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ALEXANDER WARD & CO. LTD. v. SAMYANG NAVIGATION CO. LTD.

[1975] 2 Lloyd's Rep. 1

Company - Directors - Articles of association stating that business of company to be managed by directors - Summons and arrestment of vessel issued by persons without authority - No directors appointed at time - Company subsequently in liquidation-Whether company through its liquidator could ratify issue of summons and arrestment. Principal and Agent - Ratification - Summons and arrestment issued on behalf of company by unauthorized person-No effective directors at time - Whether subsequent ratification by company of summons and arrestment valid. Admiralty practice - Arrestment of vessel ad fundandam jurisdictionem-Nature of process.

BLACK-CLAWSON INTERNATIONAL LTD. v. PAPIERWERKE WALDHOF-ASCHAFFENBURG A.G.

[1975] 2 Lloyd's Rep. 11

Conflict of laws - Foreign judgment - Conclusiveness in English proceedings - Foreign judgment dismissing action by plaintiff - Plaintiff bringing proceedings in English Courts founded on same cause of action - Whether defendant entitled to rely on foreign judgment by way of defence - Whether judgment to be recognized as conclusive between parties - Foreign Judgments (Reciprocal Enforcement) Act, 1933, s. 8 (1).

BRITISH EAGLE INTERNATIONAL AIRLINES LIMITED v. COMPAGNIE NATIONALE AIR FRANCE

[1975] 2 Lloyd's Rep. 43

Company - Winding up - IATA (International Air Transport Association) clearing house for settlement of debts of airline operators among themselves - Airline operator in liquidation - Whether debt recoverable from other operator or only from IATA - Whether IATA mandatory (under Quebec law) or agent (under English law) of operator - Whether mandate or agency determined by liquidation-Whether debt absolutely assigned - Whether clearing house regulations offended against Quebec insolvency law or (English) Companies Act, 1948, s. 302. Carriage by air - IATA (International Air Transport Association) clearing house.

WAH TAT BANK LTD. AND OVERSEA-CHINESE BANKING CORPORATION LTD. v. CHAN CHENG KUM

[1975] 2 Lloyd's Rep. 62

Procedure - Judgment - Joint tortfeasors - Advance by banks to owners of goods shipped on vessel under mate's receipts - Mate's receipts deposited with banks as security for repayment of loan - Goods delivered to owners without production of mate's receipts- Action by banks against shipping company and its managing director for conversion - Judgment obtained against shipping company - Action against managing director ordered to be re-tried - Whether judgment against shipping company a bar - Whether in action against joint tortfeasors judgment should be given against each tortfeasor for same sum - (Singapore) Civil Law Act (Cap. 30), s. 11.

CENTRALA MORSKA IMPORTOWO EKSPORTOWA (known as "CENTROMOR" v. COMPANHIA NACIONAL DE NAVEGACAO S.A.R.L.

[1975] 2 Lloyd's Rep. 69

Arbitration - Award - Error of law on face - Award of costs against successful claimant - Whether award should be set aside or remitted to arbitrator for further consideration.

W. BRUNS & COMPANY OF HAMBURG v. STANDARD FRUIT AND STEAMSHIP COMPANY OF NEW ORLEANS (THE "BRUNSRODE")

[1975] 2 Lloyd's Rep. 74

Charter-party (Time) - Hire payable in United States currency - Officers and crew paid in German currency-Hire increased or decreased if "wage change" - Dispute as to calculation of amount of increase or decrease.

RANKIN v. DE COSTER

[1975] 2 Lloyd's Rep. 84

Pollution - Vessel in dry dock negligently discharged fuel oil - Whether water in dry dock "navigable water" - Prevention of Oil Pollution Act, 1971, s. 2.

DAME RITA HILDEGARD ARANKA LUDECKE v. CANADIAN PACIFIC AIRLINES LTD.

[1975] 2 Lloyd's Rep. 87

Canada - Carriage by air - Crash of aircraft at Tokyo - Passenger killed - Limitation of liability - Whether airline entitled to limit liability for death and loss of baggage - Statement that carriage subject to rules - Whether legible - Warsaw Convention and Hague Protocol arts. 3, 4.1

CANADIAN PACIFIC AIRLINES LTD. v. MONTREAL TRUST CO., ROBERT JACK STAMPLEMAN AND ARTHUR HOWARD STAMPLEMAN

[1975] 2 Lloyd's Rep. 90

Canada - Carriage by air - Crash of aircraft at Tokyo - Passengers killed - Limitation of liability - Whether airline entitled to limit liability for death and loss of baggage - Warsaw Convention and Hague Protocol arts. 3, 4.

SEALD-SWEET SALES INC. v. FINNLINES (MERIVIENTI OY) (THE "FINN FOREST")1

[1975] 2 Lloyd's Rep. 92

United States - Bill of lading - Void clause - Grapefruit to be carried from Brooklyn, N.Y., to Germany - Stowage to be ventilated - Goods stored by shipowners in unventilated store whilst awaiting shipment - Goods rendered unfit - Clause in bill of lading excluding shipowners' liability - Whether Harter Act, 1893, applied before shipment - Whether clause void - Whether shipowners liable - Harter Act, 1893, s. 1. United States - Freight - Bill of lading stating freight to be prepaid and completely earned on shipment - Goods in shipowners' custody rendered valueless before shipment - Whether freight returnable to shipper.

CAPITAL COASTAL SHIPPING CORP. AND BULK TOWING CORP. v. THE HARTFORD FIRE INSURANCE CO. (UNITED STATES OF AMERICA, THIRD PARTY) (THE "CRISTIE")1

[1975] 2 Lloyd's Rep. 100

United States - Marine insurance - Perils insured against - Warranty that particular person should be master of vessel - Vessel sinking in port - Different person master at the time-Whether loss due to perils of the sea and so covered by policy - Whether warranty broken - Whether warranty waived. United States - Marine insurance - Construction of policy - Contra proferentem rule - Whether applicable.

M. J. RUDOLPH CORP. v. LUMBER MUTUAL FIRE INSURANCE CO. (LURIA INTERNATIONAL AND OTHERS, THIRD PARTIES) (THE "CAPE BORER")1

[1975] 2 Lloyd's Rep. 108

United States - Marine insurance - Perils insured against - P. & I. policy covering cost of wreck removal - No liability if cost of removal covered by American hull clauses - Sinking of insured barge - Assured ordered to remove her for causing danger to navigation - Whether cost of removal covered by policy.

THUROKLINT (OWNERS) AND OTHERS v. KONINGIN JULIANA (OWNERS) (THE "KONINGIN JULIANA")

[1975] 2 Lloyd's Rep. 111

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, r. 25(a).

ALFRED C. TOEPFER v. PETER CREMER

[1975] 2 Lloyd's Rep. 118

Sale of goods (c.i.f.) - Soya bean meal - Flooding of Mississippi River constituting force majeure - Sellers' notice of intention to ship parcel from Mississippi River ports - Whether nomination of range of ports sufficient statement of "port or ports of loading from which goods were intended to be shipped" - Whether period of shipment extended - Whether date of default the same date as the last date of performance - Effect of premature claim by buyers for price fixing - Whether sellers could rely on notice of intention being too late - Grain and Feed Trade Association contract form 100, cll. 22 and 26.

THE "MARTIN FIERRO"

[1975] 2 Lloyd's Rep. 130

Collision - Vessel proceeding up River Parana - Collision with other vessel coming down - Alleged negligent navigation - Regulations for Preventing Collisions at Sea, 1960, rr. 25 (a), 28 (a).

NIPPON YUSEN KAISHA v. G. AND J. KARAGEORGIS

[1975] 2 Lloyd's Rep. 137

Practice - Injunction - Charter-party hire not paid - Whether interim injunction to restrain removal or disposal of assets from within jurisdiction should be granted - Judicature Act, 1925, s. 45.

OWNERS OF THE SHIP "CASTOR" AND THE MASTER AND CREW OF THE SHIP "CASTOR" v. OWNERS OF THE SHIP "ORIENTAL HERO" (THE "ORIENTAL HERO")

[1975] 2 Lloyd's Rep. 139

Admiralty practice - Collision action - Trial of action adjourned for attendance of witness - Whether order should be set aside - R.S.C., O. 35, r. 3.

THE "SAVINA"

[1975] 2 Lloyd's Rep. 141

Collision - Crossing vessels - One vessel leaving roadstead at Ras Tanura and proceeding to sea - Other vessel moving from one part of roadstead to another - Whether bad look-out kept on both vessels - Whether vessel proceeding to sea at fault in altering speed - Whether other vessel should have stopped engines - Collision Regulations 1960, rr. 19, 21, 22, 27, 29.

HENRY v. GEOPRESCO INTERNATIONAL LTD.

[1975] 2 Lloyd's Rep. 148

Conflict of laws-Foreign judgment-Enforceability -Plaintiff employed by defendant company for work on oil well in Trucial States -Company registered in Jersey-Contract made in Alberta and was to be interpreted according to laws of England-Arbitration clause in contract-Plaintiff dismissed-Claim in Albertan Courts by plaintiff for damages for wrongful dismissal-Motion by defendants to set aside statement of claim because Alberta was not forum conveniens and because of arbitration clause-Whether defendants had submitted to jurisdiction-Whether defendants had taken steps exclusively referable to the issue on the merits.

THE "GOLDEN SANDS"

[1975] 2 Lloyd's Rep. 166

Salvage - Motion for judgment in default of appearance and for appraisement and sale and payment out - County Court jurisdiction - Salvors awarded £300 - Whether entitled to costs - County Courts Act, 1959, s. 60(2), (5).

ISMAIL v. POLISH OCEAN LINES (THE "CIECHOCINEK")

[1975] 2 Lloyd's Rep. 170

Charter-party (Voyage) - Bad stowage - Potatoes shipped at Alexandria for delivery at Boston, Lincs. - Clause relieving shipowners from liability for rot, decay or deterioration - Cargo improperly stowed - Whether shipowners could rely on clause. Arbitration - Special case - How questions of law should be framed.

SEVEN SEAS TRANSPORTATION LTD. AND ANOTHER v. ATLANTIC SHIPPING COMPANY S.A.

[1975] 2 Lloyd's Rep. 188

Charter-party (Time) - Unpaid hire - Whether cross-claims by charterers could be set off - New York Produce Exchange form.

FUGA A.G. v. BUNGE A.G.

[1975] 2 Lloyd's Rep. 192

Arbitration - Award - Error - Arbitrators mistakenly based award on 20.266 metric tons instead of 120.266 metric tons - Sellers refused to allow arbitrators to correct mistake - Whether Court has jurisdiction to set aside award - Arbitration Act, 1950, s. 22.

PRACTICE DIRECTION

[1975] 2 Lloyd's Rep. 195

Chambers procedure - Discontinuance of petitions for extension of patents.

MOTTRAM CONSULTANTS LTD. v. BERNARD SUNLEY & SONS LTD.

[1975] 2 Lloyd's Rep. 197

Contract - Building contract - Agreement by plaintiffs to build a supermarket for defendants in Republic of Zaire - Architect to give interim certificate showing sums paid by plaintiffs for local expenditure - Monthly interim certificate to be used for money spent in purchasing materials outside Zaire - Defendants to pay sum certified by architect to plaintiffs within 7 days - Agreement varied so that plaintiffs' imprest accounts showing sums paid out were to take place of weekly certificate - Any adjustment necessary to be made in architect's monthly certificate - Refusal by defendants to pay on ground that imprest accounts wrongly made up - Claim by plaintiffs for summary judgment under R.S.C., O. 14 for money due - Whether leave to defend should be given. Procedure - Summary judgment - Whether leave to defend should be given - Whether defendants had arguable case.

SEGOVIA COMPAGNIA NAVIERA S.A. v. R. PAGNAN & FRATELLI (THE "ARAGON")

[1975] 2 Lloyd's Rep. 216

Charter-party (Time) - Nomination of loading port - Charterers hired vessel for "one time charter trip via safe ports East Coast Canada" - Whether charterers entitled to order vessel to proceed to U.S. Gulf - Whether owners entitled to additional hire - New York Produce Exchange Time Charter form - "Institute warranty limits . . . U.S.A. East of Panama."

FEDERAL COMMERCE AND NAVIGATION CO. LTD. v. TRADAX EXPORT S.A. (THE "MARATHA ENVOY")

[1975] 2 Lloyd's Rep. 223

Charter-party (Voyage) - Demurrage - Arrived ship - Grain vessel anchored at Weser light vessel while waiting for berth at port of Brake - Vessel made two trips up River Weser to port of Brake and returned to light vessel - Whether vessel had "arrived" at port of Brake - Whether cost of waiting at light vessel recoverable as damages for failure to nominate discharge port in time - Baltimore Form C.

BUNGE & CO. LTD. v. TRADAX ENGLAND LTD.

[1975] 2 Lloyd's Rep. 235

Sale of goods - Delivery of 1000 tons of barley to be "between 1st and 20th January, 1973 . . . at Buyers call" - Buyers substituted vessel expected ready to load Friday, Jan. 19, 1973 - Only 110 tons loaded - Whether sellers in breach for not loading contract quantity.

P. J. VAN DER ZIJDEN WILDHANDEL N.V. v. TUCKER & CROSS LTD.

[1975] 2 Lloyd's Rep. 240

Sale of goods - Non-delivery - Force majeure clause - Sale of Chinese frozen rabbits - Whether impossible for sellers to fulfil contractual obligation.

PRIMULA COMPANIA NAVIERA S.A. v. FINAGRAIN CIE COMMERCIALE AGRICOLE ET FINANCIERE S.A. (THE "POINT CLEAR")

[1975] 2 Lloyd's Rep. 243

Charter-party (Voyage) - Laytime - Vessel anchored at Hook of Holland awaiting her turn to move to Rotterdam suction elevators - Notice of readiness given - Whether discharging laytime continued to count on Saturday - Baltimore Form C Grain charter-party.

CRELINSTEN FRUIT CO. AND WILLIAM D. BRANSON LTD. v. MARITIME FRUIT CARRIERS CO. LTD. (THE "LEMONCORE")

[1975] 2 Lloyd's Rep. 249

Canada - Bills of lading - Stowage - Apples and pears carried in refrigerated vessel from Australia to Montreal - Vessel fitted with vertical flow air circulation system - Fruit stowed in block stowage without dunnage - Fruit unloaded at Montreal in good order and condition - Subsequent deterioration - Whether due to bad stowage.

LIQUILASSIE SHIPPING LTD. v. M.V. "NIPIGON BAY" HER OWNERS AND CHARTERERS (THE "NIPIGON BAY")

[1975] 2 Lloyd's Rep. 279

Canada-Collision-Vessel proceeding up river in St. Lawrence Seaway-Down-coming vessel stationary - Up-going vessel sucked into bank by bank suction and veering to port - Kick given to down-coming vessel's engines to straighten out - Up-going vessel veering still further and striking dock - Whether down-coming vessel responsible.

UNITED STATES v. RELIABLE TRANSFER CO. INC. (THE "MARY A. WHALEN")

[1975] 2 Lloyd's Rep. 286

United States-Admiralty practice-Collision- Apportionment of damages - Vessel stranding due to master's negligence and coast guard's failure to maintain light on breakwater - Coast Guard 25 per cent. and vessel 75 per cent. to blame - Whether old established United States rule that liability should be equally divided should be followed.

PRACTICE DIRECTION

[1975] 2 Lloyd's Rep. 293

Chambers procedure - Assessment of costs in Chambers.

PRACTICE DIRECTION

[1975] 2 Lloyd's Rep. 293

Chambers procedure - Advanced hearing of Masters' summonses.

CONCORD PETROLEUM CORP. v. GOSFORD MARINE PANAMA S.A. (THE "ALBAZERO")

[1975] 2 Lloyd's Rep. 295

Carriage by sea - Breach of contract - Substantial damages - Agreement between consignor and carrier for carriage of cargo - Cost of carriage to be paid by consignor - Ship sinking on voyage with loss of cargo - Property in and right in cargo passed to consignee before date of loss - Whether consignor entitled to maintain action for substantial damages - Action by consignor for loss of cargo - Consignor no longer having interest in cargo at date of loss. Sale of goods - Passing of property - Reservation of right of disposal - Bill of lading - Cargo deliverable to order of consignors - Presumption rebuttable - C.i.f. contract between associated companies - Fulfilment of conditions imposed by consignor or seller - Seller's agent dispatching endorsed bills of lading to buyer by post during voyage and before loss - Whether passing on date bill of lading posted - Sale of Goods Act, 1893, s. 19 (1), (2).

TRAMP SHIPPING CORPORATION v. GREENWICH MARINE INC. (THE "NEW HORIZON")

[1975] 2 Lloyd's Rep. 314

Charter-party (Voyage) - Demurrage - Strike clause - Time not to count if cargo could not be discharged by reason of a strike - Refusal of crane and suction workers to work except on day work - Custom for them to work 24 hours if asked - Whether drivers' refusal a "strike".

MODERN BUILDINGS WALES LTD. v. LIMMER AND TRINIDAD CO. LTD.

[1975] 2 Lloyd's Rep. 318

Arbitration - Stay of proceedings - Dispute as to existence of arbitration agreement - Determination of dispute on interlocutory motion for stay - Construction of contract - Question whether arbitration clause incorporated in contract - Duty of Court to determine point of construction before defendant took further steps in proceedings - Arbitration Act, 1950, s. 4 (1).

GREAVES & CO. (CONTRACTORS) LTD. v. BAYNHAM MEIKLE & PARTNERS

[1975] 2 Lloyd's Rep. 325

Contract - Breach - Consulting structural engineers employed by building contractors to design warehouse for oil company - Floor to be capable of supporting weight of fork-lift trucks - Floor not strong enough - Claim by contractors that design was faulty - Whether consulting engineers liable.

HIGGINS v. ARFON BOROUGH COUNCIL

[1975] 2 Lloyd's Rep. 330

Limitation of action - When time begins to run - Actions in tort - Accrual of cause of action. Negligence - Damage - Construction of house - Defective foundations - Wet rot subsequently developing - Action brought within six years of discovery of wet rot but more than six years after original sale with defective foundations - Whether period of limitation running from time of original sale or discovery of wet rot - Limitation Act, 1939, s. 2 (1).

SIMON v. TAYLOR, LEISHMAN, BASTIAN, DICKIE, CONTRACT SERVICES LTD., EVERMORE MARINE TECHNICAL SERVICES (PTE.) LTD.

[1975] 2 Lloyd's Rep. 338

Singapore-Wreck-Salvage-Sunken German U Boat-Whether derelict or property of German State-Whether removal of cargo of mercury from U Boat by divers a salvage operation - Whether U Boat res nullius - Whether German State represented by Federal Republic of Germany. Salvage - Sunken German U Boat - Removal of mercury cargo by divers - Whether divers were salvors.

INTERNATIONAL FACTORY SALES SERVICE LTD. v. THE SHIP "ALEKSANDR SERAFIMOVICH" AND FAR EASTERN S.S. CO. (THE "ALEKSANDR SERAFIMOVICH")

[1975] 2 Lloyd's Rep. 346

Canada - Bill of lading - Limitation of liability - Sewing machine heads shipped in cartons fixed to pallets loaded at Kobe, Japan - Loss of and/or damage to cartons during discharge at Vancouver - Whether shipowners could limit their liability to Can. $500 per pallet - Whether pallet a "package" - Carriage of Goods by Water Act, R.S.C. 1970, Cap. C-15, sched., art. IV. r. 5.

INTERNATIONAL PRODUCE INC. AND GREENWICH MILLS CO. v. S.S. "FRANCES SALMAN", SWEDISH GULF LINE A/B AND COMPANHIA DE NAVEGACAO MARITIMA NETUMAR: CANADIAN GULF LINE LTD. (THIRD PARTY) (THE "FRANCES SALMAN")

[1975] 2 Lloyd's Rep. 355

United States - Bill of lading - Coffee shipped at Santos and Paranagua for delivery at Baltimore and New York - Clean bills of lading issued by time charterer of vessel - Time charterer responsible for stowage - Quebracho stowed in same holds as coffee - Caustic soda in drums stowed over coffee at intermediate port - Vessel encountering force 12 wind - Shifting of cargo - Leak from sanitary water pipe - Cargo damaged - Whether vessel seaworthy - Whether damage due to bad stowage and/or perils of the sea - Whether fault in "management" of ship - Whether time charterers and/or shipowners liable - United States Carriage of Goods by Sea Act, 1936, ss. 1301 (a), 1303 (1), 1304 (1), (2) (a) (c).

FEDERAL COMMERCE AND NAVIGATION CO. LTD. v. CANADIAN KLOCKNER

[1975] 2 Lloyd's Rep. 371

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.

EVANS MARSHALL & CO. LTD. v. BERTOLA S.A. AND INDEPENDENT SHERRY IMPORTERS LTD.

[1975] 2 Lloyd's Rep. 373

Contract - Repudiation - Damages - Agreement for sole distribution by importer of sherry in United Kingdom - Employment of other distributor by exporters - Whether repudiation of agreement by exporter - Whether exporters and other distributor guilty of conspiracy to damage importer's reputation - Assessment of damages.

PAN-AMERICAN WORLD AIRWAYS INCORPORATED v. DEPARTMENT OF TRADE

[1975] 2 Lloyd's Rep. 395

Carriage by air - Regulation - International Air Transport Association Resolution on agency commissions rescinded by British and foreign airlines - Incentive bonus commission scheme operated by foreign airline - Airlines operating permit varied by Secretary of State to include condition on agents rates of commission - Whether variation ultra vires - Air Navigation Order, 1974, arts. 60, 79; Civil Aviation Act, 1949, s. 8 (2); Chicago Convention, arts, 6, 43, 44; Bermuda Agreement, 1946, arts. 1, 5 and 6.

EXORMISIS SHIPPING S.A. v. OONSOO, DEMOCRATIC PEOPLES' REPUBLIC OF KOREA AND KOREAN FOREIGN TRANSPORTATION CORPORATION (THE "ARISTIDES XILAS")

[1975] 2 Lloyd's Rep. 402

Arbitration - Award - Motion to set aside umpire's award or remit it to him - Dispute between owners and charterers of vessel as to amount of freight payable - Matter referred to arbitration - Charterers originally represented by solicitors' firm of "Clyde & Co." - Mr. R. A. Clyde, who was formerly in Clyde & Co., but had severed his connection years ago appointed as owners' arbitrator - Disagreement between owners and charterers' arbitrators - Award in favour of owners - Whether award should be set aside because of misconduct by arbitrators or umpire - Whether award should be remitted to umpire in interests of justice - Whether charterers thrown off balance by appointment of Mr. R. A. Clyde.

NEA TYHI MARITIME CO. LTD. OF PIRAEUS v. COMPAGNIE GRAINIERE S.A. OF ZURICH (THE "FINIX")

[1975] 2 Lloyd's Rep. 415

Charter-party (voyage) - Laytime - Vessel arrived in roads at Nampo - "Time lost waiting for berth to count as discharging time" - Whether "berth" means "any berth" or particular berth to which vessel is to proceed for discharge - Whether time lost provision applies to an "arrived ship".

CHAS. DAVIS (METAL BROKERS) LTD. v. GILYOTT & SCOTT LTD. AND PICKERING ROAD HAULAGE LTD.

[1975] 2 Lloyd's Rep. 422

Carriage by road - Loss in transit - Whether warehousemen acted as forwarding agents or carriers - Whether sub-contractor carrier and customer in contractual relationship - Whether carrier entitled to indemnity from warehousemen - Applicability and construction of R.H.A. Conditions, 1961 and 1967- Construction of warehousemen's conditions. Warehousemen - Liability to customer - Construction of condition incorporating R.H.A. Conditions - Liability to indemnify road carrier in respect of loss of goods in transit. Limitation of liability - R.H.A. Conditions, 1961, cl. 20 - R.H.A. Conditions, 1967 - "£800 per ton" on "gross weight as computed for purpose of charges" - Appropriate weight.

RAMAC CONSTRUCTION CO. LTD. v. J. E. LESSER (PROPERTIES) LTD.

[1975] 2 Lloyd's Rep. 430

Arbitration - Agreement - Stay of proceedings - Whether dispute had arisen between parties to R.I.B.A. contract - Arbitration Act, 1950, s. 4. Contract - Building contract - Architect's final certificate showed builders entitled to £1000 - Builders claiming additional £10,744 - Whether proceedings ought to have been stayed so that matter could be referred to arbitration - R.I.B.A. form of contract - Arbitration Act, 1950, s. 4 (1).

BRITISH AIRWAYS BOARD v. KENNETH TAYLOR (INSPECTOR OF TRADING STANDARDS, MANCHESTER)

[1975] 2 Lloyd's Rep. 434

Carriage by air - Passenger booked seat on aircraft - B.O.A.C. confirmed booking - Aircraft overbooked - Whether B.O.A.C. recklessly made statement which was false - Trade Descriptions Act, 1968, s. 14 (1).

ILIGAN INTEGRATED STEEL MILLSINC. v. S.S. "JOHN WEYERHAEUSER", WEYERHAEUSER CO. AND NEW YORK NAVIGATION CO. INC. (THE "JOHN WEYERHAEUSER")1

[1975] 2 Lloyd's Rep. 439

United States - Bill of lading - Limitation of liability - Unseaworthiness - Parts of steel mill shipped in packages - Cargo damaged by seawater due to defect in sanitary pipe - Whether shipowners failing to exercise due diligence to make vessel seaworthy - Whether shipowners could still limit liability to $500 per package - United States Carriage of Goods by Sea Act, 1936, s. 4 (1) (5).

CEHAVE M.V. v. BREMER HANDELGESELLSCHAFT m.b.h. (THE "HANSA NORD")

[1975] 2 Lloyd's Rep. 445

Sale of goods (c.i.f.) - Rejection - U.S. citrus pulp pellets to be shipped "in good condition" - Cargo discovered, on discharge, to be worth 60 per cent. less than goods of sound value - Rejection by buyers - Goods ordered by Court to be sold - Subsequent purchase by buyers at about half price - Whether term as to shipment was a "condition" - Whether goods of "merchantable quality" - Whether subsequent purchase by buyers "inconsistent with ownership of seller" - Sale of Goods Act, 1893, ss. 14(2), 35.

MURRAY AND ANOTHER (ADMINISTRATORS OF THE ESTATE OF ALAN JAMES MURRAY, DECEASED) v. SHUTER AND N. & S. COACHES LTD. MURRAY v. SAME

[1975] 2 Lloyd's Rep. 470

Damages - Personal injury - Plaintiff aged 32, employed by heating engineers - Good prospects of promotion - Salary likely to be in excess of £10,000 a year - Brain severely damaged - Unawareness of surroundings - Inability to speak - Quantum of damages.

FROOM AND OTHERS v. BUTCHER

[1975] 2 Lloyd's Rep. 478

Negligence - Contributory negligence - Road accident - Plaintiff not wearing seat belt - Accident caused wholly by careless driving of defendant - Plaintiff's injury more severe than it would have been if he had worn seat belt - Whether plaintiff guilty of contributory negligence - Law Reform (Contributory Negligence) Act, 1945, ss. 1 (1), 4 - Highway Code.

LAMBERT v. CO-OPERATIVE INSURANCE SOCIETY LTD.

[1975] 2 Lloyd's Rep. 485

Insurance (All risks) - Failure to disclose material facts - Duty of disclosure by applicant for insurance - Applicant did not disclose husband's convictions - Whether a material fact - Whether insurers liable - Law Reform Committee's report - Marine Insurance Act, 1906, s. 18 (1), (2) - Road Traffic Act, 1934, s. 10 (5).

BRIGHTSIDE KILPATRICK ENGINEERING SERVICES V. MITCHELL CONSTRUCTION (1973) LTD.

[1975] 2 Lloyd's Rep. 493

Contract - Building contract - Sub-contractor appointed by main contractors - Sub-contract to be on "terms embodied in R.I.B.A." form - Terms also to include those in "Green Form" of National Federation of Associations of Buildings Trades Employers- Claim by main contractors against subcontractor for alleged delay in completion of work - Refusal by architect under head contract to give certificate that sub-contractor was at fault - Claim by sub-contractor for work done and materials supplied - Whether action should be stayed under Arbitration Act, 1950, s. 4.

WORLD MAGNATE SHIPPING LTD. v. REDERI A/B SOYA

[1975] 2 Lloyd's Rep. 498

Charter-party (Time) - Insurance (War risk) - Owner's obligation to insure vessel for hull and machinery risks and war risks - Clause in charter-party providing that charterers to reimburse owners if extra premium paid in respect of war risks - Whether owners entitled to be reimbursed if change in premium rates - New York Produce Exchange Time Charter, cl. 47.

ULSTER-SWIFT LTD. AND PIG MARKETING BOARD (NORTHERN IRELAND) v. TAUNTON MEAT HAULAGE LTD. FRANSEN TRANSPORT N.V. (THIRD PARTY)

[1975] 2 Lloyd's Rep. 502

Carriage by road - Carcases of pigs carried in refrigerated vehicle from Northern Ireland to Switzerland - Arrival in bad condition - Whether loss due to inherent vice - Burden of proof - Whether carrier liable - Whether sub-carrier also liable - C.M.R. Convention, arts. 9, 17, 18, 32, 39.

MAREVA COMPANIA NAVIERA S.A. v. INTERNATIONAL BULKCARRIERS S.A.

[1975] 2 Lloyd's Rep. 509

Charter-party (Time) - Non payment of hue - Injunction to restrain removal of moneys "out of jurisdiction". Practice - Injunction - Charter-party hire not paid - Whether injunction to restrain removal or disposal of assets from within jurisdiction should be granted - Judicature Act, 1925, s. 45.

INSURANCE COMPANY OF NORTH AMERICA v. S/S BROOKLYN MARU, JAPAN LINE LTD. (THE "BROOKLYN MARU")1

[1975] 2 Lloyd's Rep. 512

United States - Bill of lading - Limitation of liability - Damage to photographic equipment packed and sealed in container by shipper - Whether container a "package" and carrier entitled to limit liability to $500 - United States Carriage of Goods by Sea Act (46 U.S. Code s. 1304 (5)).

TRADAX EXPORT S.A. v. ANDRE & CIE. S.A.

[1975] 2 Lloyd's Rep. 516

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sale of U.S. soya bean meal c.i.f. Rotterdam - Shipment to be June, 1973 - Disastrous floods in area of River Mississippi - Quota restrictions on export of soya bean meal imposed - Part of meal not delivered-Whether sellers excused-GAFTA Contract form no. 100. Arbitration - Consultative case stated by arbitrator for opinion of Court - What should be included.

Lloyd's Law Reports