The Annefield

Subject Matter

JUDICIAL PRECEDENT — Decision long undisturbed — Shipping — Clause in use in charterparty and bill of lading since 1914 — Construed by court in 1936 — Impropriety of upsetting construction forming basis of settled business practice

[1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1970] 2 Lloyd's Rep 252, PDA

[1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1971] 1 Lloyd's Rep 1, CA

SHIPPING — Charterparty — Cargo, stowage of — Incorporation in bill of lading contract “all the terms, conditions and exceptions … including the negligence clause” from charterparty — Whether general words apt to incorporate arbitration clause — Incorporating words in use in charterparty and bill of lading since 1914 construed in 1936 as excluding arbitration clause — Business practice based on 1936 construction — Impropriety of disturbing settled construction — Clauses not germane to bills of lading contracts to be incorporated only by express words

[1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1970] 2 Lloyd's Rep 252, PDA

[1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1971] 1 Lloyd's Rep 1, CA

Appellate History