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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Commercial - From: 1930 To: 1959

This page lists 5 cases, and was prepared on 20 May 2019.

 
Bournemouth-Swanage Motor Road and Ferry Co v Harvey and Sons [1930] AC 549; 99 LJ Ch 337; 143 LT 313; 46 TLR 439; 28 LGR 351
1930
HL
Lord Macmillan
Litigation Practice, Transport, Commercial
The company had, under a private Act of Parliament, constructed a jetty and a roadway. They objected to the provision of similar services by the respondents Held: Their appeal failed. An injunction against competition was refused. The Act did not confer on the ferry company an exclusive right of ferry. The respondents had in fact for many years previously carried passengers over a relate route.
After quoting the relevant section Lord Macmillan, with whom the other members of the House concurred, said: "Now this section does not purport to grant a franchise of ferry. It merely empowers the company to establish a ferry service. It imposes no obligation on the company whatever; it does not require the company to provide any service. The terms of the section are permissive not obligatory, enabling not mandatory. If the company chose not to provide a ferry service no member of the public could compel it to do so. In short the position of the company is comparable to that of a railway company which has obtained power to construct and work a new line but is under no obligation to the public either to construct it or to work it when constructed"
1 Cites



 
 Re Schebsman; CA 1944 - [1944] Ch 83
 
Hugh Mack and Co Ltd v Burns and Laird Lines Ltd (1944) Ll L Rep 377
1944

Andrews LCJ
Commercial, Contract, Transport
The shipment was of men’s clothing carried pursuant to a consignment note and receipt stamped "Non-negotiable". The consignment note named consignees in Scotland and stated: "Please receive for forwarding per Burns and Laird Lines’ steamers the undernoted goods . ." These documents were retained by the shipper. The goods were damaged and the shipper claimed against the carrier, which relied on terms incorporated into its receipt. The shipper said that the Hague Rules applied by virtue of the 1924 Act. Held: The claim failed on two grounds. The consignment note and receipt was not a bill of lading or any similar document of title; and in any event the parties had freedom of contract under article VI as amended in the case of coastal trade within the British Isles and Ireland by section 4 of the 1924 Act. The receipt, even if properly described as a "document of title," was not "similar to" a bill of lading. It had none of its characteristics, being different in form; given at a different time; bearing no stamp; does not acknowledge the goods to be on board any particular ship; it was retained by the consignor, not sent to the consignee; and above all, it was not a negotiable instrument, the indorsement and delivery of which could affect the property in the goods shipped.
1 Citers



 
 Gregory v Fearn; CA 1953 - [1953] 2 All ER 559; [1953] 1 WLR 974

 
 France v ECSC High Authority; ECJ 21-Dec-1954 - C-1/54
 
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