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OVERSEAS TANKSHIP (U.K.) LTD. v. MORT'S DOCK & ENGINEERING COMPANY, LTD. (THE "WAGON MOUND")

[1961] 1 Lloyd's Rep 1

Negligence - Foreseeable damage - Direct consequence-Escape of furnace oil from ship in harbour-Fire-Damage to wharf -Liability of demise charterers of ship- Allegation that fire was not foreseeable- Remoteness of damage-Foreseeability of damage consequent on escape of oil.

PEACOCK v. RICHARD ABEL & SONS, LTD.

[1961] 1 Lloyd's Rep 12

Master and servant-Safe plant and appliances -Defective angle-iron supporting hatch-boards -Barge master's fatal fall while replacing hatch-boards - Dispute as to cause of fall-Liability of employers- Appeal-Evidence of witness, rejected by trial Judge, accepted by Court of Appeal.

THE "BALLYALTON" (OWNERS) v. BOROUGH OF PRESTON (THE "BALLYALTON")

[1961] 1 Lloyd's Rep 23

Bad berth-Damage to vessel on taking ground -Publication of notice exempting berth owners from liability for damage to vessels using berth-Effect of notice on liability of berth owners.

BJORLO v. NEWINGTON STEAM TRAWLING COMPANY, LTD. (THE "WARWICK DEEPING")

[1961] 1 Lloyd's Rep 30

Master and servant-System of working- Fellow-employee - Docking of trawler - Mate injured by mooring rope-Alleged lack of supervision and insufficiency of crew-Alleged negligence of skipper and crew - Liability of shipowners - Contributory negligence.

OPIE v. FALMOUTH DOCKS & ENGINEERING COMPANY

[1961] 1 Lloyd's Rep 38

Shipbuilding Regulations, 1931 - Means of access-Lighting-Watchman, on ship in shipbuilding yard, injured in fall at night - Liability of ship-repairers - Whether watchman a person employed within Regulations-Regulations 1, 10, 42.

MASH & MURRELL, LTD. v. JOSEPH I. EMANUEL, LTD.

[1961] 1 Lloyd's Rep 46

Sale of goods (c. & f.)-Merchantable quality- Fitness - Arrival of potatoes in unmerchantable condition - Alleged implied term that goods should arrive sound after normal voyage-Sale of Goods Act, 1893, Sect. 14 (1), (2).

RIVERSTONE MEAT COMPANY, PTY., LTD. v. LANCASHIRE SHIPPING COMPANY, LTD. (THE "MUNCASTER CASTLE")

[1961] 1 Lloyd's Rep 57

Carriage by sea - Unseaworthiness - Due diligence-Independent contractor-Seawater damage to cargo in hold of vessel- Claim by cargo-owners-Liability of shipowners for unseaworthiness resulting from negligence of ship-repairers' employee - Meaning of "exercise due diligence to make the ship seaworthy"- Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 1, Art. IV, r. 1.

MORGAN v. A. E. SMITH COGGINS, LTD.

[1961] 1 Lloyd's Rep 92

Master and servant - Fellow-employee - Discharging of cargo of copper ingots- Landing man's fingers trapped-Alleged negligence of railman issuing order to winchman-Contributory negligence.

CHRISTMAS v. BLUE STAR LINE, LTD., AND HARLAND & WOLFF, LTD.

[1961] 1 Lloyd's Rep 94

Negligence-Safe premises-Defective ship's staircase-Ship-repairers' employee struck by step which broke away and fell from staircase - Liability of shipowners - Occupiers' Liability Act, 1957. Master and servant-Fellow-employee-System of working - Ship-repairers' employee struck by step which broke away and fell from ship's staircase - Allegation that ship-repairers' employees negligently fastened lifting gear to staircase - Liability of ship-repairers.

MESSERS, LTD. v. HEIDNER & CO.

[1961] 1 Lloyd's Rep 107

Sale of goods-Quality-Timber delivered sap-stained - Whether anti-stain treatment carried out with reasonable care - Liability of sellers-Pacific Coast Contract (c.i.f.) Form. Arbitration-Costs-Award stated in form of special case at request of sellers-Award, in favour of sellers. requiring sellers to pay two-thirds of costs - Whether arbitrators' discretion as to costs exercised judicially.

PRACTICE DIRECTION

[1961] 1 Lloyd's Rep 119

Witness List-Fixed Dates

JONES CONSTRUCTION COMPANY AND OTHERS v. ALLIANCE ASSURANCE COMPANY, LTD.

[1961] 1 Lloyd's Rep 121

Contractors all risk insurance-Extension of policy period - Whether policy self-extending or new contract required- Alleged implied term enabling policy to be extended-Inconsistency with express terms of policy.

UNION OF INDIA v. COMPANIA NAVIERA AEOLUS, S.A.

[1961] 1 Lloyd's Rep 132

Charter-party - Demurrage - Strike after expiration of lay days-Effect of Centrocon Strike Clause - Meaning of "time for loading or discharging"-Bill of lading incorporating charter-party terms - Liability of receivers of cargo for demurrage during strike period.

CROUCHER v. WOLFE AND S. A. WISE & CO. (1955), LTD.; E. S. MOSS, LTD. (THIRD PARTY)

[1961] 1 Lloyd's Rep 139

Contract-Use of lorry-Obligation on owner to insure user-User liable for injuries to motor-cyclist-Whether owner in breach of term of alleged hiring contract to insure user.

JAMES LAING, SON & CO. (M/C.), LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1961] 1 Lloyd's Rep 142

Arbitration - Arbitrators - Jurisdiction - Invoicing back-Motion to set aside or remit award in which arbitrators determined invoicing-back price and damages -Alleged excess of jurisdiction by arbitrators - General Produce Brokers' Association of London Conditions, Condition 33(a). Arbitration-Award-Error of law on face of award-Motion to set aside-Limitation on Court as to reading extraneous documents. Sale of goods-Invoicing back-Value "at destination named in contract"-Destination named after contract concluded- Effect-General Produce Brokers' Association of London Conditions, Condition 33(a).

MOOR v. GREENHITHE LIGHTERAGE COMPANY, LTD.

[1961] 1 Lloyd's Rep 149

Factories Act, 1937-Means of access-Shipyard -Barge lying on river bed-Labourer injured in fall from plank between wharf and barge - Whether accident within precincts of yard-Absence of guard-rail on plank-Liability of employers (owners of shipyard) - Factories Act, 1937, Sects. 26 (1), 151.

LOUDEN v. BRITISH MERCHANTS' INSURANCE COMPANY, LTD.

[1961] 1 Lloyd's Rep 154

Motor insurance-"Whilst under the influence of . . . intoxicating liquor"-Death of assured while travelling in motor car not belonging to him-Whether assured under influence of intoxicating liquor-Meaning of "whilst".

HONGKONG FIR SHIPPING COMPANY, LTD. v. KAWASAKI KISEN KAISHA, LTD.

[1961] 1 Lloyd's Rep 159

Charter-party - Unseaworthiness - Crew - Frustration-Repudiation of time charter by charterers-Alleged failure to deliver and maintain seaworthy vessel-Allegation that vessel was incapable of charter speed -Whether unseaworthiness gave charterers right to rescind-Whether frustration depended on time taken to make vessel seaworthy amounting to a "frustrating time" or exceeding a reasonable time.

BRITISH TRANSPORT COMMISSION v. HINGLEY (VALUATION OFFICER) AND ANOTHER

[1961] 1 Lloyd's Rep 177

Rating - Assessment - Docks - Profits basis - Whether special circumstances in nationalized industry justified departure from profits basis of assessment-Effect of finding of fact by Lands Tribunal.

POLAND AND OTHERS v. JULIEN PRAET ET CIE., S/A JULIEN PRAET ET CIE., S/A v. H. G. POLAND, LTD.

[1961] 1 Lloyd's Rep 187

Contract - Motor insurance binder - Alleged breach by coverholders.

THE "GORM"

[1961] 1 Lloyd's Rep 196

Collision-Narrow channel-Look-out-Use of binoculars.

F. T. EVERARD & SONS, LTD. v. LONDON AND THAMES HAVEN OIL WHARVES, LTD., AND OTHERS (THE "ANONITY")

[1961] 1 Lloyd's Rep 203

Limitation of liability-Improper management of ship - Actual fault or privity - Jetty destroyed by fire owing to negligence of crew of vessel - Alleged inadequate instructions to extinguish galley fires while vessel lying at oil jetties-Whether shipowners entitled to limit their liability.

PHILLIPS v. ELDER DEMPSTER LINES, LTD.

[1961] 1 Lloyd's Rep 211

Negligence-Unnecessary risk-Occupational hazard - Fellow-employee - System of working - Unloading crates of veneer from hold of vessel-Injury to stevedore -Alleged bad stowage-Liability of shipowners -Use of dockers' hooks on bands round crates - Alleged negligence of fellow-employee - Vicarious liability of shipowners.

E. ROTHERAY & SONS, LTD. v. CARLO BEDARIDA & CO.

[1961] 1 Lloyd's Rep 220

Arbitration-Award-Motion to set aside or remit - Misconduct of arbitrator or proceedings - Some documents before arbitrators in foreign language which one arbitrator could not understand-Whether amounting to misconduct in proceedings -Likelihood of substantial miscarriage of justice justifying interference by Court- Bradford Chamber of Commerce Arbitration Rules, Rule 4 (n). Arbitration - Rules - Arbitrator prohibited from giving evidence in proceedings arising out of arbitration-Public policy.

ANDERSON v. TYNE IMPROVEMENT COMMISSIONERS

[1961] 1 Lloyd's Rep 226

Master and servant-Unnecessary risk-Plant and appliances-Lack of instruction-Use of electrically-powered mobile vertical hoist-Injury to operator-Liability of employers.

EVERA S.A. COMMERCIAL v. BANK LINE, LTD. (THE "GLENBANK")

[1961] 1 Lloyd's Rep 231

Charter-party-"Argentine Maritime Pensions Tax to be for charterers' account"-Tax demanded paid by shipowners-Claim to recover from charterers - Denial by charterers that shipowners were legally liable for entire sum paid-Whether entire sum paid recoverable from charterers.

BATCHELOR v. REDERIJ A. & L. POLDER

[1961] 1 Lloyd's Rep 247

Damages - Assessment - Personal injuries claim-Post-traumatic hysterical pseudo-dementia.

L. HARRIS (HARELLA), LTD. v. CONTINENTAL EXPRESS, LTD., AND BURN TRANSIT, LTD.

[1961] 1 Lloyd's Rep 251

Negligence-Loss in transit-Van containing goods stolen-Negligence of van driver- Van on hire to forwarding agents- Liability of forwarding agents to owners of goods-Effect of clause in contract, exempting liability for negligence, on action in negligence - Liability of van owners to owners of goods-Whether van driver in employment of forwarding agents or van owners-Claims by forwarding agents and van owners to be indemnified by the other - Principles applicable to construction of exemption clauses.

BATTEN v. HARLAND & WOLFF, LTD.

[1961] 1 Lloyd's Rep 261

Master and servant-Unnecessary risk-Means of access-Inadequate foothold on ladder -Obvious danger-Injury to riveter while working from ladder - Liability of employers-Contributory negligence.

KEATING v. CHANNEL SHIPPING, LTD., AND G. ASTRIDGE & SONS

[1961] 1 Lloyd's Rep 264

Negligence-Reversing lorry on quay-Ladder extending over quay from ship-Injury to electric truck driver when he struck ladder while avoiding lorry-Liability of lorry owners-Liability of shipowners- Lorry owners joined as second defendants, nearly three years after accident-Special order as to costs.

SAYER v. STEPHENSON CLARKE, LTD.

[1961] 1 Lloyd's Rep 271

Master and servant-Unnecessary risk-Safe plant and appliances-Seaman killed while operating winch without assistance - Liability of shipowners - Contributory negligence.

VENDAIR (LONDON), LTD. v. GIRO AVIATION COMPANY, LTD.

[1961] 1 Lloyd's Rep 283

Contract-Hiring of aircraft-". . . return the aircraft in condition equivalent to when supplied"-Aircraft returned damaged- Liability of hirers-Whether aircraft fit for purpose.

OLIVERE v. CUNARD STEAM-SHIP COMPANY, LTD.

[1961] 1 Lloyd's Rep 290

Passenger-Alleged negligence of steward in leaving bucket on cabin floor causing injury to passenger - Liability of shipowners.

COMPAGNIE CONTINENTALE D'IMPORTATION ZURICH S.A. v. ISPAHANI, LTD.

[1961] 1 Lloyd's Rep 293

Sale of goods (f.o.b.)-Export duty-I.A.P.I. terms-Whether alteration in export duty on buyers' or sellers' account.

ELLIS v. SCRUTTONS, LTD.

[1961] 1 Lloyd's Rep 304

Master and servant - Unnecessary risk - Obvious danger - Fellow-employees - Injury to stevedore when wooden case he was lifting disintegrated - Duty of employers and/or fellow-employees to give warning-Alleged contributory negligence.

GILBERT J. McCAUL & CO., LTD. v. J. R. MOODIE & CO., LTD.

[1961] 1 Lloyd's Rep 308

London Corn Trade Association, Ltd., Contract (Form No. 14)-"Vessel to discharge according to the custom of the Port"- Right of buyers to be indemnified by sellers against buyers' liability to shipowners for time spent (outside port) in waiting for berth.

J. D. McLAREN & CO. (CEYLON), LTD. v. NOMIKOS (LONDON), LTD.

[1961] 1 Lloyd's Rep 318

Contract-Disbursements-Whether shipping agents guaranteed payment of port agents' disbursements.

THE "ELNA II" AND THE "MISSION SAN FRANCISCO"

[1961] 1 Lloyd's Rep 322

Limitation of liability-Collision-Tankers not rendered gas-free-Whether owners and operators precluded from limiting their liability. Limitation of liability - Collision - Undermanning of vessel - Whether owners precluded from limiting their liability. Collision-Starboard-hand rule. Collision-Tardy avoiding action-Failure to give warning signal.

PRACTICE DIRECTION

[1961] 1 Lloyd's Rep 328

Sittings of Patents Appeal Tribunal

TSAKIROGLOU & CO., LTD. v. NOBLEE & THORL, G. M.B.H.

[1961] 1 Lloyd's Rep 329

Sale of goods (c.i.f.) - Non-performance - Alleged frustration due to closing of Suez Canal-Whether shipment prevented by force majeure-Meaning of "shipment"- Effect of finding of fact by I.O.S.A. Board of Appeal that performance via Cape of Good Hope "was not commercially or fundamentally different" from performance via Suez Canal-Incorporated Oil Seed Association Contract No. 38.

REINHART COMPANY v. JOSHUA HOYLE & SONS, LTD.

[1961] 1 Lloyd's Rep 346

Sale of goods (c. & f.)-Insurance-Country damage to cotton - Modified c.i.f. form used in c. & f. contract-"In the event of cotton arriving . . . country-damaged . . . the Seller shall repay to the Buyer any loss not covered by insurance" - Meaning - Alleged duty on sellers to insure goods up to shipment - Whether buyers' policy covered goods prior to shipment-Meaning of "at and from"; "lost or not lost" - Liverpool Cotton Association, Ltd., Contract Form 14 (modified).

THE "ARABERT" (No. 2) (LIMITATION)

[1961] 1 Lloyd's Rep 363

Limitation of liability-Wreck-raising expenses -Whether those expenses within meaning of Merchant Shipping Act, 1894, Sect. 503 and/or Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 1 -Decision by Court of Session in The "Urka" considered.

CRABB (H.M. INSPECTOR OF TAXES) v. BLUE STAR LINE, LTD.

[1961] 1 Lloyd's Rep 376

Revenue-Income tax-Policy moneys and premiums in respect of delay in completion of vessels under construction-Whether receipts and payments of a capital nature.

REARDON SMITH LINE, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD GARIBALDI, SOCIETA CO-OPERATIVA DI NAVIGAZIONE, A.R.L. v. THE PRESIDENT OF INDIA CARLTON STEAMSHIP COMPANY, LTD., AND CAMBAY STEAMSHIP COMPANY, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD CAPE OF GOOD HOPE MOTOR SHIP COMPANY, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD (THE VANCOUVER STRIKE CASES)

[1961] 1 Lloyd's Rep 385

Charter-party-Demurrage-Strike-Duties of charterers when loading port becomes strike-bound-Option to load alternative cargo-Calculation of lay days-Meaning of "a working day."

DAWSON v. YEOWARD

[1961] 1 Lloyd's Rep 431

Sale of ship-Representation or warranty- Discovery of underwater damage to motor yacht after sale-Whether seller warranted vessel was sound - Whether damage sustained before or after sale.

PRACTICE DIRECTION

[1961] 1 Lloyd's Rep 458

Applications for extension of the term of a Patent.

EARL v. HECTOR WHALING, LTD.

[1961] 1 Lloyd's Rep 459

Seamen - Whaling expedition - Contract of service-Mistake-Rectification-Whether seaman entitled to pay for guaranteed minimum period - Whether seaman accompanied expedition from departure to arrival back-Appeal-Standard of proof required in rectification case.

THE "ACRUX"

[1961] 1 Lloyd's Rep 471

Admiralty practice-Appraisement and sale- Application and motions for (1) suspension of order; (2) rescission of order; and (3) correction of order.

YORKSHIRE INSURANCE COMPANY, LTD. v. NISBET SHIPPING COMPANY, LTD.

[1961] 1 Lloyd's Rep 479

Marine insurance - Subrogation - Total loss paid by insurer under a valued policy- Greater sum recovered by assured from third-party-Right of insurer to recover excess from assured-Marine Insurance Act, 1906, Sect. 79 (1).

BARTLETT & PARTNERS, LTD. v. MELLER

[1961] 1 Lloyd's Rep 487

All risks insurance - Goods in transit - Alleged loss-Whether goods were lost in transit and particular transit was covered - Cessation of risk - Construction of policy wording which followed slip - "Contra proferentes" principle.

CHRISTOPHERSON v. CLAN LINE STEAMERS, LTD., AND J. A. MULHERN & CO., LTD.

[1961] 1 Lloyd's Rep 495

Negligence - Unnecessary risk - Dismantling of ship's steam generator-Scalding of fitter - Liability of shipowners and/or ship-repairers-Duty to ensure generator was safe.

REPUBLIC OF FRANCE AND COMPAGNIE GENERALE TRANSATLANTIQUE v. UNITED STATES OF AMERICA AND ANOTHER (THE "GRANDCAMP")

[1961] 1 Lloyd's Rep 504

Limitation of liability-Negligence-Foreseeability of consequences - Fire and explosion on board ship in port-Liability of shipowners - Whether explosion was reasonably foreseeable.

PRACTICE DIRECTION

[1961] 1 Lloyd's Rep 512

Withdrawal of solicitor who has ceased to act for a party in a pending appeal to the Court of Appeal.

AVIATION & SHIPPING COMPANY, LTD. v. MURRAY (H.M. INSPECTOR OF TAXES)

[1961] 1 Lloyd's Rep 513

Revenue - Income tax - Discontinuance of trade-Succession to trade and assets (two vessels) of wholly-owned subsidiary company by parent company - Sale of vessels by parent company and replacement vessels purchased-Whether on the sale of vessels formerly owned by subsidiary there was a permanent discontinuance of subsidiary's trade - Finance Act, 1954, Sect. 17.

PROPHET v. PLATT BROTHERS & CO., LTD.

[1961] 1 Lloyd's Rep 524

Protection of Eyes Regulations, 1938 - "Fettling" - Chipping of groove into iron casting by fitter-Injury to eye - Whether process was "fettling" and within Regulations-Factories Act, 1937, Sect. 49.

HATCH v. SCRUTTONS, LTD.

[1961] 1 Lloyd's Rep 529

Master and servant - Fellow-employees - Unloading of vessel alongside quay - Stacker-truck struck by set, injuring driver-Duty on crane-driver and shore gang to users of quay - Contributory negligence.

G. MEREL & CO., LTD. v. CHESSHER

[1961] 1 Lloyd's Rep 534

Wharfingers - Bailment - Conversion - Loss of timber at wharf - Liability of wharfingers.

HAYHURST v. F. T. EVERARD & SONS, LTD.

[1961] 1 Lloyd's Rep 538

Docks Regulations, 1934 - Hatch covers - Lighting - Means of access - Ship's engineer's fatal fall into open hold of vessel in dock-Applicability of Regulations -Regulations 9, 12, 37, 45. Master and servant - Safe premises - Ship's engineer's fatal fall into open hold of vessel in dock-Liability of shipowners.

REDERI OVE SKOU v. KEENE, MARSLAND & CO.

[1961] 1 Lloyd's Rep 544

Contract - Guarantee - Whether solicitors personally undertook that guarantee would be provided.

MURPHY v. LUTROUS STEAMSHIP COMPANY, LTD.

[1961] 1 Lloyd's Rep 550

Master and servant-Safe plant and appliances -System of working-Erection of wind sail span-Use of wire rope and bottle screw-Seaman's fall-Liability of shipowners.

LEVAL & CO., INC. v. COLONIAL STEAMSHIPS, LTD.

[1961] 1 Lloyd's Rep 560

Carriage by sea-Management of vessel- Water damage to cargo after collision- Alleged failure by master properly to care for cargo - Intervention by shipowner's marine superintendent - Whether shipowner had thereby taken over control of vessel from master and was personally responsible-Canadian Water Carriage of Goods Act, 1936, Art. III, r. 2, Art. IV, r. 2 (a), (c).

NORTON v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1961] 1 Lloyd's Rep 569

Negligence - Principal and agent - Vicarious liability-Licensed porter injured by shipowners' truck driven by fellow-porter- Whether fellow-porter was servant or agent of shipowners. Master and servant - Fellow-employee - Licensed porter injured by shipowners' truck driven by fellow-porter - Whether porter was servant or agent of shipowners -Liability of shipowners. Costs - Taxation of costs on appeal from Liverpool Court of Passage.

RUTBERG v. WILLIAMS

[1961] 1 Lloyd's Rep 580

Merchant Shipping (Safety and Load Line Conventions) Act, 1932-Overloading of vessel-Fine-Jurisdiction of Magistrate to impose additional fine-Sect. 44.

COWARD v. MOTOR INSURERS' BUREAU

[1961] 1 Lloyd's Rep 583

Motor Insurers' Bureau-Passenger killed- Driver liable-Passenger not covered by insurance-Liability of M.I.B.-Whether passenger carried for hire or reward and was required to be covered-Admissibility of evidence.

PATHAK v. JAMES NOURSE, LTD.

[1961] 1 Lloyd's Rep 590

Master and servant-Vessel manoeuvring from quay-Deck-hand injured by rope running out - Negligent handling of vessel - Liability of shipowners-Alleged inevitable accident.

RE INDEPENDENT AIR TRAVEL, LTD. (Application of Receiver)

[1961] 1 Lloyd's Rep 604

Personal accident insurance-Policy moneys- Winding up of company after death of employees - Whether company holding policy moneys in trust for estates of employees-Whether company deemed to have received whole of moneys after set off by brokers.

THAMES LAUNCHES, LTD. v. CORPORATION OF TRINITY HOUSE

[1961] 1 Lloyd's Rep 608

Pilotage-Navigation of small passenger boats in pilotage district - Whether vessels required to request or accept service of pilot - Licensed watermen's right to operate boats without pilot-Meaning of "making use of any port in the district" -Pilotage Act, 1913 - Port of London (Consolidation) Act, 1920-Watermen's and Lightermen's Amendment Act, 1859.

Lloyd's Law Reports