The Law Reports (Queen's Bench Division)
[1957] 2 QB 233
[QUEEN'S BENCH DIVISION AND COURT OF APPEAL]
ANGLO-SAXON PETROLEUM CO. LTD.
v.
ADAMASTOS SHIPPING CO. LTD.
1957 Jan. 16,
17,
18;
Feb. 1.
Apr. 8, 9, 10, 11, 16.
Feb. 1.
Apr. 8, 9, 10, 11, 16.
Devlin J. Denning, Parker and Sellers L.JJ.
Shipping
— Charterparty
— Clause paramount
— “This bill of lading” subject to Act
— Whether clause meaningless
— Hague Rules
— “Loss or damage arising … from unseaworthiness”
— Meaning of “loss or damage”
— Whether applicable to non-cargo-carrying voyages
— Whether applicable only to physical loss or damage
—
Carriage of Goods by Sea Act of United States, 1936, ss. 2, 3 (1), 4 (1) (2), 5 and 13
—
Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), Schedule, Arts. II, III, rr. 1, 8; IV, rr. 1, 2; V.
Contract
— Construction
— Repugnancy.
Shipping
— Charterparty
— Consecutive voyage charter
— Extent and nature of owners' obligations to provide and maintain seaworthy vessel during “the voyage”
— Continuing warranty of seaworthiness, perils of sea excepted
— “Proceed with all convenient despatch”
— Vessel rendered unseaworthy by incompetence at staff
— Owners vicariously liable for negligence of servants despite owners' exercise of due diligence in selection and appointment of staff
— Delays
— Whether claim for loss of services of vessel sustainable
— Basis for assessment of damages.
Arbitration
— Case stated
— Form
— Undesirability of construing with too rigid an eye.