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GEORGE KALLIS (MANUFACTURERS) LTD. v. SUCCESS INSURANCE LTD.

Insurance (Marine) - Fire - Fraudulent bills of lading issued - Goods shipped on different date on different vessel - Vessel caught fire - Goods suffered water damage - Whether cargo-owners could claim under policy.

[1985] 2 Lloyd's Rep. 8

METRO MEAT LTD. v. FARES RURAL CO. PTY. LTD. AND ANOTHER

Sale of goods (f.a.s.) - Anticipatory breach - Shipment by instalments - Matching contract - Parties co-operated in shipment of first three instalments - Sellers refused to co-operate in shipment of last two instalments - Whether sellers in anticipatory breach of contract - Whether sellers repudiated contract.

[1985] 2 Lloyd's Rep. 13

ARMADORA COMPANIA FRIGO LINEA S.A. AND ARMADORA COMPANIA NAVI FRUITA S.A. v. BENABO SHIPPING CORPORATION, BLACKWATER SHIPPING CORPORATION AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (THE "ARIETTA" AND "JULIA")

Sale of ship - Mareva injunction - Mortgagees power of sale - Sellers gave notice of repayment requiring payment of outstanding sum with interest - Whether buyers entitled to obtain Mareva injunction restraining mortgagees from exercising their power of sale.

[1985] 2 Lloyd's Rep. 50

RHEINOEL G.m.b.H. v. HURON LIBERIAN CO. (THE "CONCORDIA C")

Charter-party (Voyage) - Damages - Owners treated charterers' conduct as repudiation - Alternative charter entered into - Whether owners entitled to claim damages for freight differential and detention - Whether earnings under alternative charter to be taken into account - Correct measure of damages.

[1985] 2 Lloyd's Rep. 55

VANDEN AVENNE-IZEGEM P.V.B.A. v. FINAGRAIN S.A.

Sale of goods (c.i.f.) - Non-shipment - Prohibition of export - Arbitrators held that no string had been established from shipper to buyer - Arbitrators unable to identify shippers - Whether sellers liable to buyers in damages.

[1985] 2 Lloyd's Rep. 99

SPILIADA MARITIME CORPORATION v. CANSULEX LTD. (THE "SPILIADA")

Practice - Application to set aside - Forum non conveniens - Plaintiffs brought action in England alleging damage to vessel caused by wet sulphur cargo - Whether action should have been brought in British Columbia - Whether British Columbian time bar should be taken into account - Whether application to set aside should be granted.

[1985] 2 Lloyd's Rep. 116

SOUTH CAROLINA INSURANCE CO. v. ASSURANTIE MAATSCHAPPIJ "DE ZEVEN PROVINCIEN" N.V. SAME v. AL AHLIA INSURANCE CO., ARABIAN SEAS INSURANCE CO. LTD. AND CAMBRIDGE REINSURANCE CO. LTD.

Practice - Reinsurance - Documents - Action brought in American and English Courts - Defendants denied inspection of documents - Whether American pre-trial discovery procedure could be used to obtain inspection of documents for purposes of English action - Whether defendants acting in an unjust or unconscionable manner.

[1985] 2 Lloyd's Rep. 147

OCEAN GLORY COMPANIA NAVIERA S.A. v. A/S P.V. CHRISTENSEN (THE "IOANNA")

Charter-party (Time) - Hire - Vessel delivered with bottom fouled - Vessel incapable of maintaining warranted speed - Vessel took longer to complete voyage and consumed extra marine diesel oil - Vessel consumed less fuel oil - Whether charterers could claim for hire wasted and extra diesel oil without giving credit for fuel oil saved.

[1985] 2 Lloyd's Rep. 164

THE PRESIDENT OF INDIA v. LIPS MARITIME CORPORATION (THE "LIPS")

Arbitration - Award - Demurrage - Late payment of demurrage - Umpire held charterers liable in damages for difference between exchange rate at bill of lading date and exchange rate at date of award - Whether owners entitled to damages for late payment of demurrage.

[1985] 2 Lloyd's Rep. 180

BANKERS & TRADERS INSURANCE CO. LTD. v. NATIONAL INSURANCE CO. LTD.

Insurance (Motor) - Double insurance - Third party risks - Personal injuries - Third party obtained judgment against driver - Whether driver's insurers liable to satisfy judgment - Whether car-owner's insurers liable to contribute to judgment.

[1985] 2 Lloyd's Rep. 195

S.C.F. FINANCE CO. LTD. v. KHALIL SAID MASRI AND INA'AM EL MASRI

Practice - Mareva injunction - Variation - Third party rights - Second defendant claimed that assets belonged to her - Whether sufficient if third party claimed assets - Whether application to discharge injunction so far as the second defendant's accounts were concerned should be granted.

[1985] 2 Lloyd's Rep. 206

MEBRO OIL S.A. v. GATOIL INTERNATIONAL INC.

Practice - Arbitration - Award - Leave to appeal - Limitation of time - Respondents failed to apply for leave to appeal within time prescribed by Rules of Supreme Court - Whether time limit applicable to applications for leave to appeal as well as appeal - Whether originating motion should be struck out for want of prosecution - R.S.C., O. 73.

[1985] 2 Lloyd's Rep. 234

MSC MEDITERRANEAN SHIPPING CO. S.A. v. B.R.E.-METRO LTD.

Carriage by sea - Anticipatory repudiation - Plaintiffs agreed to transport defendants' rail wagons - Defendants announced movement withdrawn - Whether repudiation anticipatory - Whether plaintiffs accepted repudiation - Whether plaintiffs' claim compromised by later agreement - Whether plaintiffs abandoned claim.

[1985] 2 Lloyd's Rep. 239

PAGNAN S.p.A. v. GRANARIA B.V. AND OTHERS

Contract - Validity - Sale of goods - Plaintiffs and defendants seeking to match a "swap" deal in tapioca - Negotiations conducted between the parties - Whether valid and subsisting contract resulted.

[1985] 2 Lloyd's Rep. 256

PACIFIC NAVIGATORS CORPORATION, EL CHALLENGER S.A. AND LIBERIAN TRANSPORT NAVIGATION CORPORATION S.A. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES (THE "EL CHAMPION", "EL CHALLENGER", AND "EL GENERAL")

Insurance (Marine) - War risks - Additional premium liability - Time charter voyage to Persian Gulf excluding Iraq and Iranian ports other than Bandar Abbas - Vessel ordered to Bandar Abbas - Whether charterers liable for extra premium because vessel entered an additional premium area.

[1985] 2 Lloyd's Rep. 275

ALUMINIUM WIRE AND CABLE CO. LTD. v. ALLSTATE INSURANCE CO. LTD.

Insurance (Public Liability) - Condition - Breach - Plaintiffs' premises damaged by fire - Fire caused by negligent sub-contractors - Whether plaintiffs could claim under sub-contractors' insurance policy - Whether insurers could rely on special condition - Third Parties (Rights against Insurers) Act, 1930.

[1985] 2 Lloyd's Rep. 280

MICHAEL I. WARDE v. FEEDEX INTERNATIONAL INC.

Sale of goods (c. & f.) - Condition - Failure to nominate bank - Whether a condition or warranty - Whether requirement of writing also a condition - Whether buyer in breach of contract.

[1985] 2 Lloyd's Rep. 289

PRACTICE DIRECTION

Application for leave to appeal against arbitration awards

[1985] 2 Lloyd's Rep. 300

ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. v. TOSSA MARINE CO. LTD. TOSSA MARINE CO. LTD. v. ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. (THE "DERBY")

Charter-party (Time) - Liability - Damages - Vessel's crew and officers Filipinos - Vessel not in possession of I.T.F. Blue Card - I.T.F. stopped discharge of vessel - Whether vessel "fitted for service" - Whether owners in breach of charter - Whether charterers' losses of sub-charter to be taken into account on assessment of damages.

[1985] 2 Lloyd's Rep. 325

THE "ACHILLEUS"

Collision - Crossing vessels - Collision in approaches to Kieler Forde - Whether vessels complied with collision regulations - Liability for collision - Apportionment of blame.

[1985] 2 Lloyd's Rep. 338

THE "STEPHAN J"

Admiralty practice - Arrest of vessel - Containers washed overboard - Plaintiffs arrested alleged sistership - Whether plaintiffs entitled to arrest vessel in connection with which cause of action arose.

[1985] 2 Lloyd's Rep. 344

THE "GREGOS"

Shiprepairers - Contract - Lien - Validity - No specification of repairs provided - Whether price agreed for work carried out by initial contract - Whether price agreed for repairs of generators - Plaintiffs claimed balance of moneys due - Plaintiffs exercised lien on vessel - Whether defendants could counterclaim for breach of contract and wrongful detention of vessel.

[1985] 2 Lloyd's Rep. 347

GRAHAM H. DAVIES (U.K.) LTD. v. MARC RICH & CO. LTD.

Arbitration - Limitation of time - Sale of goods - Standard conditions of sale applied - Defendants entitled to rely on limitation of time clause - Whether application for extension of time in which to appoint arbitrator should be granted - Arbitration Act, 1950, s. 27.

[1985] 2 Lloyd's Rep. 423

CANTIERI NAVALI RIUNITI S.p.A. v. N.V. OMNE JUSTITIA AND OTHERS (THE "STOLT MARMARO")

Practice - Jurisdiction - Marine insurance - Vessel insured inter alia with Italian underwriters - Plaintiffs alleged damage caused by insured perils - Whether insurance contracts governed by English law - Whether contracts made within jurisdiction - Whether leave to serve proceedings on defendants outside jurisdiction should be granted.

[1985] 2 Lloyd's Rep. 428

MARK ROWLANDS LTD. v. BERNI INNS LTD. AND OTHERS

Insurance (Fire) - Subrogation - Landlord and tenant - Premises destroyed by fire caused by tenant's negligence - Landlord claimed under insurance - Whether landlord's insurers could recover damages by subrogation from tenant.

[1985] 2 Lloyd's Rep. 437

SETTEBELLO LTD. v. BANCO TOTTA & ACORES

Practice - Banking - Letters of request - Shipbuilding contract - Portuguese bankers - guaranteed repayment of instalments - Decree-law suspended right of cancellation - Bank denied liability for repayment - Allegation that Portuguese state had abused its legislative powers - Whether application for letters of request should be granted.

[1985] 2 Lloyd's Rep. 448

COOK INDUSTRIES INC. v. TRADAX EXPORT S.A.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - July and September instalments of soya bean meal - Sellers failed to deliver balance - Whether sellers could rely on prohibition clause - Whether all shippers prevented from performing their contracts.

[1985] 2 Lloyd's Rep. 454

THE "LASH ATLANTICO"

Admiralty practice - Collision - Assessment of damages - Currency of claim - Costs - Whether plaintiffs entitled to recover damages in U.S. dollars - Whether order as to costs should be varied - Whether plaintiffs lost opportunity of carrying a cargo during period vessel under repairs.

[1985] 2 Lloyd's Rep. 464

OVE SKOU v. RUDOLF A. OETKER (THE "ARCTIC SKOU")

Charter-party (Time) - Hire - Redelivery - Vessel delivered at port in Brazil and redelivered at Bilbao - Local time in Brazil five hours behind local time at Bilbao - Charterers paid hire less five hours - Whether owners entitled to the five hours hire.

[1985] 2 Lloyd's Rep. 478

ARCTIC ELECTRONICS CO. (U.K.) LTD. v. McGREGOR SEA & AIR SERVICES LTD.

Carriage by road - C.M.R. - Jurisdiction - Successive carriers - Indemnity - Damage to goods - Whether third party could claim contribution or indemnity from fourth party - Whether fourth party a successive carrier - Whether leave to serve out of jurisdiction justifiable - C.M.R. arts. 34, 39; R.S.C., O. 11.

[1985] 2 Lloyd's Rep. 510

GEORGE MOUNDREAS & CO. S.A. v. NAVIMPEX CENTRALA NAVALA

Shipbuilding contract - Shipbroker - Commission agreements - Contracts cancelled before delivery of vessels - Whether shipbrokers entitled to claim commission - Whether defendants in breach of agreements.

[1985] 2 Lloyd's Rep. 515

THE "MYRTO" (NO. 3)

Admiralty practice - Writ - Validity - Action by plaintiffs claiming reimbursement of costs of discharging cargo - Application to extend validity of writ - Whether application should be granted - R.S.C., O. 6, r. 8.

[1985] 2 Lloyd's Rep. 567

THE "STATE OF HIMACHAL PRADESH"

Collision - Crossing vessels - Collision off Bombay - Navigation of both vessels - Whether failure to keep proper lookout - Whether negligent in altering course - Liability for collision - Apportionment.

[1985] 2 Lloyd's Rep. 573

FOOD CORPORATION OF INDIA v. MARASTRO CIA NAVIERA S.A. (THE "TRADE FORTITUDE")

Arbitration - Interest - Demurrage - Charterers made second payment in respect of demurrage - Whether owners entitled to interest on second payment from date when it should have been paid - Whether arbitrators' power to award interest retrospective - Arbitration Act, 1950, s. 19A - Administration of Justice Act 1982.

[1985] 2 Lloyd's Rep. 579

PHOENIX GENERAL INSURANCE CO. OF GREECE S.A. v. HALVANON INSURANCE CO. LTD.

Reinsurance - Illegality - Aviation contingency business - Whether plaintiffs authorized to underwrite contingency business - Whether plaintiffs under obligation to keep a retention - Implication of terms as to conduct of business - Duration of the risks which could be ceded - Obligation of plaintiffs to credit defendants with premium - Insurance Companies Act, 1974, ss. 1, 2, 11, 83 (4) - Insurance Companies (Classes of General Business) Regulations 1977, Schedule 1.

[1985] 2 Lloyd's Rep. 599

CEDAR TRADING CO. LTD. v. TRANSWORLD OIL LTD. (THE "GUDERMES")

Sale of goods (f.o.b.) - Letter of credit - Variations in letter of credit - Whether terms of contract also altered - Whether term could be implied as to quality of cargo - Whether settlement reached between plaintiffs and defendants.

[1985] 2 Lloyd's Rep. 623