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CARTLEDGE AND OTHERS v. E. JOPLING & SONS, LTD.

[1963] 1 Lloyd's Rep 1

Limitation of action - Pneumoconiosis - Ventilation of factory-Breach of duty by fettlers' employers causing pneumoconiosis -Dispute as to when cause of action accrued - Onus of proof - Liability of employers.

REARDON SMITH LINE, LTD. v. MINISTRY OF AGRICULTURE, FISHERIES AND FOOD 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)

[1963] 1 Lloyd's Rep 12

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

AIKEN v. PORT OF LONDON AUTHORITY

[1963] 1 Lloyd's Rep 44

Master and servant-Safe premises-Means of access - Lighting - Floor of warehouse - Obstruction - Injury to bogie driver - Liability of defendants as employers and/or as occupiers of warehouse - Factories Act, 1937, Sect. 26 (as amended by F.A., 1959, Sect. 5) - Factories (Standards of Lighting) Regulations, 1941.

VERNON v. BRITISH TRANSPORT COMMISSION

[1963] 1 Lloyd's Rep 55

Master and servant - Unnecessary risk - Safe-plant - Coal tipper - Fatal injuries to employee - Foreseeability - Liability of employers - Alleged contributory negligence.

THE "ST. MERRIEL"

[1963] 1 Lloyd's Rep 63

Admiralty Court - Jurisdiction - Possessory lien on ship held by ship-repairers in respect of "owners' repairs" ordered by demise charterers - Whether an "other charge on any ship" - Administration of Justice Act, 1956, Sect. 3 (3). -Action "in rem" by ship-repairers against shipowners in respect of "owners' repairs" ordered by demise charterers - Liability of shipowners "in personam" - Whether demise charterers were beneficial owners of ship - Administration of Justice Act, 1956, Sect. 3 (4). Repairs to ship - Liability of shipowners in action "in rem" by ship-repairers for "owners' repairs" ordered by demise charterers.

THE "FRISTON"

[1963] 1 Lloyd's Rep 74

Collision - River - Starboard-hand rule - Vessel rounding bend in river - Signals - Look-out - Speed - Port of London River By-laws, 1938 and 1958, Rule 38(a).

BARCLAYS BANK, LTD. v. COMMISSIONERS OF CUSTOMS AND EXCISE

[1963] 1 Lloyd's Rep 81

Bills of lading - Documents of title - Pledge of goods - Whether bills of lading, after completion of contract of carriage, were still documents of title enabling effective pledge to be made by owners of goods.

HONEYWOOD v. D. BADCOCK (WHARVES), LTD.

[1963] 1 Lloyd's Rep 91

Master and servant-Unnecessary risk-System of working-Unloading spelter from hold of vessel at wharf-Injury to dock worker-Liability of employers-Docks Regulations, 1934, Regulation 41.

THE "FILBY QUEEN"

[1963] 1 Lloyd's Rep 95

Collision - Vessels approaching on opposite courses-Look-out.

THE "CENTURITY"

[1963] 1 Lloyd's Rep 99

Negligent navigation - Putting by - Vessels meeting at harbour entrance.

THE "CARL JULIUS"

[1963] 1 Lloyd's Rep 104

Collision-River-Vessel crossing channel-Look-out-Signals- St. Lawrence Seaway-Rules of the Road for the Great Lakes, 1954, Rule 31.

COUGHLIN v. NAVIGATION MARITIME BULGARE

[1963] 1 Lloyd's Rep 113

Occupiers' Liability Act, 1957-Duty of care -Injury to stevedore working in hold of vessel - Whether hole existed in bilge board-Liability of shipowners.

ADAMSON v. AYR ENGINEERING & CONSTRUCTIONAL COMPANY, LTD.

[1963] 1 Lloyd's Rep 117

Master and servant-Unnecessary risk-Fellow-employee- Injury to marine fitter working in cylinder of engine of motorvessel -Alleged excessive heat-Liability of employers.

ROPER v. SCRUTTONS, LTD.

[1963] 1 Lloyd's Rep 120

Master and servant - Unnecessary risk - Slippery floor-Ice on floor of refrigerated hold in vessel-Stevedore injured in fall -Liability of employers.

McCUTCHEON v. DAVID MACBRAYNE, LTD.

[1963] 1 Lloyd's Rep 123

Carriage by sea-Conditions of carriage-Total loss of motor car carried on vessel - Liability of carriers-Whether contract of carriage was subject to carriers' conditions of carriage.

PEARSON v. NORTHEAST AIRLINES, INC.

[1963] 1 Lloyd's Rep 130

Conflict of laws - United States - Wrongful death statute of "locus delicti" embodying limitation on damages - Whether applicable in whole or in part by forum- Full Faith and Credit Clause - Due Process Clause - Substance-procedure dichotomy-Proper law for calculation of interest on judgment. Carriage by air-Death of passenger-Whether "quantum" of damages limited by "lex loci delicti" or "lex fori".

GRAY v. VICKERS-ARMSTRONGS (SHIPBUILDERS), LTD.

[1963] 1 Lloyd's Rep 143

Master and servant - System of working - Gang moving pig iron (ballast) in hold of vessel in shipyard-Injury to member of gang-Liability of employers.

AYLMER v. VICKERS-ARMSTRONGS (ENGINEERS), LTD.

[1963] 1 Lloyd's Rep 147

Shipbuilding Regulations, 1931-"Safe means of access shall be provided" - Injury to fitter descending gangway from ship under construction - Liability of employers - Regulation 1.

SAILTASK, LTD. v. NATIONAL DOCK LABOUR BOARD

[1963] 1 Lloyd's Rep 152

Dock Labour Scheme-Unregistered employer employing labour at Sheerness Harbour- Whether Sheerness within Scheme.

LAURENT v. SALE & CO.

[1963] 1 Lloyd's Rep 157

Champerty-Assignment of debts-Action by assignee to recover from debtors-Whether assignments were champertous and could be pleaded as defence to action.

MOORHEAD v. THOMAS SMITH & SONS, OF SALTLEY, LTD.

[1963] 1 Lloyd's Rep 164

Negligence - Dangerous chattel - Hammer - Injury to ship's engineer's eye when fragment flew from hammer-Liability of manufacturers.

MILLS v. SMITH; SINCLAIR (THIRD PARTY)

[1963] 1 Lloyd's Rep 168

WELLER v. THOMAS WALLIS, LTD.

[1963] 1 Lloyd's Rep 178

Master and servant-Safe system of working- Unnecessary risk-Stevedore's fall in hold of vessel allegedly due to oil patch - Liability of employers-Foreseeability of risk.

AMIS v. SMITH'S DOCK COMPANY, LTD., AND BARBER & HERON, LTD.

[1963] 1 Lloyd's Rep 181

Negligence - Duty of care - Shot-blasting - Plater's labourer injured in fall from gangway to staging beside ship in dry dock-Whether fall due to cloud of dust and grit resulting from shot-blasting operations by contractors - Liability of contractors. Master and servant - Means of access - Plater's labourer injured in fall from gangway -Liability of employers-Shipbuilding Regulations, 1931, Regulation 1-Factories Act, 1937, Sect. 26 (2).

-System of working-Shot-blasting in vicinity of employee's place of work- Injury to employee-Liability of employers.

O'MALLEY v. SHEPPARD & SONS, LTD., AND SUBMARINE CABLES, LTD. SHEPPARD & SONS, LTD. v. O'MALLEY AND VULCAN BOILER AND GENERAL INSURANCE COMPANY, LTD. (BY COUNTERCLAIM) SUBMARINE CABLES, LTD. v. SAME (BY COUNTERCLAIM)

[1963] 1 Lloyd's Rep 189

Negligence-Crane testing-Injury to inspector when crane toppled over - Liability of crane operators; crane hirers; crane inspector; crane inspector's employers (insurers).

THE "SITALA"

[1963] 1 Lloyd's Rep 205

Collision - Fog - Radar - Excessive speed - Alteration of course-Absence of plotting -Whether radar observation sufficient ascertainment of position justifying not stopping engines on hearing fog signal from other vessel-Collision Regulations, 1954, Rule 16 (b).

GOVERNMENT OF CEYLON v. CHANDRIS

[1963] 1 Lloyd's Rep 214

Arbitration - Award - Motion to set aside - Misconduct of umpire - Alleged mis-reception of evidence-Whether award of fees to arbitrators and umpire "ultra vires".

COOK v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1963] 1 Lloyd's Rep 231

Master and servant - Negligent navigation - Fellow-employee-Pokerman injured when his barge, in tow, collided with another barge-Liability of employers.

JOHNSON v. CAMMELL LAIRD & CO. (SHIPBUILDERS & ENGINEERS), LTD.

[1963] 1 Lloyd's Rep 237

Master and servant-Unnecessary risk-Cleaning dry dock wall - Conjunctivitis contracted by scaler - Whether due to wind-blown dust in dry dock - Whether provision of goggles necessary-Liability of employers.

JONES v. THOMAS

[1963] 1 Lloyd's Rep 242

Thames Conservancy Act, 1932 - "Passing vessels"-Collision between river launch and sailing dinghy in River Thames - Whether launch "passing" dinghy, giving rise to duty on launch to navigate with special care and attention-Sect. 97.

FIDELITAS SHIPPING COMPANY, LTD. v. V/O EXPORTCHLEB

[1963] 1 Lloyd's Rep 246

Charter-party-Cesser clause-Whether bill of lading gave shipowners lien for full amount of demurrage incurred at port of loading -Liability of charterers for demurrage- Meaning of "as per charter-party".

FRANCIS v. THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

[1963] 1 Lloyd's Rep 256

Master and servant - System of working - Lighterman's fall while sweeping out barge -Alleged defective ceiling - Liability of employers (barge-owners) - Consideration of employers' system of working.

WATTS v. EMPIRE TRANSPORT COMPANY, LTD.

[1963] 1 Lloyd's Rep 263

Master and servant - System of working - Disposal of galley refuse while at sea- Hand of infant catering boy trapped between refuse drum and ship's rail - Liability of shipowners.

DEGIORGIO v. PORT OF LONDON AUTHORITY

[1963] 1 Lloyd's Rep 266

Master and servant - System of working - Fellow-employee-Alleged injury to dock worker while assisting to carry baulk of timber-Liability of employers.

BARRAM v. LONDON & SOUTHAMPTON STEVEDORING COMPANY, LTD.

[1963] 1 Lloyd's Rep 269

Master and servant - Fellow-employee - System of working-Unloading of vessel by crane -Dock worker struck by set of cargo- Occupational hazard - Liability of employers.

TARRANT v. PORT OF LONDON AUTHORITY AND GENERAL STEAM NAVIGATION COMPANY, LTD.

[1963] 1 Lloyd's Rep 272

Negligence - Safe premises - Stevedore's fall into hold of vessel-Liability of employers and/or shipowners.

RUBERY OWEN & CO., LTD. v. REA, LTD.

[1963] 1 Lloyd's Rep 279

Bailment-Bailees for reward-Duty of care- Loss of goods in care of master porters- Negligence of watchmen - Liability of master porters.

THE "ATHAMAS" (OWNERS) v. DIG VIJAY CEMENT COMPANY, LTD.

[1963] 1 Lloyd's Rep 287

Charter-party-Demurrage-"So near thereto as she may safely get"-Vessel prevented from proceeding up river to charter discharging port - Whether shipowners entitled to demurrage incurred at substituted port of discharge-Effect of length of delay and distance of substituted port from contract port of discharge.

THE "BRAMLEY MOORE"

[1963] 1 Lloyd's Rep 304

Limitation of liability - Tug and tow in different ownership-Collision damage- Whether tug-owners entitled to limit their liability on tonnage of tug alone or on combined tonnage of tug and tow.

DONOVAN v. PACIFIC STEAM NAVIGATION COMPANY

[1963] 1 Lloyd's Rep 311

Negligence - Reasonable care - Occupational hazard-Stowage of copper bars-Injury to stevedore unloading bars from hold of vessel - Alleged bad stowage - Liability of shipowners.

BROWN v. ROBERTS AND NICHOLLS

[1963] 1 Lloyd's Rep 314

Road Traffic Act, 1930-Use of vehicle on a road without third-party insurance-Injury to pedestrian caused by negligence of passenger - Whether passenger using vehicle-Liability of driver in negligence and/or for loss resulting from breach of R.T.A., 1930.

CLARKE v. NATIONAL, INSURANCE AND GUARANTEE CORPORATION, LTD.

[1963] 1 Lloyd's Rep 322

Motor insurance-"Unsafe or unroadworthy condition" - Overloading - Four-seater car carrying 9 persons, involved in accident-Denial of liability by insurers- Whether car being driven in an unsafe or unroadworthy condition.

UNITED MARKETING COMPANY v. HASHAM KARA

[1963] 1 Lloyd's Rep 331

Principal and agent - Insurance not renewed by agent-Loss to principal by peril to be insured against-Liability of agent-Duty on agent to renew insurance without instructions from principal. Practice-Leave to adduce further evidence. -Fresh point taken on appeal.

DENNY, MOTT & DICKSON, LTD., AND OTHERS v. LYNN SHIPPING COMPANY, LTD.

[1963] 1 Lloyd's Rep 339

Carriage by sea - Limitation of action - On-deck and under-deck cargo totally lost -Bills of lading incorporating Hague Rules and charter-party provision requiring arbitrator to be appointed "within twelve months of the date of final discharge"-Cargo-owners' claims against shipowners submitted to arbitration nearly two years after loss - Whether claims time-barred-Art. III, r. 6.

T. C. ROLLAND (A FIRM) v. DASHWOOD & PARTNERS (MARINE), LTD.

[1963] 1 Lloyd's Rep 348

Contract - Fees for consulting engineer's services-Parties not "ad idem"-Reasonable remuneration.

PENARTH DOCK ENGINEERING COMPANY, LTD. v. POUNDS

[1963] 1 Lloyd's Rep 359

Contract-Sale of pontoon in dock premises- ". . . no time limit [for removal] to be imposed" - Duty on buyer to remove pontoon-Measure of damages.

MONTICELLI v. SCRUTTONS, LTD.

[1963] 1 Lloyd's Rep 362

Master and servant - System of working - Fellow-employee-Dock worker struck by descending load-Duty on topman to warn dock worker-Contributory negligence.

HENRY v. MERSEY PORTS STEVEDORING COMPANY, LTD., AND JOHS. PRESTHUS REDERI SHIPPING COMPANY

[1963] 1 Lloyd's Rep 365

Docks Regulations, 1934-Hatch unguarded- Lighting - Injury to dock worker falling into hold through open hatch - Liability of employers and/or shipowners-Duties- Regulations 12, 37, 50.

DORLING v. HONNOR MARINE, LTD., AND HONNOR HONNOR v. DORLING (trading as COLLINS MARINE EQUIPMENT)

[1963] 1 Lloyd's Rep 377

Contract - Payment for work done and materials supplied. Copyright-Infringement-Plans of boat-Sale of boats and parts of boats-Copyright Act, 1956, Sect. 10. Licence-Revocation without notice-Effect.

CLAYTON v. PACIFIC STEAM NAVIGATION COMPANY

[1963] 1 Lloyd's Rep 395

Master and servant - System of working - Injury to ship's engineer touching piston to test lubrication-Lack of instruction- Liability of shipowners - Contributory negligence.

MILLER STEAMSHIP COMPANY, PTY., LTD. v. OVERSEAS TANKSHIP (U.K.), LTD. R. W. MILLER & CO., PTY., LTD. v. SAME* (THE "WAGON MOUND" (No. 2))

[1963] 1 Lloyd's Rep 402

Negligence-Foreseeability of damage-Spillage of furnace oil from vessel in harbour- Fire-Damage to ships-Liability of demise charterer of vessel. Rylands v. Fletcher-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships-Liability of demise charterer of vessel. Nuisance-Spillage of furnace oil from vessel in harbour-Fire-Damage to ships- Whether public nuisance causing particular and direct injury to owners of ships- Liability of demise charterer of vessel.

W. N. LINDSAY & CO., LTD. v. EUROPEAN GRAIN & SHIPPING AGENCY, LTD.

[1963] 1 Lloyd's Rep 437

London Cattle Food Trade Association (Inc.) Contract-Sampling and analysis-Admissibility of evidence in arbitration-Contract Form No. 6, Clauses 9, 10, 11, and Castor Clause. Sale of goods-Quality-Analysis of samples -Mowrah seed discovered in cattle food by microscopic analysis - Whether evidence of analysis admissible in arbitration-London Cattle Food Trade Association (Inc.) Contract Form No. 6.

THE "C.216"

[1963] 1 Lloyd's Rep 447

Collision - Harbour - Tug and tow - Vessel manoeuvring from berth-Duty on tug and tow to hold back-Seamanship-Look-out. Tog and tow-Negligent navigation causing collision.

BLACKWOOD HODGE (INDIA) PRIVATE, LTD. v. ELLERMAN LINES, LTD., AND ELLERMAN & BUCKNALL STEAMSHIP COMPANY, LTD.

[1963] 1 Lloyd's Rep 454

Carriage by sea - Damage to cargo - Bad stowage - Perils of the sea - Liability of shipowners.

HARTLEY v. BEN LINE STEAMERS, LTD.

[1963] 1 Lloyd's Rep 468

Master and servant-Unnecessary risk-Injury to stevedore receiving tar boiler in hold of vessel-Liability of employers.

DONOVAN v. S.L.A. (STEVEDORES), LTD.

[1963] 1 Lloyd's Rep 470

Negligence - Duty of care - Injury to tally clerk avoiding set of cargo - Liability of stevedores' employers.

DEVLIN v. POWER STEAMSHIP COMPANY, LTD.

[1963] 1 Lloyd's Rep 474

Master and servant-Safe premises-Alleged slippery floor in meat handling room on board ship - Injury to ship's cook - Whether floor defective-Liability of shipowners-Delay in bringing action.

JACKSON v. HOLLAND-AMERICA LINE, LTD.

[1963] 1 Lloyd's Rep 477

Damages - Assessment - Personal injuries - Exacerbation of existing disability.

BAILEY (MALTA), LTD. v. BAILEY AND OTHERS

[1963] 1 Lloyd's Rep 479

Company-Books-Council of Administration appointed by Government of Malta to run company - Right of directors to retain books - Malta Dockyard (Temporary Provision) Act, 1963.

HEDLEY BYRNE & CO., LTD. v. HELLER & PARTNERS, LTD.

[1963] 1 Lloyd's Rep 485

Negligence-References as to credit-worthiness - Duty of care - Innocent but negligent misrepresentation by bank - Liability of bank for consequential loss by company- Whether special relationship existed between bank and company.

GHANA AGRICULTURAL DEVELOPMENT CORPORATION v. THE "HEINZ HORN" (OWNER)

[1963] 1 Lloyd's Rep 522

Admiralty practice - Action "in rem" - Guarantee to secure release of vessel from arrest-Alleged dissolution of plaintiffs- Motion to strike out claim and obtain cancellation of guarantee. Practice-Motion that claim be struck out on ground that plaintiffs no longer existed.

THE "HENNING M'RSK"

[1963] 1 Lloyd's Rep 526

Collision - Fog - River - Radar - Starboardside rule - Excessive speed - Collision Regulations, 1954, Rule 25 (a) - Mersey Channel Collision Rules, Rule 14.

SUMNER v. WILLIAM HENDERSON & SONS, LTD.

[1963] 1 Lloyd's Rep 537

Master and servant-Contractors-Death of employee-Liability of employer for death of employee if caused by contractors' negligence. Practice - Preliminary point of law - Hypothetical decision.

LUDLOW v. SCRUTTONS, LTD.

[1963] 1 Lloyd's Rep 541

Master and servant-Fellow-employee-Use of union purchase to remove hatch covers -Dock worker struck by hatch cover- Liability of employers.

ORSBORNE v. GRIMSBY EXCHANGE, LTD.

[1963] 1 Lloyd's Rep 549

Master and servant - Unnecessary risk - Safe plant - Injury to motor-truck driver on starting engine of truck-Whether wrist fractured in that accident-Agreed medical reports-Liability of employers-Contributory negligence.

THE "REINA"

[1963] 1 Lloyd's Rep 561

Admiralty practice-Ship's mortgage-Motion for judgment in default of appearance- Interest.

W. E. MARSHALL & CO. v. LEWIS & PEAT (RUBBER), LTD.

[1963] 1 Lloyd's Rep 562

London Rubber Trade Association Contract Form No. 3-Quality-Rejection-Whether goods discharged into warehouse or delivered to factory - Allegation that buyers withdrew goods from factory contrary to contract terms and thereby lost right to claim arbitration although goods were not within contract-Meaning of "delivered" - C.i.f. Contract, Quality Clause (b) and (c).

ALEXANDRIA COTTON & TRADING COMPANY (SUDAN), LTD. v. COTTON COMPANY OF ETHIOPIA, LTD.

[1963] 1 Lloyd's Rep 576

Sale of goods (c.i.f.) - Breach by buyers - Invoicing back date - Effect of buyers' deposits on "quantum" of sellers' compensation-Rules of Liverpool Cotton Association, Ltd.

BAILEY (MALTA), LTD. v. BAILEY AND OTHERS

[1963] 1 Lloyd's Rep 595

Company-Books-Council of Administration appointed by Government of Malta to run company - Right of directors to retain books - Malta Dockyard (Temporary Provision) Act. 1963. Practice-Interlocutory proceedings-Whether Court precluded from granting whole relief claimed in action.

MARITIME STORES, LTD. v. H. P. MARSHALL & CO., LTD.

[1963] 1 Lloyd's Rep 602

Contract-Ships' agents-Personal liability for goods ordered for charterers. Agency-Personal liability of agents for goods ordered for foreign principals.

DAHILL v. SUGAR LINE, LTD.

[1963] 1 Lloyd's Rep 611

Master and servant - System of working - Injury to seaman swinging from moving ship to shore-Liability of shipowners.

ATTORNEY-GENERAL v. BAILEY (MALTA), LTD.

[1963] 1 Lloyd's Rep 617

Practice-Writ-Service out of the jurisdiction -Foreign corporation with divided chain of management - Whether writ properly served on proper person. Practice-Writ-Service within jurisdiction on officer of foreign corporation - Whether institution of proceedings by that corporation in England sufficient to enable corporation to be sued in England.

CHISHOLM v. BRITISH EUROPEAN AIRWAYS

[1963] 1 Lloyd's Rep 626

Carriage by air - Passenger - Injury during turbulence-Alleged lack of supervision- Liability of aircraft owners-Carriage by Air Act, 1932, Schedule, Arts. 17, 20 (1).

Lloyd's Law Reports