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ARMAGAS LTD. v. MUNDOGAS S.A. (THE "OCEAN FROST")

[1985] 1 Lloyd's Rep. 1

Charter-party (Time) - Redelivery - Whether three year charter valid and authorized - Whether procured by bribery - Whether defendants entitled to redeliver vessel - Whether plaintiffs entitled to damages for premature redelivery.

THE "TRAUGUTT"

[1985] 1 Lloyd's Rep. 76

Admiralty practice - Stay of action - Jurisdiction clause - Cargo-owners' goods damaged by fire - Action commenced by other cargo-owners in Antwerp - Whether Belgian Court forum conveniens - Whether action should be stayed.

THE "LUCKY WAVE"

[1985] 1 Lloyd's Rep. 80

Bill of lading - Damage to cargo - Cargo delivered to warehouse in damaged condition - Whether damage caused by insufficiency of packing - Whether damage occurred when goods not in custody of shipowners.

LI PING SUM v. CHAN WAI TONG AND WONG SHOK TING

[1985] 1 Lloyd's Rep. 87

DAMON COMPANIA NAVIERA S.A. v. HAPAG-LLOYD INTERNATIONAL S.A. (THE "BLANKENSTEIN", "BARTENSTEIN" AND "BIRKENSTEIN")

[1985] 1 Lloyd's Rep. 93

Sale of ship - Non-performance - Buyers failed to pay deposit and sign agreement within time limit - Sellers sold ships elsewhere - Whether contract relied on by sellers not a concluded contract - Whether buyers bound by novation purportedly made on its behalf - Whether sellers could claim deposit.

ILYSSIA COMPANIA NAVIERA S.A. v. AHMED ABDUL-QAWI BAMAODAH (THE "ELLI 2") KITION COMPANIA NAVIERA S.A. v. AHMED ABDUL-QAWI BAMAODAH (THE "TOULLA") LEMYTHOU COMPANIA NAVIERA S.A. v. AHMED ABDUL-QAWI BAMAODAH (THE "ELENI 2")

[1985] 1 Lloyd's Rep. 107

Practice - Service out of jurisdiction - Claim for demurrage - Whether owners party to bill of lading contracts - Whether receivers liable for demurrage - Whether contract governed by English law - Whether leave to serve out of jurisdiction should be given.

COOK INDUSTRIES INC. v. B.V. HANDELMAATSCHAPPIJ JEAN DELVAUX

[1985] 1 Lloyd's Rep. 120

Sale of goods (c.i.f.) - Limitation of time - Buyers claimed arbitration - Sellers alleged claim time barred - Board of appeal exercised discretion in favour of buyers - Whether discretion properly exercised.

ATHENS SKY COMPANIA NAVIERA S.A. v. THE PORT SERVICES CORPORATION LTD. (THE "TRIBELS")

[1985] 1 Lloyd's Rep. 128

Admiralty practice - Salvage - Salvage services rendered to shipowners' vessel - Salvors demanded security in the sum of £3,323,000 - Value of salved property £16,150,000 - Whether demand excessive - Whether injunction restraining salvors from requiring provision of salvage security in excess of £1,000,000 should be granted.

THE "GULF VENTURE"

[1985] 1 Lloyd's Rep. 131

Admiralty practice - Appraisement and sale of vessel - Plaintiffs alleged cost of maintaining vessel under arrest exceeded £5000 per month - Whether vessel should be sold for benefit of creditors.

THE "ETERNAL PEACE"

[1985] 1 Lloyd's Rep. 136

Admiralty practice - Action in rem - Charterers claimed damages for breaches of charter - Vessel arrested - Released on bank's bail bond - Whether bank could be added as defendants.

THE SANKO STEAMSHIP CO. LTD. v. FEARNLEY AND EGER A/S (THE "MANHATTAN PRINCE")

[1985] 1 Lloyd's Rep. 140

Charter-party (Time) - Trade union dispute - Vessel boycotted - Proper construction of telex messages - Whether owners agreed unconditionally to bear costs of bunkers and off-hire.

SOCIETE ANONYME MAROCAINE DE L'INDUSTRIE DU RAFFINAGE v. NOTOS MARITIME CORPORATION (THE "NOTOS")

[1985] 1 Lloyd's Rep. 149

Charter-party (Voyage) - Demurrage - Vessel unable to discharge at sea-line because of swell and another vessel discharging at sea-line - Whether demurrage payable during those periods.

PRESIDENT OF INDIA v. TAYGETOS SHIPPING CO. S.A. (THE "AGENOR")

[1985] 1 Lloyd's Rep. 155

Arbitration - Award - Arbitrator awarded monetary award on unpaid demurrage in money of account - Whether award should have been in money of payment.

BREMER HANDELSGESELLSCHAFT M.B.H. v. ETS. SOULES ET CIE. AND ANTHONY G. SCOTT

[1985] 1 Lloyd's Rep. 160

Arbitration - Arbitrator - Removal - Misconduct - Arbitrator an employee of intermediate traders - Whether arbitrator would be incapable of acting impartially - Whether application for removal of arbitrator should be granted.

SHIPPING CO. UNIFORM INC. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION, ALLEN, ROSS AND DAVIES (THE "UNIFORM STAR")

[1985] 1 Lloyd's Rep. 173

Practice - Injunction - Trade union dispute - Crew not paid I.T.F. rates - Union threatened to black vessel - Whether conduct threatened unlawful - Whether owners entitled to an injunction - Trade Union and Labour Relations Act, 1974, s. 13 (1) - Employment Act, 1980, s. 17 - Trade Union Act, 1984.

GATOIL INTERNATIONAL INC. v. ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE CO. AND OTHERS (THE "SANDRINA")

[1985] 1 Lloyd's Rep. 181

Admiralty practice - Arrest of vessel - Marine insurance - Cargo of oil shipped from Iran to other destinations - Insurers claimed premiums - Vessel arrested - Whether insurers' claims arose out of agreement relating to carriage of goods in any ship - Administration of Justice Act, 1956 s. 47 (2) (e).

MUTUAL SHIPPING CORPORATION v. BAYSHORE SHIPPING CO. (THE "MONTAN")

[1985] 1 Lloyd's Rep. 189

Arbitration - Award - Remission - Whether errors in award - Whether award could be corrected under s. 17 - Whether award should be remitted - Arbitration Act, 1950, ss. 17, 22.

LEIGH AND SILLIVAN LTD. v. ALIAKMON SHIPPING CO. LTD. (THE "ALIAKMON")

[1985] 1 Lloyd's Rep. 199

Sale of goods (c. & f.) - Damage to goods - Title to sue - Whether term that ownership of goods to pass to buyer by endorsement and delivery of bill of lading varied - Whether buyers entitled to sue - Whether buyers mitigated their damage when disposing of steel.

THE "WORLD PROTECTOR"

[1985] 1 Lloyd's Rep. 227

Admiralty practice - Procedure - Order for discovery of documents - Defendants failed to comply with order - Whether application for extension of time for complying with order should be granted.

HEINRICH HANNO & CO. B.V. v. FAIRLIGHT SHIPPING CO. LTD. HANSE SCHIFFAHRTSKONTOR G.m.b.H. v. ANDRE S.A. (THE "KOSTAS K")

[1985] 1 Lloyd's Rep. 231

Charter-party (Voyage) - Discharging port - Breach - Whether charterers nominated discharging ports - Whether charterers ordered vessel to go to Warri - Whether estoppel point could be argued - Whether charterers estopped from denying they were in breach - Whether owners entitled to damages for time lost.

THE "MOZART"

[1985] 1 Lloyd's Rep. 239

Charter-party (Voyage) - Demurrage - Loss of time caused by breakdown of stacker-reclaimer - Charterers failed to give notice of stoppage - Whether charterers liable for demurrage.

NATIONAL MINERAL DEVELOPMENT CORPORATION LTD. v. OBESTAIN INC. BENGAL FERRO ALLOY & STEEL LTD. v. OBESTAIN INC. (THE "SANIX ACE")

[1985] 1 Lloyd's Rep. 246

Arbitration - Agreement - Whether there was a valid agreement to arbitrate claims - Whether time should be extended for appointment of arbitrator for counterclaims.

REINANTE TRANSOCEANIC NAVEGACION S.A. v. THE PRESIDENT OF INDIA (THE "APILIOTIS")

[1985] 1 Lloyd's Rep. 255

Arbitration - Award - Remission - Vessel ordered to proceed to Bhavnagar - Vessel lost starboard anchor - Arbitrator found port not unsafe - Whether arbitrator failed to make certain material findings to enable Court to determine whether port safe - Whether award should be remitted.

THAVORN AND ANOTHER v. BANK OF CREDIT & COMMERCE INTERNATIONAL S.A.

[1985] 1 Lloyd's Rep. 259

Banking - Mandatory authority - Account opened in nephew's name - Whether plaintiff gave specific instructions that she alone was to operate account - Bank allowed nephew to operate account - Whether bank in breach of contract - Whether plaintiff could sue in debt.

J. J. LLOYD INSTRUMENTS LTD. v. NORTHERN STAR INSURANCE CO. LTD. (THE "MISS JAY JAY")

[1985] 1 Lloyd's Rep. 264

Insurance (Marine) - Indemnity - Perils insured against - Damage suffered by yacht - Whether damage caused by external accidental means or latent defect in the hull - Whether damage caused by faulty design - Whether plaintiffs could claim under policy.

PIONEER CONCRETE (U.K.) LTD. v. NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD.

[1985] 1 Lloyd's Rep. 274

Insurance (Public Liability) - Third party rights - Damage caused to plaintiffs' hopper and associated machinery - Insured in liquidation - Whether plaintiffs' claim within policy - Whether insurers liable - Third Parties (Rights against Insurers) Act, 1930.

SAMICK LINES CO. LTD. v. OWNERS OF THE SHIP "ANTONIS P. LEMOS" (THE "ANTONIS P. LEMOS")

[1985] 1 Lloyd's Rep. 283

Admiralty practice - Action in rem - Warrant of arrest - Application to set aside warrant and writ - Whether action lay outside jurisdiction of High Court - Whether application should be granted.

THE "FORUM CRAFTSMAN"

[1985] 1 Lloyd's Rep. 291

Admiralty practice - Stay of action - Jurisdiction clause - Damage caused to vehicles on board vessel - Whether action should be brought in Tokyo - Whether English action should be stayed.

GLAFKI SHIPPING CO. S.A. v. PINIOS SHIPPING CO. NO. 1 (THE "MAIRA") (NO. 2)

[1985] 1 Lloyd's Rep. 300

Arbitration - Award - Remission - Errors of law - Obligation to insure mortgaged vessel - Arbitrators stated award in form of special case - Whether award should be remitted or set aside for errors of law - Valuation of mortgaged vessel - Whether vessel under-insured.

THE INSURANCE CO. OF AFRICA v. SCOR (U.K.) REINSURANCE CO. LTD.

[1985] 1 Lloyd's Rep. 312

Reinsurance - Fire insurance policy - Claims co-operation clause - Buildings destroyed by fire - Insurers failed to give co-operation - Whether refusal of co-operation constituted a breach of a condition precedent - Whether reinsurers entitled to avoid policy of reinsurance.

BREMER HANDELSGESELLSCHAFT m.b.H. v. RAIFFEISEN HAUPTGENOSSENSCHAFT eG. SCHLESWIG-HOLSTEINISCHE LANDWIRTSCHAFTLICHE HAUPTGENOSSENSCHAFT eG. m.b.H. v. BREMER HANDELSGESSELLSCHAFT m.b.H.

[1985] 1 Lloyd's Rep. 335

Sale of goods (c.i.f.) - Limitation of time - Non-delivery - Prohibition of export - Non-appropriation of goods shipped under June bills of lading - Whether buyers' claim for damages time barred.

THE "SATYA PADAM"

[1985] 1 Lloyd's Rep. 338

Collision - Crossing vessels - Collision in the river Danube - Whether vessel at all times on her correct side of channel - Liability for collision - Apportionment of blame.

THE "INDIAN FORTUNE"

[1985] 1 Lloyd's Rep. 344

Admiralty practice - Stay of action - Jurisdiction clause - Shortage of delivery - Action brought in English Courts - Parties agreed disputes to be decided in India - Whether action should be stayed.

GATOIL INTERNATIONAL INC. v. TRADAX PETROLEUM LTD. SAME v. PANATLANTIC CARRIERS CORPORATION (THE "RIO SUN")

[1985] 1 Lloyd's Rep. 350

Charter-party (Voyage) - Short delivery - Delay in discharging cargo of crude oil - Oil solidified - Whether charterers in breach for failing to ensure cargo heated - Whether owners liable for delay in discharge - Liability for demurrage.

ALLSEAS INTERNATIONAL MANAGEMENT LTD. v. PANROY BULK TRANSPORT S.A. AND OTHERS (THE "STAR GAZER" AND "STAR DELTA")

[1985] 1 Lloyd's Rep. 370

Sale of ship - Specific performance - Plaintiffs claimed vessels sold to them - Fourth defendants claimed vessels sold to them - Whether plaintiffs entitled to specific performance - Whether agreement for sale concluded between owners and plaintiffs.

SAMOS SHIPPING ENTERPRISES LTD. v. ECKHARDT AND CO. K.G. (THE "NISSOS SAMOS")

[1985] 1 Lloyd's Rep. 378

Sale of ship - Valid agreement - Vessel to be sold for scrap - Telexes exchanged between parties - Whether terms contained in telexes - Whether payment for scrap effected by reference to light displacement tonnage - Whether buyers entitled to repudiate agreement.

BANCO FONSECAS E BURNAY S.A.R.L. v. K.O. BOARDMAN INTERNATIONAL LTD.

[1985] 1 Lloyd's Rep. 386

Practice - Costs - Payment into Court - Effective date of payment - Whether payment into Court wholly ineffective - Whether defendants entitled to costs from date money paid into Court.

P & O OIL TRADING LTD. v. SCANOIL AB SCANOIL AB v. VANOL INTERNATIONAL B.V. (THE "ORIENT PRINCE")

[1985] 1 Lloyd's Rep. 389

Sale of goods (c.i.f.) - Late delivery - Rejection of goods - Whether delivery in accordance with contract - Whether buyers entitled to reject goods.

TERKOL REDERIERNE v. PETROLEO BRASILEIRO S.A. AND FROTA NACIONAL DE PETROLEIROS (THE "BADAGRY")

[1985] 1 Lloyd's Rep. 395

Charter-party (Time) - Repudiation - Vessel a constructive total loss - Whether charter survived loss of vessel - Whether owners entitled to exercise substitution option - Whether charterers' conduct amounted to repudiation.

EXCOMM LTD. v. AHMED ABDUL-QAWI BAMAODAH (THE "ST. RAPHAEL")

[1985] 1 Lloyd's Rep. 403

Arbitration - Award - Enforcement - Plaintiffs granted ex parte leave to enforce award - Whether there was a written agreement to arbitrate - Whether application to set aside order and judgment should be granted - Arbitration Act, 1950, s. 26.

SOUTH INDIA SHIPPING CORPORATION LTD. v. THE EXPORT-IMPORT BANK OF KOREA

[1985] 1 Lloyd's Rep. 413

Practice - Service of writ - Validity - Defendants rented office accommodation in London but principal place of business in Korea - Writ served on defendants' London office - Whether writ validly served.

REARDON SMITH LINE LTD. v. SANKO STEAMSHIP CO. LTD. (THE "SANKO HONOUR")

[1985] 1 Lloyd's Rep. 418

Charter-party (Time) - Redelivery - Legitimate redelivery port - Vessel to be redelivered at a port not further in distance than Persian Gulf from Japan - Vessel redelivered at Honolulu - Whether Honolulu a legitimate port.

TOTAL TRANSPORT CORPORATION v. AMOCO TRADING CO. (THE "ALTUS")

[1985] 1 Lloyd's Rep. 423

Charter-party (Voyage) - Demurrage - Vessel required to flush sea line and ballast loading barge - Whether charterers liable for time so spent - Whether exceptions to the running of laytime could be taken into account once allowed laytime exceeded - Whether charterers in breach for loading less than minimum.

BLACK KING SHIPPING CORPORATION AND WAYANG (PANAMA) S.A. v. MARK RANALD MASSIE (THE "LITSION PRIDE")

[1985] 1 Lloyd's Rep. 437

Insurance (Marine) - War risks - Vessel attacked and struck by missile - Whether owners fraudulent in not giving notice of voyage to Iran - Whether brokers fraudulent or in breach of utmost good faith in presentation of claim - Whether casualty covered by policy - Whether underwriters liable.

THE "SENNAR" (No. 2)

[1985] 1 Lloyd's Rep. 521

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Action brought in England - Whether action should have been brought in Sudan - Whether claim an action under the contract of carriage - Whether issue already decided by Dutch Courts - Whether plaintiffs precluded from contending to the contrary - Whether action should be stayed.

ATHENS CAPE NAVIERA S.A. v. DEUTSCHE DAMPFSCHIFFAHRTSGESELLSCHAFT "HANSA" AKTIENGESELLSCHAFT AND ANOTHER (THE "BARENBELS")

[1985] 1 Lloyd's Rep. 528

Sale of ship - Maritime lien - Sellers guaranteed vessel free from lien - Vessel detained for nonpayment of sellers' debts - Whether buyers liable for claim - Whether sellers bound to indemnify buyers.

MARKAPPA INC. v. N. W. SPRATT & SON LTD. (THE "ARTA")

[1985] 1 Lloyd's Rep. 534

Charter-party (Voyage) - Freight - Non-payment - Shipbrokers - Owners unable to recover freight from charterers - Whether brokers negligently misstated financial standing and reliability of charterers - Whether owners could recover from brokers.

THE REPUBLIC OF LIBERIA AND ANOTHER v. GULF OCEANIC INC. AND OTHERS

[1985] 1 Lloyd's Rep. 539

Practice - Counterclaim - Plaintiffs brought action against defendants - Defendants counterclaimed - Whether counterclaim an abuse of process of the Court - Whether counterclaim should be tried separately - Whether application to strike out counterclaim should be granted.

THE "VANESSA ANN"

[1985] 1 Lloyd's Rep. 549

Admiralty practice - Arrest of vessel - Dispute among co-owners as to possession, employment and earnings of vessel - Whether vessel should be released from arrest - Whether vessel should be sold pendente lite.

THE "TILIA GORTHON"

[1985] 1 Lloyd's Rep. 552

Carriage by sea - Damage to cargo - Most of deck cargo washed overboard - Whether cargo-owners could claim damages from carriers - Whether loss caused by perils of the seas.

RUDOLF A. OETKER v. IFA INTERNATIONALE FRACHAGENTUR A.G. (THE "ALMAK")

[1985] 1 Lloyd's Rep. 557

Charter-party (Voyage) - Bill of fading - Master signed bill of lading without noticing it was incorrectly dated - Whether breach of sub-charter - Whether owners liable for damage caused because of misdating of bills.

VALLA GIOVANNI & C. S.p.A. v. GEBR. VAN WEELDE SCHEEPVAARTKANTOOR B.V. (THE "CHANDA")

[1985] 1 Lloyd's Rep. 563

Charter-party (Voyage) - Demurrage - Stoppage due to flooding - Charterers deducted time lost from running laytime - Whether notice of intention to deduct should have been given to owners - Whether notice given by agents defective.

A. B. MARINTRANS v. COMET SHIPPING CO. LTD. (THE "SHINJITSU MARU NO. 5")

[1985] 1 Lloyd's Rep. 568

Charter-party (Time) - Hire - Restowage - Vessel encountered bad weather and cargo shifted - Vessel returned to load port and cargo restowed - Whether vessel off hire - Whether loss caused by default of stevedores for whom charterers responsible - Whether charterers entitled to make deductions of hire - Whether Law Reform (Contributory Negligence) Act, 1945 applicable.

GREENWICH MARINE INC. v. FEDERAL COMMERCE & NAVIGATION CO. LTD. (THE "MAVRO VETRANIC")

[1985] 1 Lloyd's Rep. 580

Charter-party (Voyage) - Nomination - Owners failed to nominate vessels within laycan period - Whether a breach of condition or warranty - Whether damages recoverable should be based on full and complete cargo or on minimum cargo.

TRACOMIN S.A. v. GIBBS NATHANIEL (CANADA) LTD. AND GEORGE JACOB BRIDGE

[1985] 1 Lloyd's Rep. 586

Arbitration - Arbitrator - Removal - Applicants and arbitrator involved in three separate previous actions - Allegations that arbitrator had not behaved in an impartial manner in earlier action - Whether application for removal should be granted - Arbitration Act, 1950, s. 23 (1).

ATLANTIC LINES AND NAVIGATION CO. INC. v. ITALMARE S.p.A. (THE "APOLLON")

[1985] 1 Lloyd's Rep. 597

Arbitration - Award - Remission - Owners alleged arbitrators guilty of accidental error and technical misconduct - Whether reasons could be looked at-Whether owners' application that award should be remitted should be granted.

BUNGE CORPORATION v. VEGETABLE VITAMIN FOODS (PRIVATE) LTD.

[1985] 1 Lloyd's Rep. 613

Sale of goods (c.i.f.) - Repudiation - Letter of credit and import licence not received by sellers - Sellers purported to cancel contracts - Buyers refused to accept cancellation - Whether sellers entitled to cancel contracts - Whether buyers could claim damages.

GILL & DUFFUS S.A. v. SOCIETE POUR L'EXPORTATION DES SUCRES S.A.

[1985] 1 Lloyd's Rep. 621

Sale of goods (f.o.b.) - Repudiation - Sellers failed to nominate loading port by "at latest" date - Whether "at latest" constituted an express stipulation - Buyers refused to accept late nomination - Whether conduct amounted to repudiation.

CONTINENTAL ILLINIOS NATIONAL BANK & TRUST CO. OF CHICAGO v. BATHURST (THE "CAPTAIN PANAGOS D.P.)

[1985] 1 Lloyd's Rep. 625

Insurance (Marine) - Damage to vessel - Owners insured vessel under hull and machinery policy - Bank mortgagees insured vessel under a mortgage interest insurance policy - Whether amount due under M.I. policy to be ascertained by reference to hull policy - Whether insured value under hull policy irrelevant - Assessment of value of vessel.

Lloyd's Law Reports