Court : House of Lords
..... olympic decided, in reference to the words "wreck or loss" which occur in section 158 of the merchant shipping act, 1894, that the word "wreck" meant something different from and less than "loss," and that in that section the wreck of the ship meant anything happening to the ship which rendered her incapable of carrying out the maritime adventure in respect of which the ..... to give effect to certain draft conventions of the international labour conference, provided, section 1 (1), that, "where by reason of the wreck or loss of a ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, notwithstanding anything in section one hundred and fifty-eight of the merchant shipping act, 1894, but subject to the provisions of this section, be entitled, in respect of each day on which he is in fact unemployed during a period ..... and lord stowell's judgment upon them, in order that, within the four corners of this judgment, it may be made apparent that, in attributing to lord stowell a decision that the agreements of the "elizabeth's" seamen had terminated as a result of her semi-naufragium, the lord justice paid no heed to any of the following reasons to the contrary:(1) that, as already stated, it was never suggested, even by the owners, ..... obey the voice of parliament, and i fully recognise that, as lord esher once said, "the legislature has power to make you read english in a way in which you would not read it except by command"stevens .....
Tag this Judgment!Court : House of Lords
..... dundee in his firm's name; he did not adopt the provisions of the merchant shipping act enabling the goods to be warehoused under a stop for freight. ..... in these circumstances it appears to me that the property in the goods remained with kolbins, and that the ship had possession of the goods for the kolbins, but was authorised to deliver possession to the war office if the war office claimed possession under the bill of lading. ..... regulation 2 e does not appear to apply, as there appears to be no order regulating the delivery of flax, and, if there were, the ultimate power of the army council is only to require the person in possession to sell and deliver it to them or their nominee. ..... the answer is that we know that in fact the goods were requisitioned from renny, and that the war office had no powers short of requisition which would have justified kinnears in delivering as they did. ..... we were invited to hold that, but for the lapse of time, some link could have been supplied which would have established that kinnears, in delivering to renny, did so in pursuance of powers, exercised or threatened, of the flax office. ..... the relevant powers of the war office over war material were derived from two regulations, 2 b and 2 e. ..... there is no power authorising the army council to require a person in the possession of war material to deliver it to a third person so that they may take possession of it from the third person and agree a price with him. .....
Tag this Judgment!Court : House of Lords
..... it is provided by section 1 of the merchant shipping act, 1894, that a ship shall not be deemed to be a british ship unless owned wholly by persons of the description therein specified, a ..... under the merchant shipping act the interest which mr demetriades had in her was such that the spathari was not qualified to be placed on the british register, and, when the facts became known, she was ..... completely affirmed, in any event this stands without contradictionthat the interest of demetriades, not a british subject, was a beneficial interest under contract; and, accordingly, under the 9th section of the act of 1894, in any event, whether borthwick was entered as owner or not, the interest of demetriades should have been made the subject of declaration accompanying the registration, and this was not done. ..... section 9 of the same act it is provided that a person shall not be entitled to be registered as owner of a ship or of a share therein until he has made and signed a declaration of ownership, which is to contain a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship ..... by section 18 of the same act it is provided that subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured, and further, that every circumstance is material which would influence .....
Tag this Judgment!Court : House of Lords
..... secretary of state for transport, ex p factortame ltd [1990] 2 ac 85, part ii of the merchant shipping act 1988 was to be disapplied in those cases where its operation would infringe directly effective european community rights ..... case, would be that, even assuming that, for the reasons given in mckerr, mrs hurst had no article 2 convention right to require an investigation into her son's death, nevertheless the broader construction of section 11(5)(b)(ii) of the 1988 act established by r (middleton) v west somerset coroner [2004] 2 ac 182 should be applied whenever the provision was in play - whether or not the person seeking the resumption of the inquest had an article 2 ..... ] ewca civ 1440; [2006] 1 wlr 461; there, in setting aside a coroner's refusal to summon a jury under section 8(3)(b) of the 1988 act, sir anthony clarke mr said at paragraph 41: "although the possible verdicts at an inquest under the 1988 act are circumscribed and, in particular must not ascribe criminal or civil liability, that does not mean that the facts should not be ..... , including the courts, to act compatibly with the convention rights (section 6(1)), the right of individual victims to assert or rely upon an actual or threatened breach of that duty in any domestic legal proceedings (section 7(1)), the duty of the courts to interpret and apply legislation compatibly with the convention rights (section 3(1)) and the power of the higher courts to declare primary legislation incompatible (section 4(1)). .....
Tag this Judgment!Court : House of Lords
..... in the fifth edition of abbott's treatise of the law relative to merchant ships and seamen (1827), the last for which he was responsible, lord tenterden said, at p 383, "the bill of lading in all its usual forms contains the word 'assigns'.... ..... checking of the contents of the bill of lading by the shipowner or broker against tallying details taken at the time of loading the cargo; (d) the freight calculation; (e) the signature of the bill of lading by or on behalf of the carrier or the ship's master and by such other parties as may by law be required to do so in different countries; (f) the release by the shipowner or his agent of the signed bill of lading to the shipper against payment of freight if the freight is prepaid; and, where ..... " this provision is supplemented by article vi, reproducing the text of article vi of the hague rules (although in 1924 the united kingdom, by section 4 of the 1924 act, qualified its acceptance of the article in relation to the goods referred to and in relation to the territorial application of the proviso): "notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in ..... but neither he nor the other members of that powerful court of appeal suggested that the document in question was anything other than a bill of lading. .....
Tag this Judgment!Court : House of Lords
..... the difference between the charter rate and the market rate: see for examples lord denning mr in alma shipping corpn of monrovia v mantovani (the dione) [1975] 1 lloyds rep 115, 117-118; lord denning mr in arta shipping co ltd v thai europe tapioca service ltd (the johnny) [1977] 2 lloyds rep 1, 2; bingham lj in hyundai merchant marine co ltd v gesuri chartering co ltd (the peonia) [1991] 1 lloyds rep 100, ..... that seems to me in accordance with the careful way in which robert goff j stated the principle in satef-huttenes albertus spa v paloma tercera shipping co sa (the pegase) [1981] lloyds rep 175, 183, where the emphasis is upon what a reasonable person would have considered to be the extent of his responsibility: the test appears to be: have ..... a few years later he made some famous observations in davies v taylor [1974] ac 207, 213 (a case concerned with quantification of damages under the fatal accidents acts): you can prove that a past event happened, but you cannot prove that a future event will happen and i do not think that the law is so foolish ..... in the present case, the arbitrators found that - as conceded by counsel then acting for the charterers - missing a date for a subsequent fixture was a not unlikely result of ..... contrary, the charterers wrongful act would have enabled the owners ..... liable for any type of loss and damage which is reasonably foreseeable as likely to result from the act or omission for which he is held liable. ..... specialist lawyers acting for well- .....
Tag this Judgment!Court : House of Lords
..... on the other hand the renton decision has been followed in australia: shipping corporation of india v gamlen chemical co a/asia pty ltd (1980) 147 clr 142 and hunter grain pty ltd v hyundai merchant marine co ltd (1993) 117 alr 507; compare, however, doubts expressed in nikolay malakhov shipping co ltd v seas sapfor ltd (1998) 44 ns wlr 371, per handley ja, at 380, sheller ja at 387-388, and cole ja, at 418. ..... 2, reads as follows: "neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from - (i) act or omission of the shipper or owner of the goods, his agent or representative; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier . . . ..... v m/v the arktis sky 978 f.2d 47 (2nd cir 1992) and the fifth circuit court of appeal in tubacex inc v m/v risan 45 f 3rd 951 (5th cir 1995) in which it was held that loading, stowing and discharging under section 3(2) of the united states carriage of goods by sea act are "non delegable" duties of the carrier. ..... with the aid of michael f sturley's the legislative history of the carriage of goods by sea act and the travaux pr paratoires of the hague rules (1990), vols 1 to 3, counsel for cargo owners took the house on an extended tour of the travaux. ..... since renton was decided shipowners, charterers, shippers and consignees have acted on the basis that it correctly stated the law. .....
Tag this Judgment!Court : House of Lords
..... it has done so in sections 2 and 3 of the merchant shipping (liabilities of shipowners and others) act, 1958: and sections 1, 5 and 10 and the first schedule article 25a of the carriage by air act, 1961, which is not yet in force nor likely to be for some time. ..... so far as it incorporated the provisions of the united states carriage of goods by sea act, 1936, the bill of lading did not limit the liability of stevedores but limited that of the ship and of the carrier and i would respectfully adopt the views expressed in the judgment of the supreme court of the united states in krawill machinery corporation v. ..... when the plaintiffs became holders of the bill of lading (which incorporated section 4 (5) of the united states carriage of goods by sea act, 1936), their rights were limited by the provision that the "carrier" would not (unless a certain condition was satisfied) be liable to a greater amount than $500 per package or customary freight unit ..... the united states lines (the owners of the ship and the carriers of the drum), had some years previously (in 1952) made a stevedoring contract with the stevedores: it was upon the terms of this contract that the stevedores were acting on the 3rd may, 1957, and at such other times as they were performing services for the ship-owners. ..... to be that where there is a contract which contains an exemption clause, the servants or agents who act under that contract have the benefit of the exemption clause, see mersey shipping and transport co.ltd. v. .....
Tag this Judgment!Court : House of Lords
..... of slavery, or the regulation of merchant shipping, parliament would enact legislation for her ..... altered by the conqueror; and the sixth and last that, if the king (and when i say the king, i always mean the king without the concurrence of parliament) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in parliament, he cannot make any new change contrary ..... is modernised in this way: the 6th and last proposition is that, if the king (and when i say the king, i always mean the king without the concurrence of parliament) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in parliament, he cannot make any new change contrary to ..... , 1 cowp 204, 209: the 6th and last proposition is, that if the king (and when i say the king, i always mean the king without the concurrence of parliament,) has a power to alter the old and to introduce new laws in a conquered country, this legislation being subordinate, that is, subordinate to his own authority in parliament, he cannot make any new change contrary to ..... in northern ireland, where section 4 of the government of ireland act 1920 conferred upon the parliament of northern ireland power to make laws for ..... classified as primary legislation for the purposes of the human rights act 1998: see paragraph (f)(i) of the definition in section .....
Tag this Judgment!Court : House of Lords
..... giving effect to the torture convention of 1984; the war crimes act 1991, giving jurisdiction to try war crimes committed abroad by foreign nationals; the merchant shipping and maritime security act 1997, s 26, giving effect to provisions of the united nations convention on the law of the sea 1982 relating to piracy; and sections 51 and 52 of the international criminal court act 2001, giving effect to the rome statute by providing for the ..... some provisions of the act have a wider reach (section 160 extends the powers of constables to united kingdom waters), section 68 is directed to ..... ex p central electricity generating board [1982] qb 458, where the police refused to intervene to prevent protesters from obstructing a survey of land with a view to building a nuclear power station, the court of appeal said that the board was legally entitled to use reasonable force to repel the protesters. ..... a state can commit aggression only with the active participation of the individuals who have the necessary authority or power to plan, prepare, initiate or wage aggression thus, the violation by a state of the rule of international law prohibiting aggression gives rise to the criminal responsibility of the individuals who ..... but there are well-established rules that the courts will be very slow to review the exercise of prerogative powers in relation to the conduct of foreign affairs and the deployment of the armed services, and very slow to adjudicate upon rights arising out of transactions .....
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