Keevil & Keevil v Boag
| Jurisdiction | England & Wales |
| Judgment Date | 25 June 1940 |
| Date | 25 June 1940 |
| Court | Court of Appeal |
Court of Appeal
Luxmoore and Goddard, L.JJ.
Keevil and Keevil Limited v. Boag
Rules of Supreme Court, Order XXXI, rule 12 A. (SI 1921/1058)
Insurance Marine policy Cargo insured for sea transit and from warehouse to warehouse
Order of Singleton, J. affirmed
ASPINALL'S MARITIME LAW CASES. 387 Ct. of App.] Keevil and Keevil Limited v. Boag. [Ct. of App. Supreme Court of judicatnre. COURT OF APPEAL. Tuesday, June 25, 1040. (Before Luxmoore and Goddard, L.JJ.) Keevil and Keevil Limited v. Boag. (a) APPEAL FROM THE KING'S BENCH DIVISION Insurance-Marina policy-Cargo insured for sea transit and from warehouse to warehouse- Cases of eggs on arrival found bad-On action on policy for damage underwriter refused order for ship's papers but given " liberty to apply for affidavit of ship's papers hereafter" -Discretion of judge rightly exercised-Rules of Supreme Court, Order XXXI, rule 12 A. The plaintiffs brought this action on a Lloyds policy of marine insurance by which 1600 cases of eggs delivered at Hull on the 23rd November, ] 939, were insured on sea transit as also from warehouse to warehouse. On arrival a 1000 cases of the eggs were found to have gone bad from some decay in the egg known as " spot " and the plaintiffs sought to recover the loss. On the summons for directions the defendant underwriter applied for an order for ship's papers which was refused by Singleton, J. in chambers, but the judge inserted a clause stating " liberty to apply for affidavit of ship's papers hereafter if so advised." The defendant appealed. By sub-clause (b) of rule 12 A of Order XXXI of the rules of the Supreme Court a discretion was given to the court as to whether the order for an affidavit of ship's papers should be made or not made and by sub-clause (c) " In making an order under this rule the court or judge may impose such terms and conditions as to staying proceedings or otherwise as the court or judge in its or his absolute discretion shall think fit." Held, that the judge had rightly exercised his discretion, and this was a case which showed how fortunate it was the rule had been altered by the new rule 12 A of Order XXXI made in 1936. There was no real ground for making the very stringent order for an affidavit of strip's papers in the present simple case in which the eggs either were bad when put into the warehouse or they went bad in the warehouse or during transit. It would be a great hardship if the plaintiffs who were not only the holders of the bills of...
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Probatina Shipping Company Ltd v Sun Insurance Office Ltd (Sageorge)
...giving him a complete discretion as to whether he should order a stay, or not. 8 Soon after that amendment, there was the case of Keevill & Keevill v. Boag (1940) 57 Lloyd's Reports 263. A consignment of eggs was damaged by excess of damp in the ship's hold. An order for ship's papers was r......
- Probatina Shipping Company Ltd v Sun Insurance Office Ltd (Sageorge)