i-law.com

THE "TREKIEVE."

(1942) 72 Ll L Rep 1

Salvage - Appeal by salvors - Inadequacy of award - Principles to be applied by appellate Court- Services rendered by Dutch salvage tug Amsterdam to British steamship Trekieve off Holyhead- Trekieve seriously damaged and leaking badly- Vessel towed to harbour, tug standing by- Risk of bulkhead giving way- Vessel taken in tow again and beached - Risk to vessels from mines and submarines- Whether tug, as salvage vessel, entitled to award on high scale - Tug under charter to Ministry of War Transport at fixed rate of hire- Rescue from position of grave danger of sinking- Short and not very difficult service - Salved values: £500,000- Award by Bucknill, J., of £6500- Whether learned Judge erred in point of principle- Alleged misapprehension of facts- Amsterdam as professional salvor.

THE "TESTBANK."

(1942) 72 Ll L Rep 6

Collision - Appeal - Apportionment of blame-Principles to be applied by appellate Court - Collision between steamships Ceramic and Testbank in South Atlantic-Vessels on almost opposite courses, sailing without lights -Loom of Ceramic seen by Testbank nearly a mile away - Starboard helm action taken by Testbank without signalling and without immediately switching on her lights -Lights switched on later - Red of Testbank seen by Ceramic at distance of nearly half-a-mile - Hard-a-port helm action immediately taken by Ceramic-Lights switched on-Subsequent whistle signals sounded by Testbank not heard by Ceramic- Ceramic struck by Testbank at broad angle on starboard side-Look-out- "Agony of collision"-Collision Regulations, Arts. 27, 28-Decision of Langton, J., that the Testbank was to blame for taking helm action without immediately blowing her whistle and for not immediately switching on her lights, and that the Ceramic was also to blame for her port helm action- Apportionment of blame: Ceramic, one-fourth; Testbank, three-fourths- Appeal by Testbank against apportionment -Whether apportionment a matter of discretion-Maritime Conventions Act, 1911, Sect. 1.

THE "CITY OF EDINBURGH."

(1942) 72 Ll L Rep 19

Collision - Convoy - Courses - Look-out- Collision between motor vessel Mary Slessor and steamship City of Edinburgh in English Channel- Vessels in same convoy and pursuing zig-zag courses, City of Edinburgh being on port side of Mary Slessor- Alterations of course in accordance with instructions - Contact between stem of City of Edinburgh and port side of Mary Slessor.

THE "BIAFRA."

(1942) 72 Ll L Rep 23

Collision - Convoy - Fog-Duty to sound fog signals-Collision between steamships Lackenby and Biafra in Liverpool Bay-Lackenby, in convoy, on course of W. by S.-Biafra on course of N. by E. - Weather: heavy snowstorm - Masthead and red lights of Lackenby opened on starboard bow of Biafra-Green of Biafra opened on port bow of Lackenby -Hard-a-starboarding by Lackenby; hard-a-porting by Biafra-Slow speed of both vessels maintained-Fog signals not being sounded by Lackenby- Instructions to convoy concerning sounding of fog signals.

H. P. DREWRY, S.A.R.L. v. ARISTOTELES S. ONASSIS.

(1942) 72 Ll L Rep 29

Charter-party - Breach - Non-delivery of vessel- Substitute vessel- Time charter by claimants of respondents' motor vessel Ariston- Option to charterers to cancel if not delivered on or before Oct. 15, 1939- Option to owner to substitute vessel under construction (and expected ready from builders early October) at same rate of hire and on same conditions- "It is understood that you can substitute either vessel, at any time and for any period during the charter-party, provided the substitute vessel is in the same position as the other vessel would be if continuing the charter-party, but not more than two substitutions to be effected during the currency of the charter-party"- Owner's nomination of new vessel Aristophanes (then not completed and date of delivery uncertain)- Impossibility for substitute vessel to reach loading port by Oct. 15 - Refusal by charterers to accept nomination of substitute vessel- Charter declared null and void by owner- Claim by charterers for damages - Award in charterers' favour - Case stated- Construction of owner's option- "Substitute vessel."

BARNETT & BLOCK v. NATIONAL PARCELS INSURANCE COMPANY, LTD.

(1942) 72 Ll L Rep 43

Motor insurance - Garage - Meaning - Insurance of claimants' furs, etc.- Cover not to apply to theft of property in cars while such cars were not individually attended "even whilst in garage"- Indorsement of policy providing that insurance company would not repudiate liability in respect of property up to certain amount "in the insured's Bedford van whilst left in a garage," subject to van being fitted with various locks and bolts- Car garaged in yard surrounded by building and wall (12ft. 6in. high) but without roof- Theft of furs from van- Right of recovery under policy- Whether open yard a garage within meaning of policy - Arbitration - Award that yard was not a garage and that therefore the claimants were not entitled to recover- Case stated.

GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD. v. J. H. MINET & CO., LTD.

(1942) 72 Ll L Rep 48

Insurance brokers- Breach of contract to insure - Negligence - Excess reinsurance issued by plaintiff company to Deutscher Luftpool in respect of "Flight and/or ground risks" to aircraft declared on risk- Cover from July 1, 1937, "subject to 60 days' notice of cancellation at any time"- Instructions given in October, 1937, by plaintiffs' head office to their underwriter at Lloyd's that all outstanding liabilities on their non-marine and miscellaneous business must be terminated - Notice of cancellation given to Deutscher Luftpool to expire Dec. 31, 1937- Plaintiffs still liable on declarations made before expiry date- Intention to reinsure such liabilities- Employment of defendants (Lloyd's brokers) to effect such reinsurance- Cover obtained by defendants with underwriters (R.W.R.) holding line on original reinsurance:- Assured: General Accident Fire & Life Assurance Corporation. Period: Dec. 10, 1937, to Dec. 31, 1937. Risk: Excess reinsurance. Sum insured, interest and conditions: In respect of original policy issued to Deutscher Luftpool. Maximum Rm.500,000 any one loss, excess of Rm.250,000 any loss, as original. Hereunder 2% of Rm.500,000, i.e., maximum Rm.10,000 any one loss. Full reinsurance clause, excluding retention. 25% of total premiums received by General Accident Fire & Life Assurance Corporation.

Claims by Deutscher Luftpool under plaintiffs' reinsurance policy in respect of accidents to aircraft happening after Dec. 31 but declared before Dec. 10- Claim by plaintiffs for indemnity from reinsuring underwriters (R.W.R.) - Repudiation of liability by reinsuring underwriters (R.W.R.) upheld in arbitration- Claim by plaintiffs against defendants for damages for breach of contract to insure- Alleged failure to exercise reasonable care and skill in effecting reinsurance- Dispute as to particulars of risk passed on by plaintiffs' underwriter to defendants- Duty of broker- Whether plaintiffs under and obligation to examine cover note to see whether instructions to insure had been properly carried out by broker.

HEYMAN AND ANOTHER v. DARWINS, LTD.

(1942) 72 Ll L Rep 65

Arbitration - Stay of action - Agency contract between plaintiffs and defendants whereby plaintiffs were appointed sole selling agents for defendants' products over wide range of territories- Notification made by defendants that they proposed to retain certain commissions due to plaintiffs on ground that plaintiffs were acting contrary to contract terms - Anticipatory breach by defendants - Writ issued by plaintiffs claiming damages for breach and for commissions due- Summons taken out by defendants to stay proceedings under Sect. 4 of Arbitration Act, 1889, it being provided by the contract that "If any dispute shall arise between the parties hereto in respect of this agreement or any of the provisions herein contained or anything arising hereout the same shall be referred for arbitration in accordance with the provisions of the Arbitration Act, 1889, or any then subsisting statutory modification thereof" - Order of C.A. (reversing Cassels, J., and Master Simner) granting stay- Appeal by plaintiffs- Right of defendants to rely upon arbitration clause- Consideration of circumstances in which arbitration clause may be applied- Scope of clause - Discretion of Court - Effect of repudiation - Frustration - Approbation and reprobation.

THE "ALBIONIC."

(1942) 72 Ll L Rep 91

Salvage- Crew- Right to claim award- Services rendered to their own vessel by members of crew of steamship) Albionic - Vessel on fire in Bristol Channel - Engine-room enveloped, making it impossible to enter to turn off steam - Steering gear jammed - Boats lowered at master's orders and manned by certain of crew, master subsequently entering port lifeboat- Boats broken adrift- Fire subsequently extinguished by remainder of crew, under command of chief officer- Towed by tugs to safety- Claim by wireless operator to salvage award- Dispute as to circumstances in which master left vessel- Abandonment sine spe revertendi - Crew given option to leave vessel- Constructive abandonment.

THE "BLUE RANGER."

(1942) 72 Ll L Rep 97

Collision - Convoy - Fog - Seamanship - Swedish steamship Iris and British motor vessel Blue Ranger leaving Clyde in convoy- Blue Ranger astern of Iris- Starboarding by Iris to follow convoy course- Iris sighted by Blue Ranger a short distance away on her port bow - Helm immediately hard-a-ported and engines put full speed astern- Duty of Iris.

THE "ROBERT F. HAND."

(1942) 72 Ll L Rep 102

Collision - Convoy - Vessels approaching practically end-on- Lights- Speeds- Alterations of helm - Collision between steamship Parthenia and motor vessel Robert F. Hand in Firth of Clyde- Parthenia inward bound on course of 135 deg.; Robert F. Hand, outward bound, on course of 307 deg. - Robert F. Hand, without lights, on port bow of Parthenia; Parthenia, with dimmed lights, on starboard bow of Robert F. Hand- Porting by Parthenia (before she sighted Robert F. Hand) for vessel ahead of Robert F. Hand- Further porting when loom of Robert F. Hand sighted - No immediate reduction of full speed- Starboarding by Robert F. Hand on first sighting masthead and red lights of Parthenia on starboard bow- Lights not immediately switched on- Contact between stem of Robert F. Hand and starboard side of Parthenia- Parthenia sunk.

THE "ROBERT."

(1942) 72 Ll L Rep 106

Collision - Convoy - Look-out - Speeds - Lights- Collision between Belgian steamship Marguerite and Danish steamship Robert in North Sea- Marguerite sunk- Marguerite, with dimmed lights, on course of S.W. by S.; Robert, with no lights, on course of S.E. 12 S.- Green of Marguerite seen by Robert about 200-300 yards a away, broad on port bow- Helm of Robert starboarded, then hard-a-starboarded- Engines stopped, then put full astern- Helm of Marguerite hard-a-starboarded, speed of six knots being maintained - Contact between port bow of Robert and starboard side of Marguerite.

LESTER BROS. (COAL MERCHANTS), LTD. v. AVON INSURANCE CO., LTD.

(1942) 72 Ll L Rep 109

Motor insurance - Third-party risks - Construction of policy - Commercial motor vehicle policy issued to coal merchants (limited company) covering company's lorries- Cyclist injured by company's lorry being driven by R.- Judgment recovered by cyclist against company- Right of company to indemnity from insurance company - R. driving without licence at time of accident - Arbitration - Award in favour of coal company- Case stated- Findings of arbitrator that D., director of company, had applied for National Service driving licence for R.; that neither D. nor the company knew prior to the accident that R. did not hold a licence (nor could knowledge be imputed to them) though that fact could easily have been ascertained by inquiry- Provision in policy conditions that the insurance company should not be liable under the policy "whilst such vehicle is . . . (b) being driven by the insured unless he (i) holds a licence to drive such vehicle or (ii) has held and is not disqualified for holding or obtaining such a licence. (c) Being driven with the general consent of the insured or his representative by any person who to the knowledge of the insured or of such representative does not hold a licence to drive such vehicle unless such person has held and is not disqualified for holding or obtaining such a licence" - Construction.

TULLY v. WEST HARTLEPOOL STEAM NAVIGATION COMPANY, LTD.

(1942) 72 Ll L Rep 115

Negligence - Shipbuilding Regulations, 1931- Protection of openings- Breach of statutory duty- Fatal accident to plumber engaged in degaussing work on board defendants' steamship moored to buoys in River Tyne- Fall into hold - Claim brought by widow for damages under Fatal Accidents Acts- Evidence that hold was unprotected- Contributory negligence- Right of recovery for breach of statutory duty under Shipbuilding Regulations- Buoys deemed to be part of Northumberland Dock - Regulations applicable to shipbuilding yard - Whether shipowners were "occupiers" of yard- Tyne Improvement Acts, 1867 and 1886.

NORTHERN IRELAND ROAD TRANSPORT BOARD v. CENTURY INSURANCE COMPANY, LTD.

(1942) 72 Ll L Rep 119

Master and servant-Contract of service- Divided employment - Negligence of servant in course of employment- Damage to property of third parties- Liability of insurers under policy taken out by employers (transport board) and covering such risks- Servant lent by transport board to hirers under agreement by board to supply to hirers tank lorries and drivers for carriage of petrol-Drivers to "accept and obey the orders of the [hirers] or their representatives regarding such delivery the payment of accounts and all matters incidental thereto and the [transport board] shall dismiss any employee of theirs disregarding or failing to obey such orders. . . . . Provided always that nothing herein contained shall be taken as meaning or implying that such employees of the [transport board] are in any way the employees of the [hirers]"-Tanker being used under agreement to deliver petrol to garage in Belfast-Discharge of petrol by hose into garage tank-Conflagration and explosion resulting from lighted match carelessly thrown away by driver after lighting cigarette-Damage to property -Liability of transport board-Whether driver at time of accident was acting as servant of transport board or of hirers -Whether driver's careless act was an act done in the course of his employment - Arbitration - Case stated - Decision of Northern Ireland Court of Appeal (reversing Brown, J., and affirming award) that driver at the time of the accident was the servant of the transport board and that his negligence was negligence in the course of his employment; and that therefore the transport board were entitled to indemnity from their insurers-Appeal by insurers.

THE "CAPE ST. GEORGE."

(1942) 72 Ll L Rep 128

Collision - Convoy- Look-out - Collision between steamships Grodno and Cape St. George in same convoy- Grodno originally fine on starboard bow of Cape St. George- Signal from boat containing crew of torpedoed vessel observed by second officer of Grodno, in charge of vessel- Grodno turned under port helm action (two short blasts being sounded) to pick up boat- Navigation lights switched on- Master not immediately called- Loom of Cape St. George seen ahead- Red of Cape St. George subsequently opened close to on starboard bow of Grodno- Full astern by Grodno- Grodno first observed by Cape St. George crossing her course from starboard to port- Starboard helm action taken by Cape St. George until Grodno safely on her port bow- Green of Grodno subsequently opened on port bow of Cape St. George only a ship's length away- Navigation lights switched on- Helm and engine action taken but ineffective to avoid collision - Contact between stem of Grodno and port bow of Cape St. George- Cape St. George sunk.

THE "PETTER."

(1942) 72 Ll L Rep 134

Salvage- Award - Apportionment - Services rendered by steamship San Gerardo to motor vessel Petter- Petter damaged by grounding- San Gerardo employed to take on board Petter's cargo of fuel oil- Skilful operation occupying two weeks- Danger of fire and explosion- Enemy action- Agreed award of £16,500 - Apportionment between owners, marine superintendents and crew- Provision for minors.

THE "JULIANA."

(1942) 72 Ll L Rep 137

Collision- Sailing without lights- Duty to exhibit lights to avoid collision- Crossing course- Helm action- Collision between motor vessel Helgoy and steamship Juliana off west coast of Scotland- Juliana in convoy- Vessels 5 deg. off opposite courses- Porting by Helgoy; starboarding by Juliana- Contact between stem of Helgoy and port side of Juliana at broad angle.

GULJARILAL KANORIA & CO. v. K. C. SETHIA.

(1942) 72 Ll L Rep 142

Sale of goods (c.i.f.)- Failure to ship- Measure of damages- Sale of jute to be shipped during July and August, 1939- London Jute Association Contract - Extension of time for shipment to Dec. 31- Notification given by sellers by cable of Dec. 28 that goods would not be shipped- Declaration of default - Clause 12 (a): "In the event of default of tender or delivery, seller shall pay to buyer as and for liquidated damages 10s. per ton plus the excess, if any, of the market value over the contract price. The market value is that of the jute contracted for on the day following the date of default; the date of default is the date in London, and if the buyer be resident elsewhere declaration of default must be by telegram. Without a declaration of default, default is eventually made by lapse of time on the 21st day after expiry of the extended period. (b): Should default be made within the extended period for shipment the date of default shall be deemed a 'bill of lading date' as regards payment of the fines specified in the clause relating to 'extension of time for shipment.' If default be declared or made later than the last day of such period, the other party may elect as the date of default either the actual date on which default is notified or the last day allowed for shipment, including the extended period" - Construction - "Default of tender or delivery"- "Date of default" - Arbitration- Award of Appeal Committee of London Jute Association that sellers' cable of Dec. 28, 1939, was a declaration of default; that default took place immediately after the expiration of Dec. 31; and that the date of default (at which the market value would be calculated) was Jan. 1, 1940- Case stated.

JOHN BATT & CO. (LONDON), LTD. v. BROOKER, DORE & CO., LTD.

(1942) 72 Ll L Rep 149

Sale of goods- Repudiation by sellers- Failure to ship- Force majeure clause - Extension of time for shipment- Waiver- Sale of tinplates c. & f. Stockholm- Shipment February, 1940, from Italian port- Sub-sale to W., of Tallinn, Estonia- "In all cases of force majeure, including . . . blocking of shipping or railway lines . . . and any unforeseen circumstances whatever, any delay occasioned thereby shall not be considered to form part of the time herein mentioned for the completion of the contract"- Intimation made to sellers by shipping company that they would "only accept tinplates for Sweden with guarantee consumption Sweden," unless an undertaking could be obtained from the Ministry of Economic Warfare that any ship in which the goods might be carried would not be delayed by British Contraband Control, or unless sellers undertook to indemnify the shipping company against the costs of any such delay- Undertaking refused by M.E.W., in spite of continuous efforts during February and March by buyers and sellers- Buyers informed by letter from sellers dated Mar. 29 that "we are afraid that shipment cannot be effected to Stockholm unless you can indicate Swedish receivers, and we would hereby call upon your goodselves to indicate Swedish receivers as we can then proceed with shipment to Stockholm in accordance with the order. Should your goodselves not be able to indicate Swedish receivers, we would suggest without prejudice that we are prepared to amend the contract to an f.o.b. Leghorn basis by allowing you the freight calculated as shown upon the contract and leave your goodselves to make your own shipping arrangements" - Letter treated by buyers as a final refusal by sellers to perform and accepted as a repudiation- Claim by buyers for damages- Arbitration- Award that letter "was actually a final repudiation of the said contract and that the buyers accepted it as such"; and that therefore buyers were entitled to damages- Case stated.

SEA & LAND SECURITIES, LTD. v. WILLIAM DICKINSON & CO., LTD.

(1942) 72 Ll L Rep 159

Charter-party - Time charter - Cesser of hire- Six months' charter of claimants' steamship to respondents- Sub-charter by respondents- "12. In the event of loss of time from deficiency of . . . owner's stores, breakdown of machinery, or damage to hull or other accident preventing the working of the steamer . . . the hire shall cease from the commencement of such loss of time until she be again in an efficient state to resume her service"- Arrival at Blyth for purpose of loading coal for Norway - Delay in loading- Opportunity taken by owners at charterers' suggestion to fit degaussing apparatus- Fitting not compulsory- Fitting partly installed before cargo available and completed after loading- Whether ship off hire during fitting- Deficiency of owner's stores- Claim by owners for full hire - Arbitration- Contention by owners that hire was payable throughout the whole contract period except in so far as it was excused by the express terms of the charter-party- Award that ship was off hire during period when she was being degaussed- Case stated.

ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD. v. MORRISON AND OTHERS.

(1942) 72 Ll L Rep 167

Motor insurance - Non-disclosure - Misrepresentation - Answers in proposal form- Avoidance of policy- Notice to third party- Policy taken out by M. with plaintiff company - Accident while being driven by L. with consent of M.- R. killed- Judgment recovered by R.'s widow (third party) against L. - Right to indemnity under policy- Action brought by plaintiffs against M., L. and third party for declaration that they were entitled to avoid policy on ground of misrepresentation and non-disclosure- Notice served on third party containing particulars of misrepresentation and non-disclosure - Right of plaintiffs to rely upon further particulars of non-disclosure contained in amendment to statement of claim made more than seven days after commencement of action- "Q.: Have you [M.] driven cars regularly and continuously in the United Kingdom during the past 12 months? A.: Yes. Q.: How long have you driven motor cars? A.: Three years"- Evidence of previous driving experience of M., though not on highway - Non-disclosure of facts by M. that he had failed to pass driving test, and that he had held provisional licences only- Evidence that both previous (with another company) and present policies contained a £5 excess clause (applicable to an inexperienced driver)- Facts to be proved by insurers in action for rescission - Road Traffic Act, 1930, Sect. 36 - Road Traffic Act, 1934, Sects. 10, 12.

THE "STELLING" AND THE "FERRANTI."

(1942) 72 Ll L Rep 177

Collision - River - Fairway - Interaction - Collision between plaintiffs' steamship Sheaf Water and first defendants' steamship Stelling in Erith Reach, River Thames- Sheaf Water bound down; Stelling bound up - Second defendants' steamship Ferranti, originally on starboard quarter of Sheaf Water, also bound down- Sheaf Water's case that she first observed the Stelling approaching on the starboard bow; that starboard helm signals were exchanged; that at the material time the Ferranti, which was overhauling the Sheaf Water, passed or attempted to pass her at an improper time and in an improper manner; that the Sheaf Water, by reason of interaction between her and the Ferranti, failed to answer her starboard helm; that she accordingly sounded a port helm signal to the Stelling; but that the Stelling came on without altering her course and collided with the starboard side of the Sheaf Water, damaging her and necessitating salvage assistance- Sheaf Water beached - Damage to jetty and dolphin due to slipping off shore- Whether a consequence of collision- Expert evidence as to interaction- Meaning of "fairway" in river- Whether Stelling coming up river in her wrong water- Port of London River By-Laws, 1938, Rules 38, 39.

BULK OIL STEAMSHIP COMPANY, LTD. v. CARDIFF CHANNEL DRY DOCKS & PONTOON COMPANY, LTD. [THE "PASS OF BALLATER."]

(1942) 72 Ll L Rep 187

Negligence - Ship-repairers - Dangerous operations - Delegation of duty - Plaintiffs' tanker undergoing repairs at defendants' yard - Use of oxy-acetylene apparatus by defendants- Fire and explosion involving after cofferdam- Dispute as to location of explosion- Daily inspection by C., as competent analyst, to ensure that vessel was gas-free- Certificates of test issued by C. certifying that poop space was gas-free - After cofferdam not mentioned - Whether included in expression "poop space"- Position of C. considered- Whether C. employed (a) as servant or agent of defendants; (b) as sub-contractor employed by defendants; (c) as servant or agent of plaintiffs - Repair work inherently dangerous- Duty of repairers to exercise high standard of care- Whether delegable to sub-contractor - Shipbuilding Regulations, 1931.

THE "DALEBY."

(1942) 72 Ll L Rep 203

Collision- Damages- Steamship Harpasa damaged by collision with steamship Daleby- Daleby alone to blame- Reference to Registrar- Objection by Harpasa to Registrar's report- Notice of requisition of Harpasa under T. 99 to take effect on completion of voyage- Detention for repairs- Claim: £1940- Sum allowed: £1000&- Deductions by Registrar in respect of savings, overtime, contingencies - Registrar requested by learned Judge to state how deductions were estimated- Motion in objection allowed- Sum increased to take into account admitted arithmetical error and sum erroneously deducted for overtime- Deduction for contingencies (merely a question of amount) upheld- Each side to pay half costs.

KNIGHT v. HOSKEN.

(1942) 72 Ll L Rep 206

Insurance - Estate Agents Indemnity Policy- Defence of action brought against assured- Costs- Contribution by assured- Policy taken out by plaintiff with defendant underwriters indemnifying him in respect of claims (up to £2000) arising by reason of any neglect, omission or error by him in his professional capacity as surveyor and valuer- Clause in policy providing that in the event of the underwriters requiring any claim to be contested by the assured, they would pay all costs, charges and expenses in connection therewith- Valuation of property for mortgage purposes- Action brought by mortgagees against assured claiming £3700 damages in respect of erroneous valuation of property- Notice of claim given to underwriters- Defence undertaken by underwriters- Suggestions subsequently made to assured by underwriters that hem should "contribute on the basis of 1700/3700ths of all costs which may be incurred in the defence of the action"- Assured's reply that he would be prepared to contribute towards the costs which might be incurred in the defence of the action, in the event of award of damages exceeding £2000- Award of damages by Court of Appeal (reversing learned Judge), damages to be assessed by Official Referee- Defence undertaken by underwriters up to Court of Appeal- No attendance before Official Referee- Judgment entered against assured for over £5000- Action brought by assured against underwriters to recover £2000 due under policy; also taxed costs of mortgagees and own costs- Right of underwriters to set off proportion of costs- Enforceability of assured's agreement to contribute- Consideration - Forbearance to discontinue conduct of action.

GRANGEMOUTH & FORTH TOWING COMPANY, LTD. v. GOVERNMENT OF NETHERLANDS EAST INDIES.

(1942) 72 Ll L Rep 216

International law- Ship belonging to foreign Sovereign State - Salvage claim by pursuers in respect of services alleged to have been rendered by their tugs to steamship belonging to foreign Sovereign State- Defenders' plea of "no jurisdiction"- Minute of tender lodged by defenders- Not accepted by pursuers- Waiver of objection to jurisdiction.

THE "LARCHBANK."

(1942) 72 Ll L Rep 219

Collision - Convoy - Fog - Signals - Collision between motor vessels British Petrol and Larchbank in Irish Sea- British Petrol in convoy- Larchbank manoeuvring to join convoy astern of British Petrol- Vessels sighted by each other on approximately parallel courses, at a distance of about one mile, with Larchbank on port side of British Petrol - Visibility subsequently reduced to about a ship's length- Course and speed of British Petrol maintained, but no fog signal sounded - Hard-a-starboarding by Larchbank at speed- Contact between stem of British Petrol and starboard side of Larchbank - Admiralty Directions: "The use of whistles or sirens in a fog is undesirable. They are not to be sounded except in an emergency or on hearing another ship approaching, when the master must use his discretion."

THE "VERNON CITY."

(1942) 72 Ll L Rep 223

Collision- Convoy- Fog- Excessive speed- Whether convoy orders paramount to Collision Regulations - Collision between steamships Lairdscastle and Vernon City off entrance to River Clyde - Lairdscastle bound from Glasgow to Belfast; Vernon City at head of column in inward-bound convoy- Lairdscastle sunk - Vernon City navigating at excessive speed, in breach of Art. 16- Failure to stop her engines on hearing whistle of Lairdscastle forward of her beam- Duty of vessel in convoy to obey convoy orders- Authority of Admiralty to make special provision for regulating the movements and navigation of vessels - Emergency Powers (Defence) Act, 1939- Defence Regulations, 1939- Navigation Order No. 1, 1939.

THE "DALMORE."

(1942) 72 Ll L Rep 228

Collision- Dragging collision - Anchored vessels - Steamships Dalmore, Jernland, Vestmanrod and motor vessel Paul M. at ancher in River Humber- Collisions between Dalmore and Paul M., Jernland and Vestmanrod and between Jernland and Vestmanrod - Actions brought by Paul M., Jernland and Vestmanrod against Dalmore- Plea of inevitable accident- Evidence of weather conditions prevailing- Light draught of Dalmore- Probability of dragging on sandy bottom- Whether Jernland and Vestmanrod came ahead.

THE "VESTVARD."

(1942) 72 Ll L Rep 235

Collision- Convoy- Duty to keep station- Collision between steamship Lord Byron and motor vessel Vestvard- Vessels ordered to form in convoy, with the Vestvard on the port side of the Lord Byron- Vestvard on starboard side of Lord Byron- Station kept by Lord Byron on vessel ahead- Action taken by Vestvard to pass under stern of Lord Byron- Contact between port bow of Vestvard and starboard side of Lord Byron.

H.M.S. "FOLKESTONE."

(1942) 72 Ll L Rep 240

Collision- Meeting convoy- Seamanship- Collision between steamship River Humber and H.M.S. Folkestone- River Humber on course of E.N.E. (mag.)- Convoy on course of 270 deg. true- Folkestone escorting convoy, zig-zagging ahead on course of 230 deg.- Green of River Humber opened on starboard bow of Folkestone- "U" signal ("You are standing into danger") flashed by Folkestone to River Humber - Navigation lights of Folkestone switched on- Green of River Humber subsequently shut in and red opened- Astern action taken by Folkestone- Contact between stem of Folkestone and port side of River Humber- River Humber sunk - Whether Folkestone should have taken earlier action- Applicability of Navigation Order (concerning lights) to H.M. ships- Collision Regulations, Arts. 19, 27, 29.

THE "NEPHRITE."

(1942) 72 Ll L Rep 246

Collision- Convoy- Duty to other vessels in convoy- Look-out - Collision between steamships Falcon and Nephrite- Falcon following astern of Nephrite- Nephrite's engine stopped to avoid closing with vessel ahead of her- Nephrite seen by Falcon to be reducing speed and to be hauling out to starboard - Speed of Falcon eased and port helm action taken to facilitate Nephrite to get back into line- No whistle signals sounded- Swing to port by Nephrite, port bow colliding with starboard side of Falcon- Whether Falcon failed in her duty towards Nephrite.

H.M.S. "SAON."

(1942) 72 Ll L Rep 251

Collision-Convoy-Courses-Helm action -Collision between steamship Emperor and H.M. trawler Saon off Duncansby Head-Emperor, commodore ship, leading second column - Saon, escorting convoy, on Emperor's starboard beam-Ships on parallel courses -Collision between stem of Saon and starboard beam of Emperor at about five point angle-Emperor sunk.

SIGALAS AND ANOTHER v. SCHWEIZERISCHE REEDEREI A.G.

(1942) 72 Ll L Rep 255

Charter-party - Hire - Frustration - Failure of consideration - Time charter of plaintiffs' vessel to defendants- Hire to be paid every 90 days, in advance, non-returnable ship lost or not lost- First 90 days' hire paid- Second payment due June 8 unpaid- Repudiation of charter by charterers on July 2 - Alleged frustration - Vessel withdrawn by owners- Claim by owners for 90 days' hire due; also for war risk insurance premiums paid by owners at charterers' request- Frustration plea abandoned by charterers- Contention that after redelivery to owners there was total failure of consideration and charterers' obligations terminated- Readiness and willingness of owners to perform charter.

THE "MACGREGOR."

(1942) 72 Ll L Rep 261

Collision - Convoy - Collision between motor vessel British Fame and steamship Macgregor-Macgregor leading vessel in port column-British Fame second vessel in second column-Starboard helm action taken by leading vessels (including Macgregor) to avoid approaching crossing vessel-Speed of Macgregor not immediately reduced- Evidence that British Fame had not been keeping her proper station in the convoy-Contact between starboard bow of Macgregor and port bow of British Fame.

THE "SAKARA."

(1942) 72 Ll L Rep 265

Collision- Convoy- Vessel out of position - Collision between steamships Corfen and Sakara in North Sea convoy, northward bound, with Corfen in port column and Sakara originally in starboard column- Sakara out of station and interposed between Corfen and vessel astern of her- Contact between stem of Sakara and starboard quarter of Corfen- Duty of Sakara.

THE "MARGA."

(1942) 72 Ll L Rep 268

Collision- Anchorage- Vessels proceeding from anchorage to form convoy- Collision between steamships Foam Queen and Marga in Largo Bay- Further collision between Foam Queen and steamship Mathilda- Instructions to weigh anchor and proceed given by Foam Queen (commodore ship)- Foam Queen turned on to course of S.S.E. and intending to pass under stern of Mathilda - Marga proceeding ahead from her anchored heading of E.N.E.- Red of Marga open on starboard bow of Foam Queen- Contact between port bow of Marga and starboard quarter of Foam Queen- Further contact between starboard bow of Foam Queen and port side of Mathilda (still at anchor)- Respective duties - Whether Marga under obligation to keep out of way of Foam Queen as commodore vessel- Application of Collision Regulations in absence of special instructions- Duty of Marga to keep her course and speed - Whether she took such action as would "best aid to avert collision"- Collision Regulations, Arts. 19, 21, 22, 27, 29.

THE "HETTON."

(1942) 72 Ll L Rep 276

Collision- Anchorage- Look-out- Collision between steamships Chelwood and Hetton in Sea Reach, River Thames- Both vessels bound up river- Hetton, having overtaken Chelwood, turned under starboard wheel, preparatory to anchoring to flood tide- Found after anchoring to be too close to buoy- Anchor hove up and vessel moved ahead- Hetton embarrassed by up-coming tug- Chelwood swinging to her anchor with her stern to northward- Contact between starboard quarter of Chelwood and starboard side of Hetton - Whether Chelwood negligent in failing to sound turning signal.

THE "SCOTTISH MUSICIAN."

(1942) 72 Ll L Rep 284

Collision - Meeting convoy - Look-out - Duty of unencumbered vessel to keep out of way of convoy - Collision between steamship Glenbride and motor vessel Scottish Musician near Smalls- Scottish Musician in convoy - Loom of Scottish Musician seen by Glenbride about quarter of a mile away on port bow- Navigation lights of Glenbride switched on - Red of Glenbride picked up over half a minute later by Scottish Musician on starboard bow, when vessels about 300 yards apart- Lights immediately switched on - Green of Scottish Musician opened on port bow of Glenbride- Starboarding by Glenbride- Contact between stem of Scottish Musician and port side of Glenbride- Whether Glenbride negligent in being unaware of convoy - Duty of Scottish Musician- Notice to Mariners (No. 7 of 1941): "In circumstances where a single vessel has not taken early measures to keep out of the way of a squadron . . . the Regulations for Preventing Collisions at Sea must be the guide"- Meaning of notice.

Lloyd's Law Reports