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BALLI TRADING LTD. v. AFALONA SHIPPING CO. LTD. (THE “CORAL”)

[1993] 1 Lloyd's Rep. 1

Bills of lading - Damage to cargo - Summary judgment - Collapse of cargo stow during voyage - Plaintiffs claimed damages - Bills of lading incorporated charter-party clauses and Hague-Visby Rules - Whether plaintiffs had title to sue - Responsibility for loading and stowing cargo - Whether carriers had arguable defence - Whether plaintiffs entitled to summary judgment.

THE RIGHT HONOURABLE FRANCIS NIGEL BARON NAPIER AND ETTRICK AND RICHARDS BUTLER v. R. F. KERSHAW LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 10

Insurance (Stop Loss) - Constructive trust - Excess stop loss - Settlement of certain actions brought by Names at Lloyd’s - Moneys paid to plaintiffs’ solicitors - Whether moneys held on constructive trust for stop loss insurers - Whether Names entitled to be recouped the excess out of any recoveries before anything fell to be paid to insurers.

G. PERCY TRENTHAM LTD. v. ARCHITAL LUXFER LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 25

Contract - Validity - Contracts for design, supply and installation of aluminium window walling, doors, screens and windows - Whether dealing between parties led to conclusion of binding sub-contracts.

THE “DA YE”

[1993] 1 Lloyd's Rep. 30

Collision - Passing vessels - Collision in approaches to Port Said - Failure to keep proper look out - Faults in navigation of vessel - Wrong decision to alter course to starboard - Apportionment of liability.

THE “PRINSENGRACHT”

[1993] 1 Lloyd's Rep. 41

Admiralty practice - Bail - Arrest of vessel - Shipowners domiciled in one of Contracting States of EC voluntarily gave bail to avoid arrest - Whether Admiralty Court deprived of jurisdiction to hear plaintiffs’ claim - Whether defendants submitted voluntarily to jurisdiction - Whether arrest valid - Civil Jurisdiction and Judgments Act, 1982.

THE “MALOJA II”

[1993] 1 Lloyd's Rep. 48

Collision - Crossing vessels - Collision off the coast of Newfoundland - Both vessels failed to comply with the Collision Regulations 1972 - Faults in navigation - Apportionment of liability.

THE “CERRO COLORADO”

[1993] 1 Lloyd's Rep. 58

Sale of ship - Sale by order of Court - Vessel subject to various encumbrances - Whether sale by Admiralty Marshal gave purchaser title free of all liens and encumbrances.

CENTURY TEXTILES & INDUSTRY LTD. (TIA CENTURY SHIPPING) v. TOMOE SHIPPING CO. (SINGAPORE) PTE LTD. (THE “ADITYA VAIBHAV”)

[1993] 1 Lloyd's Rep. 63

Charter-party (Time) - Off-hire - Vessel ordered to load cargo of lube oil after carrying cargo of palmoline - Tanks found not to be sufficiently clean - Whether owners in breach for failure of crew to carry out tank cleaning process with reasonable skill and speed - Whether Butterworth tank cleaning machines defective - Whether vessel off-hire.

SALE CORPORATION OF MONROVIA v. TURKISH CARGO LINES GENERAL MANAGER (THE “AMIRAL FAHRI ENGIN”)

[1993] 1 Lloyd's Rep. 75

Charter-party (Voyage) - Demurrage - Free pratique - Master to obtain free pratique on arrival of vessel - Time charterers alleged master failed to comply with orders - Whether free pratique granted promptly - Whether vessel owners in breach of time charter - Whether breach caused time charterers to lose right to demurrage from voyage sub-charterers.

NISSHO IWAI PETROLEUM CO. INC. v. CARGILL INTERNATIONAL S.A.

[1993] 1 Lloyd's Rep. 80

Sale of goods (f.o.b.) - Breach - Brent crude oil market - Nomination - Under Brent crude oil 15-day contract sellers to declare to buyers by telephone not later than 17 00 hours on 15th day - Sellers alleged buyers failed to answer telephone until after deadline passed - Whether buyers in breach - Whether sellers failed to mitigate their loss.

MANNESMAN HANDEL A.G. v. KAUNLARAN SHIPPING CORPORATION AND OTHERS (THIRD PARTIES)

[1993] 1 Lloyd's Rep. 89

Banking - Letter of credit - Sale of goods of Russian origin to Chinese buyers - Difficulties in trade between Russia and China - Letter of credit issued by Swiss bank - Documents falsely describing origin of goods issued to knowledge of Swiss bank - Documents presented did not conform with requirements of letter of credit - Whether Swiss bank legally obliged to make payment against documents.

BOOBYER v. DAVID HOLMAN & CO. LTD. AND THE SOCIETY OF LLOYD’S (No. 2)

[1993] 1 Lloyd's Rep. 96

Practice - Interim injunction - Application to restrain members’ agents issuing notices for unpaid cash calls - Whether plaintiffs had good arguable case that member’s agents in breach of duty.

GREENMAR NAVIGATION LTD. v. OWNERS OF SHIP “BAZIAS 3” AND “BAZIAS 4” AND SALLY LINE LTD. (THE “BAZIAS 3” AND “BAZIAS 4”)

[1993] 1 Lloyd's Rep. 101

Admiralty practice - Arrest of vessel - Dispute under time charter referred to arbitration - Vessel arrested as security for arbitration claim - Application to set aside - Vessel to remain under arrest but allowed to return to employment - Whether Court had discretion to release vessel without security - Effect of s. 26 of the Civil Jurisdiction and Judgments Act, 1982.

DEN NORSKE BANK A/S AND IRISH INTERCONTINENTAL BANK LTD. v. OWNERS OF THE SHIPS “EUROSUN” AND “EUROSTAR” AND EURO MARINE CARRIERS B.V. (THE “EUROSUN” AND “EUROSTAR”)

[1993] 1 Lloyd's Rep. 106

Admiralty practice - Title to bunkers - Mortgaged vessels on time charter - Vessels off hire until charter expired - Owners failed to make payment under loan agreement - Vessels appraised and sold - Whether bunkers at date of sale property of charterers - Whether bunker fuel part of security mortgaged to plaintiffs.

SHELL CHEMICALS UK LTD. AND SHELL UK LTD. v. P & O ROADTANKS LTD.

[1993] 1 Lloyd's Rep. 114

Carriage by road - CMR - Carriage of tank of chemicals - Defendants delivered tank of detergent - Plaintiffs alleged refinery had to be shutdown for cleaning and claimed damages - Whether plaintiffs’ claims limited or excluded by CMR and or defendants standard trading conditions or RHA conditions - Whether defendants entitled to be indemnified.

D.R. INSURANCE CO. v. SEGUROS AMERICA BANAMEX SAME v. IMPERIO COMPANHIA DE SEGUROS

[1993] 1 Lloyd's Rep. 120

Reinsurance - Illegality - Insurance companies members of marine, non-marine and aviation pool - MOA provided for automatic retrocession by fronting company to other pool members - Insurance companies not authorized to carry on business as insurance companies by Insurance Companies Acts 1974-1981 - Whether alleged retrocessions illegal and or void.

TURKIYE IS BANKASI A.S. v. BANK OF CHINA

[1993] 1 Lloyd's Rep. 132

Banking - Counter-guarantees - Proper law - Contract for building projects in Libya - Performance bonds and counter-guarantees provided - Payment under counter-guarantees called for in London - Proper law of counter-guarantees.

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. CHRISMAS AND OTHERS (THE “KYRIAKI”)

[1993] 1 Lloyd's Rep. 137

Practice - Limitation of time - Jurisdiction -Amendment to writ - Writ amended to substitute new defendant for defendant named in writ - Whether amendment made in time - Whether Court had jurisdiction to make ex parte order extending time for effecting amendment - Whether plaintiffs had purported to begin proceedings by serving defective writ - Limitation Act, 1980, s. 35 - R.S.C., O. 2, r. 1, O. 15, rr. 6, 8. Insurance (Marine) - Notice of abandonment - Vessel a constructive total loss - Notice of abandonment given but rejected by insurers - Whether cause of action arose on date of casualty or date of NOA - Whether NOA an essential ingredient of cause of action - Marine Insurance Act, 1906 ss. 56, 57, 60, 61, 62.

CARIBBEAN GOLD LTD. AND OTHERS v. ALGA SHIPPING CO. LTD. (THE “NOVA SCOTIA”)

[1993] 1 Lloyd's Rep. 154

Practice - Writ - Application to set aside - Application to renew - Cargo claim arising out of carriage of consignment of bananas - Writ marked “not for service out of jurisdiction” - Writ not served within four months - Whether writ should be set aside - Whether application to renew should be granted - R.S.C., O. 6, r. 8.

AIGLON LTD. AND L’AIGLON S.A. v. GAU SHAN CO. LTD. GAU SHAN CO. LTD. v. AIGLON LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 164

Practice - Mareva injunction - Application for continuation - Dispute under sale of goods contract - Allegations that 1st plaintiffs had stripped itself of its assets - Whether defendants had established good arguable case - Whether injunction should be continued - Insolvency Act 1986, ss. 238, 423. Practice - Application to strike out - Amended points of defence and counterclaim - Dispute under sale of goods contract - Whether amendment to counterclaim involved abuse of Court - Whether amendment should be disposed of by separate action - Whether Swiss Courts more appropriate forum - R.S.C., O. 28, r. 7 - Civil Jurisdiction and Judgments Act, 1991.

R. v. LLOYD’S OF LONDON EX PARTE BRIGGS AND OTHERS

[1993] 1 Lloyd's Rep. 176

Practice - Judicial review - Application to set aside - Applicants obtained ex parte leave to move for judicial review against Lloyd’s - Allegations of non-disclosure or misrepresentation - Whether applicant’s case seriously arguable - Whether Lloyd’s within scope of judicial review - Whether application to set aside leave should be granted.

KINGSCROFT INSURANCE CO. LTD. v. H.S. WEAVERS (UNDERWRITING) AGENCIES LTD.

[1993] 1 Lloyd's Rep. 187

Principal and Agent - Underwriting agent - Deposits placed in name of principals - Principals insolvent - Whether agents entitled to an equitable charge over deposits in respect of debts due to them from principals.

THE RIGHT HONOURABLE FRANCIS NIGEL BARON NAPIER AND ETTRICK AND RICHARDS BUTLER v. R. F. KERSHAW LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 197

Insurance (Stop Loss) - Constructive trust - Excess stop loss - Settlement of certain actions brought by Names at Lloyd’s - Moneys paid to plaintiffs’ solicitors - Whether moneys held on constructive trust for stop loss insurers - Whether Names entitled to be recouped the excess out of any recoveries before anything fell to be paid to insurers.

GEOGAS S.A. v. TRAMMO GAS LTD. (THE “BALEARES”)

[1993] 1 Lloyd's Rep. 215

Charter-party (Voyage) - Cancellation - Vessel and substitute vessel unable to meet e.t.a. and cancelling dates - Arbitrators held charterers entitled to recover loss caused by increase in market price due to “hype” - Whether such damages irrecoverable - Whether owners’ breach caused loss.

SEACONSAR FAR EAST LTD. v. BANK MARKAZI JOMHOURI ISLAMI IRAN

[1993] 1 Lloyd's Rep. 236

Banking - Letter of credit - Bank alleged discrepancies in shipping documents - Bank rejected documents - Whether documents conformed to letter of credit - Whether rejection in time - Whether plaintiffs had good arguable case on the merits - Whether leave to serve out of jurisdiction should be set aside.

MEDITERRANEAN FREIGHT SERVICES LTD. v. BP OIL INTERNATIONAL LTD. (THE “FIONA”)

[1993] 1 Lloyd's Rep. 257

Carriage by sea - Dangerous cargo - Unseaworthiness - Carriage of cargo of fuel oil - Explosion occurred while vessel preparing to discharge - Whether explosion occurred because fuel oil contaminated with residues from previous cargos - Whether owners consented to shipment of dangerous cargo - Whether owners failed to exercise due diligence to make vessel seaworthy - Hague-Visby Rules, art. III, rr. 1, 2, art. IV, r. 6. Unseaworthiness - Carriage by sea - Carriage of cargo of fuel oil - Explosion occurred while vessel preparing to discharge - Whether vessel unseaworthy - Whether owners failed to remove residues of previous condensate cargo from vessel - Whether owners failed to ensure that heating coils did not leak - Hague-Visby Rules art. III, rr. 1, 2, art. IV, r. 6.

CHANNEL TUNNEL GROUP LTD. AND OTHERS v. BALFOUR BEATTY CONSTRUCTION LTD. AND OTHERS

[1993] 1 Lloyd's Rep. 291

Arbitration - Stay of action - Jurisdiction - Injunction - Contract for construction of Channel tunnel - Contractors threatened suspension of work - Employers applied for injunction - Whether action should be stayed in favour of arbitration - Whether Court had jurisdiction to grant interim injunction - Arbitration Act, 1950, s. 12(6) - Supreme Court Act, 1981, s 37.

MITSUI & CO. LTD. v. NOVOROSSIYSK SHIPPING CO. (THE “GUDERMES”)

[1993] 1 Lloyd's Rep. 311

Carriage by sea - Implied contract - Cargo of oil on board vessel with no operative heating coils - Plaintiffs purchased cargo from shippers - Whether plaintiffs aware that vessel had no heating system - Whether contract to be implied between plaintiffs and defendants - Whether Hague-Visby Rules incorporated - Whether vessel unseaworthy - Whether defendants owed plaintiffs duty of care in tort or bailment - Quantum.

COASTAL (BERMUDA) PETROLEUM LTD. v. VTT VULCAN PETROLEUM S.A. (THE “MARINE STAR”)

[1993] 1 Lloyd's Rep. 329

Sale of goods (c.i.f.) -Force majeure - Nomination - Sale of cargo of fuel oil to buyers - Sellers nominated vessel - Nominated vessel withdrawn but no substitute vessel nominated - Whether nomination telex amounted to contractual nomination - Whether sellers could rely on force majeure.

KUWAIT PETROLEUM CORPORATION v. I & D OIL CARRIERS LTD. (THE “HOUDA”)

[1993] 1 Lloyd's Rep. 333

Charter-party (Time) - Off-hire - Iraq invaded Kuwait - Charterers offices moved to London - Delay by owners in carrying out charterers’ orders - Whether vessel off-hire - Whether loss of time caused by breach of charter by owners - Whether owners acted reasonably - Whether cargo could be discharged without presentation of bill of lading.

KUWAIT MARITIME TRANSPORT CO. v. RICKMERS LINIE K.G. (THE “DANAH”)

[1993] 1 Lloyd's Rep. 351

Charter-party (Time) - Deck cargo clause - Construction - Loss of containers stowed on deck - Dispute referred to arbitration - Question of law arose in arbitration - Whether owners liable to charterers for loss of containers under deck cargo clause.

ORIENT OVERSEAS MANAGEMENT AND FINANCE LTD. v. FILE SHIPPING CO. LTD. (THE “ENERGY PROGRESS”)

[1993] 1 Lloyd's Rep. 355

Ship’s management - Implied term - End of term bonus payable on termination of charter by effluxion of time - Charter terminated prematurely by mutual agreement between charterers and owners - Whether term that owners would not do anything to deprive managers of end of term bonus should be implied.

ALFRED C TOEPFER INTERNATIONAL GmbH v. ITEX ITAGRANI EXPORT S.A.

[1993] 1 Lloyd's Rep. 360

Sale of goods (f.o.b.) - Repudiation - Sale of “one full cargo” to buyers - Sub-buyers nominated vessel to carry other cargo - Draught restrictions meant vessel unable to load full contract quantity - Whether buyers in repudiatory breach evincing intention not to perform or being unable to perform contract.

LEIF HOEGH & CO. A/S v. PETROLSEA INC. (THE “WORLD ERA”) (No. 2)

[1993] 1 Lloyd's Rep. 363

Practice - Documentary privilege - Dispute between sub-agent charterers and shipowners referred to arbitration - Dispute between charterers and principal as to conduct of arbitration - Principal commenced injunction action against charterers - Action settled - Whether charterers protected in arbitration by common interest privilege from producing documents relating to injunction action.

BRITISH AEROSPACE PLC v. DEE HOWARD CO.

[1993] 1 Lloyd's Rep. 368

Practice - Application to set aside - Stay of proceedings - Jurisdiction clause - Parties entered into Technical Assistance Agreement - Clause provided for agreement to be subject to English law and disputes to be referred to English Court - Whether clause an exclusive jurisdiction clause - Whether American Courts more appropriate forum - Whether action should be stayed and writ set aside.

JOHN ROBERT CHARMAN AND MARK E. BROCKBANK v. WOC OFFSHORE B.V.

[1993] 1 Lloyd's Rep. 378

Practice - Application to set aside - Stay of proceedings - Contract for reconstruction of breakwater in Algeria - Underwriters provided contingency insurance - Claim under policy - Whether policy subject to English jurisdiction - Whether underwriters obliged to sue assured in Dutch Courts - Whether writ and service thereof should be set aside - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule arts. 11, 12, 12A.

REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”)

[1993] 1 Lloyd's Rep. 387

Practice - Application to strike out - Res judicata - Carriage of goods by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether cause of action in England identical to that in India - Whether s. 34 of Civil Jurisdiction and Judgments Act a bar to bringing English proceedings - Whether action should be struck out.

ABU DHABI NATIONAL TANKER CO. v. PRODUCT STAR SHIPPING LTD. (THE “PRODUCT STAR”) (No. 2)

[1993] 1 Lloyd's Rep. 397

Charter-party (Time) - Repudiation - Unsafe port - Iran-Iraq war - Vessel ordered to load at Ruwais - Owners considered port to be dangerous - Whether owners entitled to disregard charterers’ orders - Whether Ruwais dangerous - Whether owners wrongfully repudiated charter - Damages.

MARIDA LTD. AND OTHERS v. OSWAL STEEL AND OTHERS (THE “BIJELA”)

[1993] 1 Lloyd's Rep. 411

General average - Cost of temporary repairs - Vessel grounded causing damage to bottom plating - Temporary repairs effected - General average declared - Whether owners entitled to claim contribution from cargo-owners for cost of temporary repairs - York-Antwerp Rules 1974.

NESTE CHEMICALS S.A. AND OTHERS v. D K LINE S.A. AND TOKUMARU KAIUN K.K. (THE “SARGASSO”)

[1993] 1 Lloyd's Rep. 424

Admiralty practice - Application to set aside - Jurisdiction - Carriage of goods by sea - Cargo contaminated - English and Dutch proceedings brought - Whether English Court first seised of proceedings - Whether English and Dutch proceedings involved same cause of action and between same parties - Whether English Court should decline jurisdiction and set aside writ - Civil Jurisdiction and Judgments Act 1982.

TOOMEY v. EAGLE STAR INSURANCE CO. LTD.

[1993] 1 Lloyd's Rep. 429

Reinsurance - Agreement - Construction - Reinsurers to pay all claims and other outgoings in respect of run-off of syndicates’ 1965 underwriting year of account - Huge increase in claims - Reinsurers refused to pay claims - Whether reinsurers obliged to reimburse syndicates regardless of whether syndicates under an antecedent liability to pay amount of claims to their assured - Whether agreement could be rectified.

PAN OCEAN SHIPPING CO. LTD. v. CREDITCORP LTD. (THE “TRIDENT BEAUTY”)

[1993] 1 Lloyd's Rep. 443

Charter-party (Time) - Hire - Hire payable in advance - Shipowners assigned freight receivables to bank - Vessel off-hire - Charterers paid hire in advance to bank - Vessel failed to comply with charterers’ orders - Charterers treated charter as repudiated and claimed return of hire payment - Whether advance payment not having been earned repayable - Whether bank could resist claim by showing that after payment they altered their position or acted to their detriment.

HARBOUR ASSURANCE CO. (UK) LTD. v. KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD.

[1993] 1 Lloyd's Rep. 455

Arbitration - Arbitrators - Jurisdiction - Doctrine of separability - Dispute under reinsurance contracts - Allegation that contracts illegal - Whether arbitration clause wide enough to cover illegality dispute - Whether arbitration agreement severable - Whether defendants entitled to stay action.

ATTORNEY GENERAL OF THE REPUBLIC OF GHANA AND GHANA NATIONAL PETROLEUM CORPORATION v. TEXACO OVERSEAS TANKSHIPS LTD. (THE “TEXACO MELBOURNE”)

[1993] 1 Lloyd's Rep. 471

Damages - Currency - Carriage by sea - Non-delivery - Defendants failed to deliver cargo of fuel oil to plaintiffs - Whether available market Italy or Takoradi - Appropriate currency in which plaintiffs’ loss should be assessed - Whether damages should be assessed in U.S. dollars or Ghanaian cedis.

MORLEY AND MORLEY v. UNITED FRIENDLY INSURANCE PLC

[1993] 1 Lloyd's Rep. 490

Insurance (Personal Accident) - Exclusion clause - Insurers not to be liable if insured wilfully exposed himself to needless peril - Insured stepped onto rear bumper of moving car - Insured severely injured and died as a result of injuries - Whether insurers entitled to rely on exclusion clause.

PAN ATLANTIC INSURANCE CO. LTD. AND ANOTHER v. PINE TOP INSURANCE CO. LTD.

[1993] 1 Lloyd's Rep. 496

Reinsurance - Non-disclosure - Misrepresentation - Renewal invited based on loss record for 1977-1979 years - Whether plaintiffs failed to disclose material facts - Whether position misrepresented - Whether additional losses for year 1980-1981 should have been disclosed - Whether reinsurers entitled to avoid policy for misrepresentation and non-disclosure.

PEARL CARRIERS INC. v. JAPAN LINE LTD. (THE “CHEMICAL VENTURE”)

[1993] 1 Lloyd's Rep. 508

Charter-party (Time) - Safe port - Iran/Iraq war - Vessel ordered to load at terminal at Mina Al Ahmadi - Vessel attacked by Iranian missile - Whether Mina Al Ahmadi a safe port - Whether charterers in breach of obligation - Waiver.

THE “HAVHELT”

[1993] 1 Lloyd's Rep. 523

Bill of lading - Jurisdiction clause - Stay of action - Damage to cargo - Vessel arrested and action brought in England -Disputes under bill of lading to be decided in Norway - Whether action should be stayed - Whether arrest should be continued - Civil Jurisdiction and Judgments Act, 1982, s. 26.

CEMENTATION PILING AND FOUNDATIONS LTD. v. AEGON INSURANCE CO. LTD. AND COMMERCIAL UNION INSURANCE CO. PLC.

[1993] 1 Lloyd's Rep. 526

Insurance (Contractors All Risks) - Construction - Plaintiffs contractually bound to carry out works at Barrow-in-Furness docks - Defects in design material and workmanship - Plaintiffs required to remedy defects - Whether rectification of defects within insurance cover.

NIGEL UPCHURCH ASSOCIATES v. THE ALDRIDGE ESTATES INVESTMENT CO. LTD.

[1993] 1 Lloyd's Rep. 535

Practice - Discovery - Defendants counterclaimed in plaintiff’s action - Defendant anxious to discover whether plaintiff had insurance cover - Whether defendant’s application should be granted - Third Parties (Rights Against Insurers) Act, 1930, s. 2.

BARTON HENDERSON RASEN AND OTHERS v. MERRETT AND ERNST & YOUNG AND OTHERS

[1993] 1 Lloyd's Rep. 540

Practice - Writ - Application to set aside - Plaintiffs alleged managing and members agent and auditors in breach of contract or duty in closing the 1983 and 1984 year of account and approving such decisions - Defendants alleged that at time writ served plaintiffs had no present intention of serving points of claim and prosecuting litigation and no reasonable evidence or grounds for serving points of claim - Whether proceedings should be struck out - Whether an abuse of process of the Court.

ARAB MONETARY FUND v. HASHIM AND OTHERS

[1993] 1 Lloyd's Rep. 543

Principal and agent - Secret commission - Bribe - Contract for construction of plaintiffs’ building - Plaintiffs alleged that contractors paid agents a bribe - Whether plaintiffs entitled to restitution or damages. Conflict of laws - Contract - Jurisdiction - Contract for construction of plaintiffs’ building - Plaintiffs alleged that contractors paid agent a bribe - Plaintiffs claimed restitution or damages - Whether claims governed by English law - Whether payment ultra vires - Whether English Court had jurisdiction to hear claims. Conflict of laws - Limitation of time - Contract for construction of plaintiffs’ building - Plaintiffs alleged that contractors paid agent a bribe - Plaintiffs claimed restitution or damages - Whether plaintiffs’ claim subject to limitation defences.

THE “RHONE” AND “PETER A. B. WIDENER”

[1993] 1 Lloyd's Rep. 600

Collision - Limitation of liability - Collision between moored ship and dumb barge - Navigational error by lead tug master - Whether fault of tug master fault of tug owner - Whether tug owners entitled to limit liability - Appropriate unit of limitation - Canada Shipping Act, R.S.C. 1970 s. 647(2)

Lloyd's Law Reports