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JUGOSLAVENSKA OCEANSKA PLOVIDBA v. CASTLE INVESTMENT CO. INC.

[1973] 2 Lloyd's Rep 1

Arbitration - Award - Enforcement - English award expressed in foreign currency - Whether enforceable in the same manner as judgment - Arbitration Act, 1950, sects. 26, 36 (1).

NATIONAL DOCK LABOUR BOARD v. W. S. BARCHARD & SON LTD.

[1973] 2 Lloyd's Rep 16

Dock - Dock work - Discharge of timber at Bankside Wharf, River Hull - "Handling" by timber importers at saw mill - Whether work performed by regular employees - Docks and Harbours Act, 1966, sect. 51 - Dock Workers (Regulation of Employment) (Amendment) Scheme, 1967, par. 8.

ASHMORE, BENSON, PEASE & CO. LTD. v. A. V. DAWSON LTD.

[1973] 2 Lloyd's Rep 21

Contract - Illegality - Overweight goods loaded on lorry in breach of regulations - Goods damaged - Liability of lorry owners - Whether owners of goods party to illegality - Road Traffic Act 1960, sect. 64 (2) - Motor Vehicles (Construction and Use) Regulations, 1966, reg. 73 (2).

MORRIS v. FORD MOTOR CO. LTD.; CAMERON INDUSTRIAL SERVICES LTD. (THIRD PARTY); ROBERTS (FOURTH PARTY)

[1973] 2 Lloyd's Rep 27

Contract - Indemnity - Subrogation - Plaintiff employed by third party injured by fork-lift at defendants' factory - Fork-lift driver employed by defendants - Contract by third party to clean defendants' factory - Clause imposing liability on third party for all accidents - Settlement by defendants with plaintiff - Defendants reimbursed by third party - Whether third party subrogated to defendants' rights against driver. Subrogation - Whether right expressly or impliedly excluded.

FAIRLEY v. JOHN THOMPSON (DESIGN AND CONTRACTING DIVISION) LTD.

[1973] 2 Lloyd's Rep 40

Damages - Personal injury - Steel erector - Compensation for loss of earning capacity - Damages for loss of earnings - Necessity for proof of loss.

KONINKLIJKE BUNGE v. COMPAGNIE CONTINENTALE D'IMPORTATION

[1973] 2 Lloyd's Rep 44

Sale of goods (c.i.f.) - Late delivery of corn by sellers - Strike of men at elevators - Whether sellers could rely on strike clause - Possibility of alternative means of performance of contract - L.C.T.A. contract form no. 30.

L. SCHULER A. G. v. WICKMAN MACHINE TOOL SALES LTD.

[1973] 2 Lloyd's Rep 53

Contract - Condition - Breach - Distributorship agreement relating to panel presses - "Condition" that distributors must pay weekly visits to car manufacturers to solilcit orders - Whether other party could terminate agreement if this "condition" broken - Construction of word "condition" - Intention of parties. Contract - Construction - Whether subsequent conduct by parties could be relied on to construe contract.

THE "ESSO BRUSSELS"

[1973] 2 Lloyd's Rep 73

Collision - Fog - Canal - Collision between anchored vessel and following vessel - Whether following vessel should have appreciated that vessel was anchoring ahead - Whether anchored vessel should have sounded attention signals - Alleged failure to properly use radar - Lower Scheldt Shipping Regulations, arts. 2 (3), 23 (2), 47, 48 (1) (4), 49.

OLEARIA TIRRENA S.p.A. v. N.V. ALGEMEENE OLIEHANDEL (THE "OSTERBEK")

[1973] 2 Lloyd's Rep 86

Sale of goods (f.o.b.) - Waiver - Buyers' failure to nominate vessel by time stated in contract -Whether time of essence-Whether sellers entitled to repudiate contract and claim for storage charges - London Oil and Tallow Trades Association contract no. 43.

SCHOTHORST AND SCHUITEMA v. FRANZ DAUTER G.m.b.H. (THE "NIMROD")

[1973] 2 Lloyd's Rep 91

Practice - Writ - General average - Shipowners' vessel towed into port on Dec. 17, 1962 - General average statement issued on May 21, 1965 - Writ issued by shipowners on Dec. 16, 1968, claiming general average contribution from indorsees of bills of lading - Leave to serve writ out of jurisdiction on indorsees granted on May 19, 1971 - Order extending validity of writ made on May 11, 1972 - Whether leave should have been granted - Whether extension of writ should have been granted - Factors to be considered - R.S.C., Order 6, r. 8 (2), Order 11.

ERNEST SCRAGG & SONS LTD. v. PERSEVERANCE BANKING AND TRUST CO. LTD.

[1973] 2 Lloyd's Rep 101

Sale of goods - Order from "banking company" signed by company itself - "Net cash against documents" - Bill of exchange and bill of lading sent by seller to company - Bill of exchange not accepted - Bill of lading forwarded by company to third party - Whether company personally liable for price and conversion of bill of lading. Principal and agent - Order form signed "for and on behalf of" company - Whether company personally liable. Rectification - Circumstances in which rectification ordered by Court. Damages - Conversion - Bill of lading forwarded to third party by buyer - Price not paid to seller - Quantum of damages claimable by seller of goods.

ARENSON v. ARENSON AND CASSON, BECKMAN, RUTLEY & CO.

[1973] 2 Lloyd's Rep 104

Negligence - Auditor - Valuation by auditor of shares to be sold by one shareholder to another - Whether auditor acting as expert - Valuation alleged to be negligent - Whether auditor immune from liability for damages for negligence - Whether statement of claim should be struck out.

SUTCLIFFE v. THACKRAH AND OTHERS

[1973] 2 Lloyd's Rep 115

Contract - Building contract - Breach - Architect employed by building owner - Issue of interim certificate under R.I.B.A. contract - Sum due to building contractor negligently over-certified - Whether architect acted as arbitrator only - Immunity of architect - R.I.B.A. Contract (1963 ed.). Architect - R.I.B.A. form - Interim certificates - Incorrect sums certified - Liability of architect.

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")

[1973] 2 Lloyd's Rep 124

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 - Hague Rules, art. VII.

DONNELLY v. JOYCE

[1973] 2 Lloyd's Rep 130

Damages - Quantum - Negligence - Plaintiff, aged 6, injured in road accident - Need to wear surgical boot - Inability to play games - Mother gave up job to look after him - Whether mother's loss of earnings recoverable by plaintiff as special damages.

BURNETT v. BRITISH WATERWAYS BOARD

[1973] 2 Lloyd's Rep 137

Negligence - Volenti non fit injuria - Barge being towed into dock - Lighterman on barge injured by broken rope - Notice at dock entrance exempting dock owners from liability to lightermen - Negligence admitted by dock owners - Whether absolved from liability by exemption notice.

PEARN v. SARGENT

[1973] 2 Lloyd's Rep 141

Docks and Harbours - Looe Harbour - Regatta - Harbour master's direction prohibiting all movement of other vessels in harbour while regatta in progress - Whether direction ultra vires - Harbours, Docks, and Piers Clauses Act, 1847, sect. 52 - Looe Harbour by-laws, 1966, by-law 3.

RICHMOND SHIPPING LTD. v. AGRO CO. OF CANADA LTD. (THE SIMONBURN (No. 2))

[1973] 2 Lloyd's Rep 145

Arbitration - Appointment of arbitrator - Expiry of time for appointment - Application for extension of time - Whether "undue hardship" would otherwise be caused - Principles to be applied - Arbitration Act, 1950, sect. 27.

BUNGE A. G. v. GIUSEPPE ROCCO & FIGLI (THE "ISTROS II")

[1973] 2 Lloyd's Rep 152

Sale of goods (c.i.f.) - Goods arrived in damaged condition and condemned by port authorities - Goods taken out to sea and dumped - Payment by buyers to owner of vessel for extra demurrage - Whether sellers liable to reimburse buyers.

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

[1973] 2 Lloyd's Rep 159

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.

DREW BROWN LTD. v. THE "ORIENT TRADER" AND OWNERS (THE "ORIENT TRADER")

[1973] 2 Lloyd's Rep 174

Canada - Bill of lading - Tin shipped at Penang for delivery at Hamilton, Ontario - Discharge of tin begun at Toronto - Hatch beam loose and propped up with rubber - Fire caused rubber to melt and coat tin - Whether shipowner liable - Vessel destroyed by fire - Whether general average contribution claimable by shipowner - Bill of lading incorporating U.S. Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1300) and U.S. Fire Statute (46 U.S. Code, sect. 182) - U.S. law to apply to contract - Whether vessel unseaworthy - Whether deviation went to root of contract - York-Antwerp Rules, 1950. General average - York-Antwerp Rules, 1950 - Deviation of vessel - Whether general average contribution claimable by shipowner.

THE "ATLANTIC STAR"

[1973] 2 Lloyd's Rep 197

Admiralty practice - Stay of proceedings - Lis alibi pendens - Collision in Belgium - Five actions arising out of collision pending against defendants in Antwerp Court - Whether action in rem commenced in England should be stayed - Balance of convenience - Whether action oppressive or vexatious - Whether plaintiff prejudiced or injustice to defendants - International comity - Principles on which discretion should be exercised - Brussels Convention, 1952, art. 1.

EVERETT v. HOGG, ROBINSON & GARDNER MOUNTAIN (INSURANCE) LTD.

[1973] 2 Lloyd's Rep 217

Principal and agent - Insurance broker - Broker instructed by reassured to effect reinsurance policy - Misrepresentation of material fact by broker - Liability repudiated by reinsurers for misrepresentation - Whether broker liable for negligence - Whether loss recoverable by reassured since reinsurers entitled to repudiate on other grounds - Whether compromise between reassured and reinsurers likely. Evidence - Burden of proof - Benefit of contract lost to plaintiff as a result of defendants' negligence - Whether burden of proof on defendant to show that contract would have been avoided by other party in any event.

CH. E. ROLIMPEX LTD. v. AVRA SHIPPING CO. LTD. (THE "ANGELIKI")

[1973] 2 Lloyd's Rep 226

Arbitration - Appointment of arbitrator - Charter-party containing arbitration clause and incorporating Hague Rules - Rules requiring arbitrator to be appointed within one year from delivery of cargo - Application for extension of time - Jurisdiction - Discretion of Court - Arbitration Act, 1950, sect. 27 - Hague Rules, art. III, r. 6.

COAST FERRIES LTD. v. CENTURY INSURANCE CO. OF CANADA AND OTHERS (THE "BRENTWOOD")

[1973] 2 Lloyd's Rep 232

Canada - Marine insurance - Time policy - Perils insured against - Loss by master's negligence covered by policy - No liability if loss caused by owners' "want of due diligence" - Vessel overloaded by master - Partial loss - Insufficient instructions about minimum freeboard given by owners - Whether loss fell within exception - Marine Insurance Act (R.S.B.C., 1960, cap. 231), sect. 41 (5).

PRACTICE DIRECTION

[1973] 2 Lloyd's Rep 235

Admiralty Registry.

WAYNE TANK & PUMP CO. LTD. v. EMPLOYERS' LIABILITY ASSURANCE CORPORATION LTD.

[1973] 2 Lloyd's Rep 237

Insurance (Public liability) - Proximate cause rule - Storage tank installed at plasticine mill by insured - Stearine to be pumped into tank through plastic pipe - Heating tape wrapped round pipe to keep stearine liquid - Current switched on by employee of insured - Installation left unattended - Pipe not capable of withstanding heat - Mill destroyed by fire - Exception of liability for loss "caused by nature . . . of any goods . . . sold or supplied by . . . Insured." - Whether switching on of current a novus actus interveniens - Whether insurers liable.

COMPANIA DE NAVIERA NEDELKA S.A. v. TRADAX INTERNATIONAL S.A. (THE "TRES FLORES")

[1973] 2 Lloyd's Rep 247

Charter-party (voyage) - Demurrage - Vessel found infested at loading port - Whether notice of readiness to load effective - Whether charterers under duty to inspect vessel - Synacomex form, clauses 6, 21. Arbitration - Award in form of special case - Reason for making non-speaking awards.

J. A. JOHNSTON CO. LTD. v. THE SHIP "TINDEFJELL", SEALION NAVIGATION CO. S.A. AND CONCORDIA LINE A/S (THE "TINDEFJELL")

[1973] 2 Lloyd's Rep 253

Canada - Bill of lading - Cartons of shoes packed in two containers - Container and cartons discharged in damaged condition - Responsibility for damage admitted by carrier - Whether carrier could limit liability to Can. $500 for each container - Whether container a "package" or "customary freight unit" - Carriage of Goods by Water Act (R.S.C., 1970, cap. 15) schedule, art. IV, r. 5.

COMINCO LTD. v. BILTON

[1973] 2 Lloyd's Rep 261

Canada - Negligence - Cargo loaded on barges towed by tug employed by carriers - Barges moored at booming ground and left unattended - Barges sunk and cargo damaged - Whether tug master negligent - Whether liable in damages to cargo-owner.

NORTHWESTERN MUTUAL LIFE INSURANCE CO. v. LINARD, EDINBURGH ASSURANCE CO. LTD., UTICA MUTUAL INSURANCE CO., STUYVESANT INSURANCE CO., TRAVELLERS INDEMNITY CO., AND VAINQUEUR CORPORATION (THE "VAINQUEUR")

[1973] 2 Lloyd's Rep 275

United States - Marine insurance - Loss of insured vessel after explosion - Whether loss by perils insured against or by scuttling - Burden of proof.

E. L. OLDENDORFF & CO. G.m.b.H. v. TRADAX EXPORT S.A. (THE "JOHANNA OLDENDORFF")

[1973] 2 Lloyd's Rep 285

Charter-party (Voyage) - Laytime - Vessel reaching Bar anchorage at Liverpool/Birkenhead - Whether vessel an "arrived ship" - Effect of words "whether in berth or not".

THE "KONINGIN JULIANA"

[1973] 2 Lloyd's Rep 308

Collision - Narrow channel - Meaning of "narrow channel" and "mid-channel" - Failure of vessel to keep to proper side - Failure to indicate change of course - Harwich Harbour Conservancy Board By-Laws, 1954 - Collision Regulations, rule 25 (a).

THE "ADOLF LEONHARDT"

[1973] 2 Lloyd's Rep 318

Collision - Narrow channel - River Maas - Vessel's failure to keep to own side of channel - Failure by other vessel to reduce speed and give her more room - Collision Regulations, 1960, rules 25, 27, 28 and 29 - Vaarreglement (i.e. local collision regulations) arts. 20, 27, 28.

GULF & FRASER FISHERMENS' UNION v. CALM C. FISH LTD. PHILLIPSON, DOVING, O'BRIEN AND O'BRIEN (THE "CALM C")

[1973] 2 Lloyd's Rep 327

Sale of ship - Fishing vessel - Plaintiff mortagee in possession - Deficiency in proceeds of sale - Plaintiff's failure to meet required standards of sale - Whether defendant entitled to off-set losses caused by plaintiff. Mortgage of ship - Sale of ship - Standard of care required of mortgagee in possession.

PRACTICE DIRECTION

[1973] 2 Lloyd's Rep 330

County Court - Arbitration - Reference of proceedings to arbitration - Terms of order - List of suggested terms - Notice if departure from terms listed contemplated - County Courts Act, 1959, sect. 92 (as amended by the Administration of Justice Act, 1973, sect. 7) - C.C.R. Order 19, r. 1 (2) (as amended by the County Court (Amendment No. 3) Rules, 1973 (S.I. 1973 no. 1412), r. 4).

PRACTICE DIRECTION

[1973] 2 Lloyd's Rep 331

Conference rooms at Somerset House

HENRIKSENS REDERI A/S v. T.H.Z. ROLIMPEX (THE "BREDE")

[1973] 2 Lloyd's Rep 333

Charter-party (voyage) - Freight payable on delivery - Cargo damaged - Whether charterer could set off amount of damage against shipowner's claim for freight - Whether action statute-barred - Hague Rules, art. III, r. 6 - Limitation Act, 1939, sect. 28 - Gencon form.

THE "FROSTA"

[1973] 2 Lloyd's Rep 348

Collision - Overtaking vessel - Vessel's steering gear jammed causing collision with other vessel in open sea - Whether she had overtaken vessel at too close a distance - Whether "not-under-command" lights properly exhibited - Whether other vessel at fault - Collision Regulations, 1960, rules 23, 24.

OSCAR L. ARONSEN INC. v. COMPTON AND OTHERS (THE "MEGARA")

[1973] 2 Lloyd's Rep 361

United States - Marine insurance - Insurance of anticipated charter profits by charterer of vessel - Indemnity for loss of profits where vessel was "compromised or arranged total loss" - Claim by vessel's owner for constructive total loss - Claim abandoned and settled as partial loss - Whether charterer entitled to indemnity.

PETER CREMER, WESTFAELISCHE CENTRAL GENOSSENSCHAFT G.m.b.H. AND INTERGRAAN N.V. v. GENERAL CARRIERS S.A. (THE "DONA MARI")

[1973] 2 Lloyd's Rep 366

Carriage by sea - Bill of lading - Tapioca shipped in moist condition - Mate's receipts stating goods "not quite dry" - Statement in bills of lading that goods "shipped in good condition" - Delivery orders in same terms - Whether shipowners estopped from disputing condition of goods - Effect of term in contract of sale between shippers to indorsees that analyst's certificate to be conclusive of condition - Cattle Food Trade Association contract form 15. Commercial Court - Practice - Interest - Rate to be awarded - Matters to be considered.

HANSEATIC SHIP MANAGEMENT LTD. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION (THE "SAMOSSAND")

[1973] 2 Lloyd's Rep 379

Trade union - Vessel in Swedish port "blacked" by Swedish Seamen's Union - Union affiliated to International Federation - Order sought by vessel's managers for federation to refrain from directing union to "black" vessel - Whether "unfair industrial practice" - Whether "industrial dispute" - Whether federation responsible for union's action - Industrial Relations Act, 1971, sects. 96 (1), 167 (1).

SKIBS A/S TROLLA AND SKIBS A/S TAUTRA v. UNITED ENTERPRISES & SHIPPING (PTE.) LTD. (THE "TARVA")

[1973] 2 Lloyd's Rep 385

Singapore - Charter-party (voyage) - Freight - Lump sum freight - 80 per cent. payable within 5 working days after signing of bills of lading - Balance payable on "right and true delivery" of cargo - Whether charterers entitled to withhold payment of balance until shipowners had shown that whole of cargo shipped had been delivered. Singapore - Charter-party (voyage) - Loading - Vessel required "only to heave cargo on board" - Charterers given free use of derricks and winches - Charterers claiming cost of slings from shipowners - Whether shipowners liable - Whether heaving was charterers' responsibility also.

McINERNY v. LLOYDS BANK LTD.

[1973] 2 Lloyd's Rep 389

Contract - Purchase by third party of companies owned by plaintiff - Arrangement made for banker's commercial credit - Plaintiff entitled to draw bills of exchange against credit - Telex message sent by bank to plaintiff relating to renewal of period of credit - Failure by third party to honour bills of exchange - Whether bank liable on telex for breach of contract and/or negligence. Negligence - Alleged mis-statement in telex sent by bank to plaintiff concerning third party's own affairs only - Statement not addressed to plaintiff - Whether plaintiff able to hold bank liable.

E. BAILEY & CO. LTD. v. BALHOLM SECURITIES LTD.

[1973] 2 Lloyd's Rep 404

Principal and agent - Brokers - Brokers employed by clients to buy and sell cocoa and sugar under "future" contracts - Purchases and sales to be "matched up" at end of monthly period - Difference between prices of purchases and sales to be settled monthly - Brokers' right to call for "margin" from clients whenever contracts could not be "matched up" - Margin not paid by clients - Whether closing of transactions by purchase and sale authorized by client - Whether brokers entitled to terminate arrangements with clients - Measure of damages. London Cocoa Terminal Market Association - London Produce Clearing House scheme - Operation - Regs., 1, 13. United Terminal Sugar Market Association - London Produce Clearing House scheme - Operation.

MOYER STAINLESS & ALLOY CO. LTD. AND EISEN UND METALL A.G. v. CANADIAN OVERSEAS SHIPPING LTD. AND CERES STEVEDORING CO. LTD.

[1973] 2 Lloyd's Rep 420

Canada - Negligence - Nickel scrap stored in shed at docks pending shipment - Goods stolen - Liability of lessees and operators of shed - Whether negligent - Whether entitled to rely on exclusion clause or limitation of liability clause in bill of lading - Res ipsa loquitur.

ROYAL TYPEWRITER CO., DIVISON LITTON BUSINESS SYSTEMS INC. v. M.V. "KULMERLAND" AND HAMBURGAMERIKA LINIE (THE "KULMERLAND")

[1973] 2 Lloyd's Rep 428

United States - Bill of lading - Adding machines stowed by shipper in own container - No indication of contents given to carrier - Whether container a "package" - Whether carrier entitled to limit liability to $500 - United States Carriage of Goods by Sea Act, 1936 (46 U.S. Code, sect. 1304 (5)).

PRACTICE DIRECTION ADMIRALTY REGISTRAR

[1973] 2 Lloyd's Rep 433

PRACTICE DIRECTION

[1973] 2 Lloyd's Rep 434

Court and Chambers procedure - summons for directions in patent actions.

BACHE & CO. (LONDON) LTD. v. BANQUE VERNES ET COMMERCIALE DE PARIS S.A.

[1973] 2 Lloyd's Rep 437

Banking - Guarantee - Conclusive evidence clause - Transactions between English brokers and French trading company - Liability of trading company guaranteed by its bank - Notice of default to be "conclusive evidence" - Whether bank liable under guarantee - Allegation by bank mat accounts were erroneous - Whether conclusive evidence clause contrary to public policy.

BERGER AND LIGHT DIFFUSERS PTY. LTD. v. POLLOCK

[1973] 2 Lloyd's Rep 442

Marine insurance - Non-disclosure - Moulds shipped under open cover - Arrival in rusty condition - Liability repudiated on ground of non-disclosure of claused bill of lading, history of moulds and over-valuation - Whether a valued policy - Measure of indemnity - Marine Insurance Act, 1906, sects. 16, 18, 28, 57, 68. Marine insurance - Open cover - Duty to disclose material facts. Marine insurance - Non-disclosure - Test of materiality of facts not disclosed.

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

[1973] 2 Lloyd's Rep 469

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".

CANADIAN KLOCKNER LTD. v. D/S A/S FLINT, WILLY KUBON AND FEDERAL COMMERCE & NAVIGATION CO. LTD. (THE "MICA")

[1973] 2 Lloyd's Rep 478

Canada - Bill of lading - Limitation of action - Goods short delivered - Whether limitation period extended - Whether clause in bill of lading lessening carriers' liability void - Hague Rules, art. III, rr. 6, 8.

RUPP v. INTERNATIONAL TERMINAL OPERATING CO. INC., S.S. MORMACSTAR, MOORE-McCORMACK LINES INC., AND AMERICAN SCANTIC LINE (THE "MORMACSTAR")

[1973] 2 Lloyd's Rep 485

United States - Carriage by sea - Bill of lading - Limitation of liability - Clause entitling carrier to limit liability to U.S. $500 per package - "Carrier" defined as including "all persons rendering services in connection with performance of this contract" - Cargo damaged by stevedores' negligence - Whether stevedores could rely on limitation of liability clause.

IRWIN v. EAGLE STAR INSURANCE CO. LTD. (THE "JOMIE")

[1973] 2 Lloyd's Rep 489

United States - Marine insurance - Policy containing "Inchmaree" clause covering loss through "latent defect in hull or machinery" - Installation of air conditioning in insured vessel - Steel and brass pipe negligently joined together - Pipes painted over - Electrolysis resulting when pipes exposed to air and salt water - Nipple in pipe breaking - Sinking of vessel - Whether loss due to "latent defect". "Inchmaree" clause - Loss caused by "any latent defect in machinery or hull" - Meaning. Jurisdiction - Marine insurance policy - Whether Federal maritime law or State law applied.

PACIFIC MILK INDUSTRIES (M) BHD v. KONINKLINJKE JAYA (ROYAL INTEROCEAN LINES) AND FEDERAL SHIPPING AND FORWARDING AGENCY (THE "STRAAT CUMBERLAND")

[1973] 2 Lloyd's Rep 492

Malaysia - Carriage by sea - Bill of lading - Limitation of action - Barring of claim after one year from delivery or date when goods should have been delivered - Goods discharged at Port Kelang - Some delivered to shipper's agent - Others delivered to port authority and stored in shed - Goods discovered to be missing or damaged - Evidence as to actual date of delivery - Whether claim barred - New Zealand Carriage of Goods by Sea Act, 1940, Schedule, art. III, r. 6. Evidence - Admissibility - Hearsay. Custom - Port Kelang - Custom for cargo uncollected by consignee to be stored in port authority's shed.

GAVIN v. WILMOT BREEDON LTD.

[1973] 2 Lloyd's Rep 501

Damages - Assessment - Fatal accident - Dependency of widow and child - Multiplier agreed between parties - Whether £10 per week saved by deceased's wife from house-keeping money should be disregarded.

BANCO DI ROMA S.p.A. v. ORRU (CARRYlNG ON BUSINESS AS EUROPEAN FOOD AND WINE CO.)

[1973] 2 Lloyd's Rep 505

Bill of exchange - Drawer in breach of contract - Claim by holders in due course against acceptor - Bills presented for payment and dishonoured - Whether acceptor liable to holders in due course - Allegation by acceptor that drawer of bills had acted fraudulently - Effect of discrepancies between words and figures on bills.

McGINLEY v. BURKE

[1973] 2 Lloyd's Rep 508

Practice - Stay of proceedings - Personal injuries action - Disclosure of medical report - Whether plaintiff unreasonably refused to submit to medical examination on behalf of defendant.

RODWAY v. P. D. WHARFAGE & TRANSPORT LTD.

[1973] 2 Lloyd's Rep 511

Master and servant - System of working - Plaintiff tally clerk injured by moving crane - Whether defendants in breach of duty to maintain safe system of working - Whether plaintiff contributorily negligent.

HINDLEY & CO. LTD. v. EAST INDIAN PRODUCE CO. LTD.

[1973] 2 Lloyd's Rep 515

Sale of goods (c. & f.) - Tender of bill of lading showing goods shipped - Goods in fact never shipped - Whether sellers in breach of contract.

PROBATINA SHIPPING CO. LTD. v. SUN INSURANCE OFFICE LTD. (THE "SAGEORGE")

[1973] 2 Lloyd's Rep 520

Marine insurance - Practice - Scuttling of vessel pleaded by insurers - Application for order for ship's papers - Discretion of Court - Factors to be considered - R.S.C., Order 72, r. 10, Appendix A, Form 94.

BRUCK MILLS LTD. v. BLACK SEA STEAMSHIP CO.; T. EATON CO. LTD. v. SAME; FERRO TECHNIQUE LTD. v. SAME (THE "GRUMANT")

[1973] 2 Lloyd's Rep 531

Canada - Bill of lading - Apple concentrate in plastic containers - Escape of contents during voyage - Plaintiffs' cargo damaged - Whether due to "perils of the sea" - Whether plaintiffs' cargo properly stowed - Whether clause excluding liability for damage by bursting bags valid - Hague Rules, art. III, rr. 2, 8, art. IV, r. 2 (c).

WILLIAM D. BRANSON LTD. AND TOMAS ALCAZAR S.A. v. JADRANSKA SLOBODNA PLOVIDBA (ADRIATIC TRAMP SHIPPING), ROBERT REFORD CO. LTD. AND YUGOSLAV GREAT LAKES LINE (THE "SPLIT")

[1973] 2 Lloyd's Rep 535

Canada - Bill of lading - Melons packed in crates and stowed 17 high - No circulation of air in hold - Goods delivered in damaged condition - Whether damage due to "perils of sea" or "inherent defect" - Whether cargo properly stowed - Whether clause excluding liability for deterioration valid - Hague Rules, art. III, rr. 2, 8, art. IV, r. 2 (c), (m).

BARCLAYS BANK DCO v. MERCANTILE NATIONAL BANK

[1973] 2 Lloyd's Rep 541

United States - Banking - Loan secured by promissory note and letter of credit - Confirmation - Credit issued by company other than a bank - Whether credit confirmable by bank under United States Uniform Commercial Code - Whether credit in fact confirmed - Whether letter of credit a guarantee - Whether defective documentation defence waived by confirming bank - Alleged duty on lender to call in promissory note when confirmers of credit purported to modify credit - United States Uniform Commercial Code, part 5-103 (1) (F): 5-102 (3): 5-107 (2).

PRACTICE DIRECTION

[1973] 2 Lloyd's Rep 552

Chambers Procedure-Transfers between Groups.

Lloyd's Law Reports