Sunken wreck - Salvage operations in deep water - Whether salvor in possession - Salvage rights granted by wreck's owners - Whether rights infringed - Whether interlocutory injunction should be continued. Injunction - Interlocutory injunction - Right in wreck granted to two salvors - Alleged infringement of rights of first salvor by third party (salvage company controlled by partner in second salvage firm) - Whether interlocutory injunction should be continued - Balance of convenience.

L. S. HARRIS TRUSTEES LTD. (TRADING AS L. S. HARRIS & CO.) v. POWER PACKING SERVICES (HERMIT ROAD) LTD.

[1970] 2 Lloyd's Rep 65

Agency - Termination - Breach of confidence - Disclosure (to third party) by fire assessors of principals' insurance policy - Whether principals entitled to terminate agency.

GRAY AND GRAY v. BARR PRUDENTIAL ASSURANCE COMPANY LTD. (THIRD PARTY)

[1970] 2 Lloyd's Rep 69

Insurance-Accident-Legal liability-Shotgun unintentionally fired by defendant causing fatal injuries to G. - Violence threatened by defendant to G. before fatal shot - Defendant acquitted of murder/manslaughter - Liability of defendant to G.'s estate - Whether shooting an "accident" and covered by personal liability insurance - Whether public policy barred recovery. Damages - Fatal accident - Deceased husband living apart from family - Effect on dependency - Whether estate passing on intestacy should be deducted.

CANADIAN GENERAL ELECTRIC COMPANY LTD. v. THE "LAKE BOSOMTWE" AND PICKFORD & BLACK LTD.

[1970] 2 Lloyd's Rep 81

Carriage by sea - Damage to cargo - Liability of stevedores - Alleged defective stowage - Applicability of res ipsa loquitur - Effect of certificate by port warden that stow was proper - Whether stevedores protected under bill of lading clauses.

WOODWARD STORES LTD. v. THE "CANADIAN STAR" AND BLUE STAR LINE LTD.

[1970] 2 Lloyd's Rep 86

Canada - Bill of lading - Short delivery -Liability of carrier-Goods discharged into warehouse-Whether bill of lading extended to cover goods while in warehouse.

TOKIO MARINE & FIRE INSURANCE COMPANY LTD. v. RETLA STEAMSHIP COMPANY

[1970] 2 Lloyd's Rep 91

United States-Bill of lading-Damage to cargo -Rust clause in bill of lading restricting statement of "Apparent good order and condition"-Whether carrier estopped from showing rust damage to steel pipes was of pre-shipment origin-Whether bill of lading clause invalidated under U.S. Carriage of Goods by Sea Act, 1936 (46 U.S.C., sect. 1300 - 1315).

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

[1970] 2 Lloyd's Rep 99

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 the Vessel carrying the goods" and providing that any dispute should be settled by arbitration in London-Whether arbitration clause decisive as to 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 the Vessel carrying the goods" and providing that any dispute should be settled by arbitration in London - Whether English law proper law of contract.

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

[1970] 2 Lloyd's Rep 121

Shipbuilding and Ship-repairing Regulations, 1960 - Protection of openings - Lighting - Safe means of access - Riveter 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 - - Apportionment of blame - Regulations 6, 26 and 69.

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

[1970] 2 Lloyd's Rep 127

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.

BRITISH STEEL CORPORATION v. NATIONAL DOCK LABOUR BOARD NATIONAL DOCK LABOUR BOARD v. BRITISH STEEL CORPORATION

[1970] 2 Lloyd's Rep 137

Dock-Dock labour scheme-Meaning of "Dock estate"-Whether discharge of iron ore from ship to stock-yard from new jetty and harbour at Port Talbot, not previously performed by registered dock workers, was "dock work" - Meaning of "Discharging from ship"-Whether 1967 scheme applied only to dock estate at Port Talbot as existing in 1947-British Transport Docks Act, 1964, sect. 28-Dock Workers (Regulation of Employment) (Amendment) Order, 1967, schedule 2.

LODZA COMPANIA DE NAVIGACIONE S.A. v. GOVERNMENT OF CEYLON (THE "THERAIOS")

[1970] 2 Lloyd's Rep 142

Charter-party-Dispatch money-Calculation of lay-days-Five cargo hatches-Meaning of "120 metric tons per hatch".

CLAY v. SOUTH COAST SHIPPING COMPANY LTD.

[1970] 2 Lloyd's Rep 146

Master and servant - Safe system of working - Boatswain's finger trapped in winch - Winch drum out of sight of operator - Whether plaintiff contributorily negligent - Liability of employers.

THE "STATUE OF LIBERTY"

[1970] 2 Lloyd's Rep 151

Collision - Crossing vessels - Duty on give-way vessel to take early and positive action - Duty on stand-on vessel to keep her course - Whether master at fault in failing to take compass bearings of approaching vessel - Failure to sound signals - Collision Regulations, 1960, rules 19, 21, 22 and 28; Steering and Sailing Rules.

FARRELL v. FEDERATED EMPLOYERS' INSURANCE ASSOCIATION LTD.

[1970] 2 Lloyd's Rep 170

Third Parties (Rights against Insurers) Act, 1930 - Employers' liability insurance - Judgment against employer obtained by injured employee - Judgment unsatisfied -Claim by employee against employers' liability insurers-Whether policy subject to condition: "Every . . . writ . . . shall be notified . . . immediately"-Whether breach of condition. Insurance-Policy condition-Proof of condition by insurers-Breach-Repudiation of liability -Whether insurers must be prejudiced - Whether waiver of right to rely on policy condition.

ROCKWELL MACHINE TOOL COMPANY LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE SAME v. SAME HANDLEY PAGE LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE AND ROCKWELL MACHINE TOOL COMPANY LTD.

[1970] 2 Lloyd's Rep 176

Customs (Import Deposits) Act, 1968-Import deposit - Repayment - Whether option on Customs to repay payer or person named in entry statement as payer-Estoppel-Whether entry statement created contractual relationship between Customs and importer - Whether importer or purchaser of goods was "person by whom import deposit was paid" - Sect. 1 (1), (2). Statute-Construction-Whether regard may be had to administrative inconvenience arising from construction.

DUNLOP RUBBER COMPANY LTD. v. WILLIAM PRESS & SON LTD.

[1970] 2 Lloyd's Rep 191

Contract - Fire damage to factory during contractors' welding operations - Liability of contractors. Negligence - Fire damage to factory during contractors' welding operations - Whether contractors' servants negligent.

SCHIOLER v. WESTMINSTER BANK LTD.

[1970] 2 Lloyd's Rep 195

Banking-Duty of care-Customer's liability for tax - Foreign dividend warrant sent to Guernsey branch-Warrant sent to England for realization in sterling-United Kingdom tax deducted-Liability of bank.

FABRI CO. INC. v. UNIVERSAL SHIPPING CORPORATION; JOHN W. McGRATH CORPORATION (THIRD PARTY)1

[1970] 2 Lloyd's Rep 201

United States-Carriage by sea-Bill of lading- Steel tubes shipped "in apparent good order and condition"-Delivered in rusty condition through being stored in open by stevedores- Liability of carrier to shipper-Liability of stevedores to carrier-United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1300, et seq.)-Harter Act, 1893 (46 U.S. Code, sect. 190, et seq.).

WASHBAY SHIPS' AGENTS & STEVEDORING COMPANY LTD. v. THE "BIAK" (OWNERS)

[1970] 2 Lloyd's Rep 205

Admiralty practice - Costs - Action in rem commenced in High Court - Proceeding within County Court jurisdiction - Whether costs on High Court scale should be allowed - County Courts Act, 1959, sect. 47.

LONDON AND OVERSEAS FREIGHTERS LTD. v. TIMBER SHIPPING COMPANY S.A.

[1970] 2 Lloyd's Rep 207

Charter-party-Time charter-party-Redelivery of vessel-Whether hire at charter rate continues until redelivery if vessel used by charterers after expiry date of charter- Whether charterers in breach and owners entitled to damages only. Arbitration-Award-Interest on award-Power of arbitrators to award reasonable interest on sum awarded-Arbitration Act, 1950, sect. 20 -Whether award in excess of arbitrators' powers should be remitted for further award.

THE "BANCO" AND OTHER VESSELS

[1970] 2 Lloyd's Rep 230

Admiralty practice-Action in rem-Arrest of vessel-Whether plaintiff entitled only to arrest either vessel concerned with claim or any one other vessel in same ownership- Administration of Justice Act, 1956, sect. 3 (4)1-Brussels Convention, 1952. Statute-Construction-Statute passed to enact matters agreed at prior convention-Whether Court entitled to look at convention as aid to construction of statute.

SANKO STEAMSHIP COMPANY LTD. v. PROPET COMPANY LTD.

[1970] 2 Lloyd's Rep 235

Charter-party-Rate of freight Closure of Suez Canal in 1967-Voyage via Cape of Good Hope instead of Suez Canal-Basis for calculating correct rate of freight payable- International Tanker Nominal Freight Scale- Meaning of "as amended".

EUROPEAN GRAIN & SHIPPING LTD. v. J. H. RAYNER & CO. LTD.

[1970] 2 Lloyd's Rep 239

Sale of goods (c.i.f.)-Shipment delayed by strike-Effect of force majeure clause- Whether sellers entitled to benefit of extension -Impossibility of performance by alternative means not proved-Cattle Food Trade Association (Inc.) contract form no. 6.

LEONG BEE & CO. v. LING NAM RUBBER WORKS

[1970] 2 Lloyd's Rep 247

Negligence - Nuisance - Fire - Foreseeable risk - Duty to take care - Fire spreading from premises occupied only by night-watchman to adjacent building - Fire hazard - Claim in negligence and nuisance - Whether duty of care owed to owners of adjoining building.

THE "ANNEFIELD"1

[1970] 2 Lloyd's Rep 252

Bill of lading - Arbitration clause in charter-party - "All disputes . . . arising out of this contract"-Whether incorporated into bills of lading issued under charter-party - Whether action in rem should be stayed - Discretion of Court - Whether action time barred - Arbitration Act, 1950, sect. 4.

ASTRO VENCEDOR COMPANIA NAVIERA S.A. v. MABANAFT G.m.b.H.

[1970] 2 Lloyd's Rep 267

Arbitration - Arbitration clause - Charter-party providing "Any dispute arising during execution of this Charter-Party" - Award by umpire of damages for alleged wrongful arrest of vessel - Whether arrest after execution of charter-party within ambit of arbitration clause - Whether award in excess of umpire's jurisdiction.

CHOWDHURY v. MITSUI O.S.K. LINES LTD. AND OTHERS SIDDIQUE v. SCANDINAVIAN JOINT SERVICE AND OTHERS EASTERN FEDERAL UNION INSURANCE COMPANY LTD. v. HOLLAND BENGAL BURMA LINE AND OTHERS

[1970] 2 Lloyd's Rep 272

Pakistan - Bill of lading - Jurisdiction clause giving exclusive jurisdiction to foreign Court- Whether enforceable in Pakistan - Whether jurisdiction of Pakistan Court ousted - Applicability of Contract Act, 1872, sect. 28 -Meaning of "usual legal proceedings in the ordinary tribunals."

THE "MARINE SULPHUR QUEEN"

[1970] 2 Lloyd's Rep 285

United States - Limitation of liability Inexplicable loss of molten sulphur carrier with her crew and cargo - Vessel converted from all-welded T-2 tanker - Conversion approved by U.S. Coast Guard and American Bureau of Shipping - Alleged non-compliance with American Bureau of Shipping standards - Whether seaworthiness proved by owner and demise charterer - Privity or knowledge - Liability of conversion designer and time charterer - Whether owner/demise charterer negligent in exceeding optimum tonnage figure - Jones Act (46 U.S. Code, sect. 688); Carriage of Goods by Sea Act (46 U.S. Code, sect. 1300).
United States - Marine insurance - Waiver of subrogation clause - Whether assured (cargo-owner) "affiliated and/or associated and/or allied" with shipowner - Whether vessel "chartered" by assured.

THE "ESSO WANDSWORTH"

[1970] 2 Lloyd's Rep 303

Collision - River - Fog - Starboard-hand rule - Defective radar and visual look-out - Alleged excessive speed and failure to take early avoiding action - Port of London River By-laws, 1938 and 1958, by-law 34.

BABATSIKOS v. CAR OWNERS' MUTUAL INSURANCE COMPANY LTD.

[1970] 2 Lloyd's Rep 314

Australia - Motor insurance - Proposal form containing "basis" clause - Untrue answer to question - Non-disclosure - Misrepresentation - Materiality - (Australian) Instruments Act, 1958, sect. 25 - Liability of insurer - Expert evidence in insurance cases.

EISENERZ G.m.b.H v. FEDERAL COMMERCE & NAVIGATION COMPANY LTD. AND HALIFAX OVERSEAS FREIGHTERS LTD.

[1970] 2 Lloyd's Rep 332

Canada - Carriage by sea - Damage to cargo - Mixing of pig-iron following grounding of vessel - Voyage charter-party and bills of lading - Carrier's obligation to keep cargo separate and provide a seaworthy ship - Whether overloading of vessel or negligence of pilot caused grounding - Effect of exception clause in charter-party - Liability of carrier and cargo-owner for acts of surveyor during general average operations - Whether loss due to general average operations part of general average loss - York-Antwerp Rules, 1950, rules XII and D. Canada - General average - Mixing of pig-iron - Whether surveyor appointed under general average act becomes agent of carrier and/or cargo-owners - Whether carrier absolved from responsibility for cargo during general average operations.

MACKIE v. THE "PEGGY DOREEN" (OWNER) (THE "PEGGY DOREEN")

[1970] 2 Lloyd's Rep 347

Admiralty practice - Action by mortgagee - Admission of mortgage in defence and counterclaim - Whether summary judgment should be given on grounds of admission - R.S.C., Order 27, r. 3.

BIRD v. KING LINE LTD.

[1970] 2 Lloyd's Rep 349

Negligence - Duty of care - Foreman scaler injured when he slipped on empty bottle on ship's deck - Liability of shipowners - Whether contributory negligence - Occupiers' Liability Act, 1957.

WARNER v. ROYAL MAIL LINES LTD.

[1970] 2 Lloyd's Rep 353

Master and servant - Duty of care - Cadet struck by swinging hatch board - Hatches being uncovered by inexperienced cadets - Liability of shipowner. Damages - Personal injuries - Assessment - Chronic osteomyelitis.

GEGGUS v. P.C. 455 (PORT OF LONDON AUTHORITY POLICE)

[1970] 2 Lloyd's Rep 363

Port of London Act, 1968 - Detention by constable within port police area - Whether right of detention by police arises where suspected person not stopped and searched - Meaning of "in possession" - Sect. 157 (1), (2).

PANAMANIAN ORIENTAL STEAMSHIP CORPORATION v. WRIGHT

[1970] 2 Lloyd's Rep 365

Marine insurance - Confiscation of vessel - Lloyd's policy - F.c. and s. clause deleted - Institute War and Strikes Clauses (Hulls-Time) incorporated - Vessel seized by Vietnamese authorities for carrying unmanifested goods - Confiscation of vessel ordered by Special Court - Whether loss by "restraint of people" and/or "barratry" - Validity of notice of abandonment - Whether vessel "constructive total loss" or "actual total loss" - Whether loss fell within exception clause - Marine Insurance Act, 1906, sects. 57 (1), 60 (2) (ii) and 62 (2), schedule 1, rule 10 of Rules for Construction of Policy.

ROSA AND OTHERS v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (THE "BELLE OF PORTUGAL")1

[1970] 2 Lloyd's Rep 386

United States - Marine insurance - Loss of fishing vessel, skiff and cargo - Perils insured against - Fire due to electrician's negligence - "Inchmaree" clause - Negligence of "mariners" - Attachment of risk - Failure to report amount of catch of fish.

GOULART v. TRANS-ATLANTIC MARINE INC. AND ENOS

[1970] 2 Lloyd's Rep 389

United States - Marine insurance - Fisherman excluded from coverage of protection and indemnity policies - Loss of livelihood - Conspiracy - Exclusion justified.

H. COUSINS & CO. LTD. v. D. & C. CARRIERS LTD.

[1970] 2 Lloyd's Rep 397

Marine insurance - Insured goods lost by third party's fault - Assured indemnified by insurers - Subrogation - Insurers' right to claim value of goods and interest from third party - Marine Insurance Act, 1906, sect. 79 (1). Interest - Plaintiff indemnified by insurer for loss of goods - Court's discretion to make award - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1).

SAMEIET STAVOS (O. H. MELING REDERI) v. THE "BEROSTAR" (OWNERS)

[1970] 2 Lloyd's Rep 403

Admiralty practice - Payment of wage arrears by mortgagees - Application for leave - Reimbursement - Priorities.

WOODS v. THE "SHELL-MEX 3" (OWNERS)

[1970] 2 Lloyd's Rep 403

Admiralty practice - Motion for appraisement and sale pendente lite - Whether summons should be before Registrar or Judge in open Court.

SALAMIS SHIPPING (PANAMA) S.A. v. EDM. VAN MEERBEECK & CO. S.A. (THE "ONISILOS")

[1970] 2 Lloyd's Rep 405

Carriage by sea - Charter-party - Gencon general strike clause-Strike preventing vessel from discharging-Whether half demurrage payable after strike ended. Arbitration - Award - Costs - Whether open to Court to interfere with award of costs on hearing of special case.

ZIM ISRAEL NAVIGATION COMPANY LTD. v. TRADAX EXPORT S.A. (THE "TIMNA")

[1970] 2 Lloyd's Rep 409

Charter-party - Demurrage - Failure by charterers to nominate port of discharge - Port selected by master - Whether vessel "arrived ship" - Whether damages for detention payable - Measure of damages - Baltimore Form C charter-party.

E. D. & F. MAN v. SOCIETE ANONYME TRIPOLITAINE DES USINES DE RAFFINAGE DE SUCRE

[1970] 2 Lloyd's Rep 416

Arbitration - Award - Enforcement - Admission of cross-claim by successful claimant in arbitration proceedings - Whether leave should be given to enforce award as a judgment - Arbitration Act, 1950, sect. 26.

NEWALL v. TUNSTALL.

[1970] 2 Lloyd's Rep 417

Practice - Interest - Payment into Court before trial of personal injury action - Application for order to take out money - Whether order equivalent to a judgment - Power of Court to award interest on money paid in - Law Reform (Miscellaneous Provisions) Act, 1934, sect. 3 (1), (1A) - Administration of Justice Act, 1969, sect. 22 - R.S.C., Order 22, rr. 1, 2 and 5.

STOLBERG v. PEARL ASSURANCE COMPANY LTD.

[1970] 2 Lloyd's Rep 421

Canada - Insurance - Policy - Liability for bodily injury and death-Liability in respect of employees of "Insured" excluded - Claim by one of four insureds in respect of injury to and death of employee of another insured- Whether claim excluded - Meaning of "Insured".

CANADIAN GENERAL ELECTRIC COMPANY LTD. v. THE "LAKE BOSOMTWE" AND PICKFORD & BLACK LTD. (THE "LAKE BOSOMTWE" (NO. 2))

[1970] 2 Lloyd's Rep 425

Canada - Damages - Interest - Successful action by plaintiff cargo-owner for "damages sustained by cargo" - Reference to Registrar of "damages and interest . . . the subject of dispute" - Whether Registrar entitled to award interest in respect of period prior to his report.

F. B. WALKER & SONS INC. v. VALENTINE AND OTHERS

[1970] 2 Lloyd's Rep 429

United States-Marine insurance-"Inchmaree" clause and "watchman" clause incorporated in policy - Sinking of tug - "Want of due diligence by assured" not established - Whether non-compliance with "watchman" clause - Insurers not liable.

BOXES LTD. v. BRITISH WATERWAYS BOARD

[1970] 2 Lloyd's Rep 434

Negligence - Nuisance - Duty of care - Foreseeable damage - Damage to factory premises adjoining canal operated by waterboard - Damage caused by barges hitting and being moored to canal wall due to congestion of traffic in canal - Escape of water from damaged wall into factory premises - Whether canal authority liable in negligence and/or nuisance - Applicability of rule in Rylands v. Fletcher - Lee Navigation Act, 1767, sect. 3 - Transport Act, 1962, sect. 10 - General Rules and By-laws for the regulation of the River Lee, by-laws 11, 13.

MUTUAL LIFE AND CITIZENS' ASSURANCE COMPANY LTD. AND THE M.L.C. LTD. v. EVATT

[1970] 2 Lloyd's Rep 441

Negligence - Duty of care - Gratuitous information and advice - Insurance company giving inquirer information and advice as to affairs of associated company - Whether duty of care owed to inquirer - Whether inquirer has cause of action.

BOWATERS UNITED KINGDOM PAPER COMPANY LTD. v. NATIONAL DOCK LABOUR BOARD

[1970] 2 Lloyd's Rep 453

Dock - Dock work - Work at riverside wharf carried out by waterside manufacturers - Whether work that of master stevedore within exemption (f) of Port Transport Work Scheme - Whether "dock work" within Docks and Harbours Act, 1966, sect. 58.

HANDLEY PAGE LTD v. COMMISSIONERS OF CUSTOMS AND EXCISE AND ROCKWELL MACHINE TOOL COMPANY LTD.

[1970] 2 Lloyd's Rep 459

Bill of exchange - Dishonour - Liquidation of acceptor - Purchase of hydraulic press (to be imported) - Import deposit required under later statute - Agreement that import deposit should be paid by sellers who would draw bills of exchange on buyers - Import deposit to be repaid to buyers - Whether implied condition of agreement that bills would be met - Claim by receiver of buyers for specific performance of agreement that import deposit would be repaid to buyers - Whether drawer of bills had set-off which could be relied upon in answer to claim for specific performance.

NORTH AND SOUTH TRUST COMPANY v. BERKELEY BERKELEY v. NORTH AND SOUTH TRUST COMPANY

[1970] 2 Lloyd's Rep 467

Agency - Insurance broker - Duties - Claim by assured submitted through broker-Broker instructed by underwriters to obtain assessor' report - Whether broker under duty to disclose information in report to assured - Effect of usage at Lloyd's. Custom - Usage - Practice at Lloyd's of underwriter acting through broker - Whether legally binding on assured.

IONIAN NAVIGATION COMPANY INC. v. ATLANTIC SHIPPING COMPANY S.A. (THE "LOUCAS N.")

[1970] 2 Lloyd's Rep 482

Charter-party - Time lost-"Gencon" form- "Centrocon" strike clause incorporated - Strike-bound port - Whether time lost by vessel in waiting for berth - Whether "time lost" provisions independent of "laytime" provisions in charter-party.

Lloyd's Law Reports