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BAGHLAF AL ZAFER FACTORY CO. BR. FOR INDUSTRY LTD. v. PAKISTAN NATIONAL SHIPPING CO. AND ANOTHER (NO. 2)

[2000] 1 Lloyd's Rep. 1

Practice - Stay of action - Limitation of time - Dispute as to exclusive jurisdiction clause - Stay granted on condition defendants undertook to waive any time bar point when plaintiffs commenced action in Pakistan - Before order finalized allegation that waiver not possible - Effect of s. 14 of Limitation Act, 1908 in Pakistan.

THE “ABT RASHA”

[2000] 1 Lloyd's Rep. 8

General average - Non-separation agreement - Construction - Bigham clause - Vessel carrying cargo of oil from Saudi Arabia to Rotterdam - Vessel encountered severe weather and hydraulic steering pumps became heavily damaged - Vessel diverted to port of refuge and general average declared - Contribution from cargo-owners capped under Bigham clause - Whether shipowners could recover balance from hull underwriters - Marine Insurance Act, 1906, s. 66.

RUSTAL TRADING LTD. v. GILL & DUFFUS S.A.

[2000] 1 Lloyd's Rep. 14

Arbitration - Award - Bias - Application to set aside - Sale of goods (c.&f.) - Demurrage dispute referred to arbitration - Refined Sugar Association appointed tribunal - One of the arbitrators involved in earlier dispute with applicant’s consultant - Whether sufficient appearance of bias on part of arbitrator to make it improper for him to act - Whether award should be set aside.

AT & T CORPORATION AND ANOTHER v. SAUDI CABLE COMPANY

[2000] 1 Lloyd's Rep. 22

Arbitration - Arbitrator - Removal - Bias - Applicants successful bidder in Saudi telecommunications expansion project - Dispute under contract referred to arbitration - Non-executive director of competitor company appointed arbitrator - Competitor company disappointed bidder for telecommunications expansion project - Whether arbitrator should be removed and awards set aside on ground of bias.

IN THE MATTER OF A FIRM OF SOLICITORS

[2000] 1 Lloyd's Rep. 31

Practice - Injunction - Indemnity claim - Proceedings by P & I club against defendants - Defendants instructed solicitors to act for them - Solicitors also acting for E & O underwriters of club’s managers in claim of indemnity arising out of broker’s action - Whether club entitled to injunction restraining solicitors from acting for defendants.

THE “RANGIORA”, “RANGINUI” AND “TAKITIMU”

[2000] 1 Lloyd's Rep. 36

Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Application to set aside - Vessels under demise charters - Charter-party hire in arrears - Owners gave notice terminating charters - Plaintiff creditors arrested vessels and brought actions in rem against demise charterers - Owners alleged demise charterers not beneficial owners of vessels and demise charters terminated - Whether arrest should be set aside on the ground that in rem jurisdiction not properly invoked pursuant to s. 5(2)(b) of the Admiralty Act, 1973.

SHIPOWNERS’ MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) (THIRD THIRD PARTY) v. HODGETTS AND QUEENSLAND MARINE AND GENERAL INSURANCE PTY LTD. (FIRST THIRD PARTY) DAVIS v. RIVERS INSURANCE BROKERS PTY LTD. (SECOND THIRD PARTY)

[2000] 1 Lloyd's Rep. 58

Arbitration - Arbitration clause - Stay of action - Whether action should be stayed pending arbitration pursuant to s. 7(2) of the International Arbitration Act, 1974 - Whether issue between defendant and third party or between third party and another third party could be determined where no relief claimed - Whether difference or dispute within meaning of arbitration clause - Meaning of “matter” in s. 7(2)(b) - Whether matter in dispute between the first respondent and appellant also matter in dispute between first respondent and second respondent - Whether dispute between appellant and first respondent capable of settlement by arbitration.

HARBOUR & GENERAL WORKS LTD. v. ENVIRONMENT AGENCY

[2000] 1 Lloyd's Rep. 65

Arbitration - Limitation of time - Application for extension - Application for declaration that no extension required - Construction of flood defences at Parkeston Quay, Harwich - Dispute under ICE Conditions of contract in respect of carrying out works - Notice to refer to arbitration out of time - Whether application for extension of time should be granted - Whether declaration that no extension of time required should be granted - Arbitration Act, 1996, s. 12.

HOMBURG HOUTIMPORT B.V. v. AGROSIN PRIVATE LTD. AND OTHERS (THE “STARSIN”)

[2000] 1 Lloyd's Rep. 85

Bill of lading - Shipowners’ or charterers’ bill - Damage to cargo - Bills issued in respect of carriage of cargo - Bills signed as agent for carrier - Whether shipowners parties to bills of lading - Whether bills in terms entered into with shipowners’ authority - Liability of shipowners in tort in absence of contract - Whether shipowners entitled to rely on Himalaya clause - Whether claimants had cause of action in tort in respect of damage to cargo - Passing of title - Extent to which bad stowage caused damage sustained after title passed.

PACOL LTD. v. JOINT STOCK CO. ROSSAKHAR

[2000] 1 Lloyd's Rep. 109

Arbitration - Award - Serious irregularity - Disputes under sugar contracts referred to arbitration - Arbitration conducted on documentary evidence only - Claimants alleged arbitrators’ failure to warn that question of liability being reopened a serious irregularity - Whether award should be set aside - Arbitration Act, 1996, ss. 33(1), (2), 68(1).

WALKER AND OTHERS v. ROWE AND OTHERS

[2000] 1 Lloyd's Rep. 116

Arbitration - Award - Costs award - Interest - Enforcement - Leave given to enforce an award on costs in same manner as judgment - No reference to post-award interest on sum awarded - Whether Court could award interest - Whether discretion should be exercised in favour of party that had entered award as judgment - Rate applicable - Arbitration Act, 1996, s. 66 - Supreme Court Act, 1981, s. 35.

CREDIT AGRICOLE INDOSUEZ v. GENERALE BANK AND SECO STEEL TRADING INC. AND CONSIDAR INC.

[2000] 1 Lloyd's Rep. 123

Banking - Letter of credit - Indemnity - Sale of goods (f.o.b.) - Payment to be by irrevocable letter of credit against presentation of documents - Allegation that documents discrepant - Whether documents discrepant - Whether defendants entitled to indemnity.

NATIONAL JUSTICE COMPANIA NAVIERA S.A. v. PRUDENTIAL ASSURANCE CO. LTD. (THE “IKARIAN REEFER” (NO. 2))

[2000] 1 Lloyd's Rep. 129

Practice - Costs - Non-Party - Jurisdiction - Claim by plaintiffs against insurers for constructive total loss of vessel - Insurers successfully denied liability - Insurers awarded costs - Insurers sought to recover balance of costs from non-party - Non-party domiciled in Greece - No leave sought or granted to serve summons on non-party out of jurisdiction - Whether Court had personal jurisdiction over non-party - Supreme Court Act, 1981, s. 51 - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 6.

LUBBE AND OTHERS v. CAPE PLC AFRIKA AND OTHERS v. SAME

[2000] 1 Lloyd's Rep. 139

Practice - Stay of action - Forum non conveniens - Group action - Claims by employees of South African subsidiaries of defendant company in respect of asbestos related diseases brought in England - Whether litigation could only be handled as a group action - Whether another available forum clearly and distinctly more appropriate for trial of action - Whether abuse of process - Whether action should be stayed.

ASSOCIATION OF BRITISH TRAVEL AGENTS LTD. AND OTHERS v. BRITISH AIRWAYS PLC AND OTHERS

[2000] 1 Lloyd's Rep. 169

Carriage by air - Agency - Passenger service charge - Airline tickets showed passenger service charge as a tax - Whether description misleading - Whether implied term that agents would not be instructed by carriers to participate in giving passengers misleading information - Whether breach of that term - Whether fares on which commission payable included passenger service charge - Whether contracts varied.

DUFFEN v. FRABO S.p.A.

[2000] 1 Lloyd's Rep. 180

Contract - Sales agency agreement - Repudiation - Damages - Claimant and defendants entered into sales agency agreement - Disputes arose under agreement - Allegations of default by defendants and claimants - Whether claimant’s conduct repudiatory - Whether obligation to pay retainer survived termination - Damages claimant entitled to - Effect of Commercial Agents (Council Directive) Regulations, 1993 - Entitlement of claimant to compensation under regulations.

FRASER RIVER PILE & DREDGE LTD. v. CAN-DIVE SERVICES LTD.

[2000] 1 Lloyd's Rep. 199

Contract - Privity - Doctrine of principled exception to privity of contract - Insurance policy included waiver of subrogation - Charterers included as additional insureds - Charterers negligent in sinking of barge - Barge owners recovered under policy - Claim against charterers - Whether charterers as third party beneficiaries could rely on waiver of subrogation - Whether doctrine of principled exception to privity of contract applied.

MOTIS EXPORTS LTD. v. DAMPSKIBSSELSKABET AF 1912 AKTIESELSKAB AND AKTIESELSKABET DAMPSKIBSSELSKABET SVENDBORG

[2000] 1 Lloyd's Rep. 211

Bill of lading -Forged bills - Misdelivery - Plaintiffs’ goods carried on defendants’ vessel to West Africa - Defendants exempted by clause in bill of lading from liability for goods after discharge - Forged bills used to obtain delivery - Whether defendants liable.

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND OTHERS (No. 2)

[2000] 1 Lloyd's Rep. 218

Bill of lading - Deceit - Conspiracy - Bill of lading ante-dated - Whether defendants intended that bill of lading would be used to deceive bank -Whether defendants liable in damages for deceit and/or conspiracy - Whether defence of ex turpi causa could be relied on - Whether claims for contribution should be allowed - Civil Liability (Contribution) Act, 1978.

BOLIDEN ORE AND METALS CO. v. DAWN MARITIME CORPORATION

[2000] 1 Lloyd's Rep. 237

Bill of lading - Estoppel - Identity of shipper - Carriage of lead concentrate in bulk - Vessel took on a list and sank - Shippers named in bill of lading - Shippers a branch company of third party - Shipowners issued proceedings against third party - Whether description of shipper in bill of lading misleading and third party the contracting party - Whether third party estopped from denying they were shippers under bill of lading.

R. v. SECRETARY OF STATE FOR THE ENVIRONMENT TRANSPORT AND THE REGIONS EX PARTE INTERNATIONAL AIR TRANSPORT ASSOCIATION

[2000] 1 Lloyd's Rep. 242

Practice - Aviation - Judicial review - Validity of Air Carrier Liability Order, 1998 - Purpose of order to implement EC Council regulation - Whether regulation valid - Whether question of its validity should be referred to European Court of Justice.

KUWAIT AIRWAYS CORPORATION AND ANOTHER v. KUWAIT INSURANCE CO. S.A.K. AND OTHERS

[2000] 1 Lloyd's Rep. 252

Insurance (Aviation) - War risks - Allied perils - Iraq invaded Kuwait - Iraq removed Kuwaiti aircraft and spares - Plaintiffs claimed under insurances - Plaintiffs entitled to be indemnified in respect of aircraft up to a maximum of U.S.$300 m. and in respect of spares up to a maximum of U.S.$150 m. - Whether credit for value of recovered aircraft to be shared proportionately - Whether recoveries of aircraft to be valued at “agreed values” or market values - Whether recoveries of aircraft and recoveries of spares to be credited against policy limits for aircraft and spares.

GROUPAMA NAVIGATION ET TRANSPORTS AND OTHERS v. CATATUMBO C.A. SEGUROS

[2000] 1 Lloyd's Rep. 266

Insurance (Marine) - Reinsurance - Back to back cover - Breach of warranty - Insured vessels heavily damaged in storm - Warranty in insurance and reinsurance that owners to maintain vessels in class - Owners in breach of warranty - Whether reinsurance cover back to back with original cover - Whether reinsurers discharged from liability for breach of warranty.

THE “EBN AL WALEED”.

[2000] 1 Lloyd's Rep. 270

Bill of lading - Limitation of liability - Hague Rules - Damage to cargo - Carriage of goods from Turkey to Canada - Bills of lading subject to Hague Rules - Value of cargo not inserted in bills of lading - Limit of liability per package or unit applicable in Turkey.

CREDIT AGRICOLE INDOSUEZ v. MUSLIM COMMERCIAL BANK LTD.

[2000] 1 Lloyd's Rep. 275

Banking - Letter of credit - Rejection of documents - Specified documents to be sent to issuing bank - No weight and measurement list and no certificate of origin sent to issuing bank - Whether stipulated documents essential documents against which negotiation and payment agreed to be made under the terms of the letter of credit.

THE “MINERAL DAMPIER” AND “HANJIN MADRAS”

[2000] 1 Lloyd's Rep. 282

Collision - Crossing vessels - Liability for collision - Collision in East China sea - Actions of stand-off and give-way vessels - Faults in navigation - Apportionment of liability.

CERO NAVIGATION CORPORATION v. JEAN LION & CIE (THE “SOLON”)

[2000] 1 Lloyd's Rep. 292

Charter-party (Voyage) - Strike clause - Construction - Strike or disruption delayed loading of vessel - Whether strike clause ambiguous - Whether a strike within meaning of clause operated so as to interrupt laytime.

BUA INTERNATIONAL LTD. v. HAI HING SHIPPING CO. LTD. (THE “HAI HING”)

[2000] 1 Lloyd's Rep. 300

Practice - Writ - Extensions - Validity - Reverse of bill of lading blank - Issue as to whether Hague Rules and time bar incorporated - Extensions of writ granted ex parte - Whether extensions and service of writ should be set aside - Effect of CPR.

SOMATRA LTD. v. SINCLAIR ROCHE & TEMPERLEY

[2000] 1 Lloyd's Rep. 311

Practice - Discovery - “Without prejudice” material - Waiver - Plaintiffs claimed damages for professional negligence - Application for discovery of without prejudice material - Whether defendants had waived without prejudice privilege.

HARDING MAUGHAN HAMBLY LTD. v. COMPAGNIE EUROPÉENNE DE COURTAGE D’ASSURANCES ET DE RÉASSURANCES S.A. AND ASSURANCES DES INVESTISSEMENTS INTERNATIONAUX S.A.

[2000] 1 Lloyd's Rep. 316

Insurance brokers - Commission - Entitlement - Placing of political risks insurance in London market - Agreement between placing brokers as to split in commission - Whether agreement legally binding - Whether brokers effective cause of final placing - Whether brokers entitled to reasonable commission if agreement not binding.

SINOCHEM INTERNATIONAL OIL (LONDON) CO. LTD. v. MOBIL SALES AND SUPPLY CORPORATION.

[2000] 1 Lloyd's Rep. 339

Sale of goods (f.o.b.) - Non-performance - Set-off - Seller sold quantity of crude oil to buyer - Price remained outstanding - Buyer sought to set off sums allegedly due under contracts between buyer’s affiliates and seller’s affiliates - Whether buyer entitled to set-off - Whether seller entitled to summary judgment.

CHAILEASE FINANCE CORPORATION v. CREDIT AGRICOLE INDOSUEZ

[2000] 1 Lloyd's Rep. 348

Banking - Jurisdiction - Letter of credit - Place of performance of obligation - Agreement for sale of vessel - Payment to be by irrevocable letter of credit against presentation of documents - Instruction for payment to be made in London - Whether England place of performance of obligation - Whether English Court had jurisdiction - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 5. Banking - Letter of credit - Non-conformity - Agreement for sale of vessel - Payment to be by irrevocable letter of credit against presentation of documents - Delivery date in bill of sale a day later than range of dates specified in letter of credit - Whether bill of sale a non-conforming document.

THE “RUTA”

[2000] 1 Lloyd's Rep. 359

Admiralty practice - Maritime claims - Priority - Vessel in collision with three yachts - Owners of one of the yachts obtained security for damages claim - Other owners claimed damages - Backlog of unpaid crew wages built up - Vessel sold - Whether damage claimants had priority over wages’ claimants - Whether claimant who obtained security had same priority as other damage claimants.

CHINA SHIPBUILDING CORPORATION v. NIPPON YUSEN KABUKISHI KAISHA AND GALAXY SHIPPING PTE. LTD. (THE “SETA MARU”, “SAIKYO” AND “SUMA”)

[2000] 1 Lloyd's Rep. 367

Shipbuilding contract - Exemption clause - Construction - Builders contracted to build three bulk carriers for buyers - Guarantee period expired - Allegations of defects in erection welding of vessels - Buyers claimed costs of repairing the welding and depreciated value of vessels - Whether liability excluded for defects arising after expiry of guarantee period - Whether losses claimed recoverable.

THE POST OFFICE AND OTHERS v. BRITISH WORLD AIRLINES LTD.

[2000] 1 Lloyd's Rep. 378

Carriage by air - Indemnity - Loss of cargo - Contract between plaintiffs and carrier for carriage of mail - Aircraft crashed and aircraft and mail cargo totally destroyed - Plaintiffs settled claims by cargo-owners - Whether plaintiffs could recover sums so paid from carrier - Whether plaintiffs could claim against carrier under Carriage by Air Acts (Application of Provisions) Order, 1967.

CARAVELLE INVESTMENTS LTD. v. MARTABAN LTD. AND KING & CO. (THE “CAPE DON”)

[2000] 1 Lloyd's Rep. 388

Sale of ship - Jurisdiction - Interlocutory injunction - Negotiations for sale - During negotiations plaintiff paid money to second defendant - Allegation that no contract for sale made - Plaintiff sought return of moneys - Whether claim “relating to” ownership of ship - Whether Court had jurisdiction to entertain claim - Whether plaintiff entitled to interlocutory injunction restraining second defendant from paying moneys over to first defendant - Australian Admiralty Act, 1988, s. 4(2)(a).

THE “OOCL BRAVERY”

[2000] 1 Lloyd's Rep. 394

Carriage by sea - Limitation of liability - Multi-modal bill of lading - Whether COGSA or CMR applicable - Limit of liability applicable - Whether plaintiffs entitled to summary judgment.

RANK ENTERPRISES LTD. AND OTHERS v. GERARD

[2000] 1 Lloyd's Rep. 403

Sale of ship - Guarantee - Norwegian Sale form - Clause 9 - Construction - Meaning of words “should any claims which have been incurred prior to time of delivery be made against the vessel” - Whether “claims made against the vessel” required commencement of proceedings in rem - Whether ownership claims within cl. 9 - Whether time limit in guarantee applied to date when claim made or date when loss sustained - Whether financial limits applied per claim or overall.

IRVANI v. IRVANI

[2000] 1 Lloyd's Rep. 412

Arbitration - Award - Validity - Enforcement - Agreement in 1995 to refer disputes to arbitration - Award made pursuant to agreement - Appeal against award on grounds that defendant not given proper occasion to state his case and arbitrator acted without proper impartiality, dismissed - Whether defendant received fair trial - Whether 1995 agreement enforceable - Whether plaintiff had capacity to contract - Whether enforcement of award should be refused because defendant unable to present his case in arbitration - Arbitration Act, 1975, s.5(2)(c).

MESSIER DOWTY LTD. AND ANOTHER v. SABENA S.A. AND OTHERS

[2000] 1 Lloyd's Rep. 428

Carriage by air - Jurisdiction - Negative declarations - Joinder of parties - Starboard landing gear of aircraft failed - Manufacturers of landing gear applied for declarations of non-liability - Whether Court had jurisdiction to grant negative declarations - Whether first defendants should have been joined in action - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 5.3, 6.

ALFRED McALPINE PLC v. BAI (RUN-OFF) LTD.

[2000] 1 Lloyd's Rep. 437

Insurance (Contractors) - Indemnity - Occurrence notification clause - Plaintiffs statutory assignee of insured - Plaintiffs claimed against insurers - Whether insured complied with requirements of notification clause - Whether notification clause a condition precedent to liability of insurers - Whether insurers entitled to repudiate insurance.

OCEAN CHEMICAL TRANSPORT INC. AND ANOTHER v. EXNOR CRAGGS LTD.

[2000] 1 Lloyd's Rep. 446

Contract - Construction - Limitation of time - Contract for supply of bunkers - Claimants alleged breach of implied term of quiet enjoyment - Whether claim time barred - Whether time bar clause incorporated in sale contract - Whether Unfair Contract Terms Act, 1977 precluded defendants from relying on time bar.

THE “NIASE” (Formerly “ERICA JACOB”)

[2000] 1 Lloyd's Rep. 455

Admiralty practice - Limitation of time - Collision - Construction - Vessel came into contact with terminal - Scope of word collision - Whether encompassed contact between vessel and another object whether fixed or moveable or only between vessel and another vessel - Whether claimants’ claim subject to statutory limitation.

UNIVERSAL BULK CARRIERS LTD. v. ANDRE ET CIE S.A.

[2000] 1 Lloyd's Rep. 459

Charter-party (Voyage) - Laycan - Construction - Status of term narrowing laycan spread - Whether an option or obligation - Whether compliance with clause a condition precedent - Whether charterers’ failure to nominate port breach of condition precedent to owners’ nomination of vessel - Whether charter-party repudiated.

INCO EUROPE LTD. AND OTHERS v. FIRST CHOICE DISTRIBUTION AND OTHERS

[2000] 1 Lloyd's Rep. 467

Arbitration - Leave to appeal - Section 9 - Jurisdiction - Disputes under contract to be referred to arbitration in Netherlands - Plaintiffs issued writ against defendants - Application for stay refused - Whether Court of Appeal had jurisdiction to entertain appeal - Supreme Court Act, 1981, s. 18 - Arbitration Act, 1996, s. 9.

ALUFLET S.A. v. VINAVE EMPRESA DE NAVEGAÇAO MARITIMA LDA. (THE “FAIAL”)

[2000] 1 Lloyd's Rep. 473

Admiralty practice - Arrest of vessel - Application to set aside - Vessel under bareboat charter sank alongside berth and became a wreck - Bareboat charter terminated - Owner claimed to be indemnified for costs of removal of wreck - Owner arrested defendant’s vessel - Whether arrested vessel a sister ship of chartered vessel - Whether arrest should be set aside - Supreme Court Act, 1981, s. 21(4).

SANGHI POLYESTERS LTD. (INDIA) v. THE INTERNATIONAL INVESTOR (KCFC) (KUWAIT)

[2000] 1 Lloyd's Rep. 480

Arbitration - Award -Leave to appeal - Contract to finance produce and export of polyester yarn - Disputes under agreement referred to arbitration - Award in favour of respondent - Applicant applied for leave to appeal - Allegations of serious irregularity - Arbitration Act, 1996, ss. 68, 69.

PETROTRADE INC. AND OTHERS v. SMITH AND OTHERS

[2000] 1 Lloyd's Rep. 486

Port agency - Vicarious liability - Constructive trust - Secret commission - Claim that second defendant in return for appointment as port agent for vessels nominated by claimant paid claimant’s former operation’s manager secret commission - Whether payments bribes - Whether second defendants vicariously liable for activities of their employees in making arrangements - Whether vicariously liable under Belgian law - Whether second defendants could be regarded as constructive trustees.

ADDAX LTD. v. ARCADIA PETROLEUM LTD. AND ANOTHER

[2000] 1 Lloyd's Rep. 493

Sale of goods (f.o.b.) - Late delivery - Calculation of damages - Sale of quantity of crude oil - Breach of condition that delivery to be during a certain period - Claimants entered into contracts for differences and then entered into futures contracts to protect their position - Claim by claimants for losses suffered - Calculation of damages.

AGROKOR A.G. v. TRADIGRAIN S.A.

[2000] 1 Lloyd's Rep. 497

Sale of goods (f.o.b.) - Repudiation - Prohibition clause - Construction - Sale of wheat f.o.b. Split or Rijeka - Sellers alleged prohibition of export - Sellers advised balance could not be shipped and then advised there would be no more shipments - Whether contracts repudiated - Whether repudiation accepted - Whether arbitration award should be remitted or set aside.

KYZUNA INVESTMENTS LTD. v. OCEAN MARINE MUTUAL INSURANCE ASSOCIATION (EUROPE)

[2000] 1 Lloyd's Rep. 505

Insurance (Marine) - Valued policy - Construction - Fire broke out on insured vessel and vessel a constructive total loss - Claimants claimed under policy - Defendants denied liability alleging misrepresentation and non-disclosure - Trial of preliminary issue ordered - Whether insurance effected on vessel an agreed valued policy - Marine Insurance Act, 1906, s. 27(2).

THE “SANGWON”

[2000] 1 Lloyd's Rep. 511

Admiralty practice - Action in rem - Writ - Application to set aside - Carriage of cargo from India to China - Cargo never delivered to China - Sister ship arrested - Whether sister ship and carrying vessel owned by same entity at time goods shipped - High Court (Admiralty Jurisdiction) Act, (Cap. 123).

NIPPON YUSEN KAISHA LTD. v. SCINDIA STEAM NAVIGATION CO. LTD. (THE “JALAGOURI”)

[2000] 1 Lloyd's Rep. 515

Charter-party (Time) - Delay - Detention - Off-hire - Damage to cargo by ingress of seawater - Vessel ordered off her discharging berth until security put up for costs of storing and removing damaged cargo from the port area - Whether owners or charterers to put up security - Whether vessel delayed or detained - Whether vessel off hire pending provision of security - Whether delay occasioned by act, omission or default of charterers.

AHMAD AL-NAIMI (T/A BUILDMASTER CONSTRUCTION SERVICES) v. ISLAMIC PRESS AGENCY INC.

[2000] 1 Lloyd's Rep. 522

Arbitration - Stay of action - Section 9 - Claimant entered into building contract with defendant - Disputes to be referred to arbitration - Claimant carried out further works - Claimant brought action alleging that further works carried out under oral contract which did not contain arbitration clause - Whether subject matter of action covered by arbitration agreement - Whether action should be stayed - Arbitration Act, 1996 s. 9.

“THE CHITRAL”

[2000] 1 Lloyd's Rep. 529

Bill of lading - Title to sue - Limitation of time - Carriage of goods from Bremen to Dubai - Two different sets of bills of lading issued - Damage to goods - Whether first and second claimants had title to sue - Whether claim by second claimants time barred.

FAST FERRIES ONE S.A. v. FERRIES AUSTRALIA PTY. LTD.

[2000] 1 Lloyd's Rep. 534

Shipbuilding contract - Termination - Effective contract - Express condition precedent - Contract for construction of catamaran - Finance company to approve finance terms - Claimants terminated negotiations - Defendants alleged breakdown caused by guarantor’s failure to comply with obligation to accept finance package put forward by finance company - Whether claimants entitled to return of moneys.

TRUK (U.K.) LTD. v. TOKMAKIDIS G.m.b.H. AND OTHERS

[2000] 1 Lloyd's Rep. 543

Contract - Rejection - Sale of goods - Agreement for sale of vehicle used for recovery of other vehicles - Terms as to delivery and time for payment - Allegation that vehicle did not comply with Iveco guidelines - Whether and when defendants rejected goods - Whether rejection valid - Whether defendants entitled to damages - Quantum.

MAMIDOIL-JETOIL GREEK PETROLEUM CO. S.A. v. OKTA CRUDE OIL REFINERY AD

[2000] 1 Lloyd's Rep. 554

Contract - Construction - Manipulation of crude oil - Agreement between claimant and refinery - Whether agreement obliged refinery to make exclusive use of claimant - Whether a minimum quantity stipulated in agreement - Whether on failure of parties to agree price for manipulation agreement discharged.

TRADING CORPORATION OF PAKISTAN v. INTER-CONTINENTAL OCEANIC ENTERPRISES CORPORATION AND OTHERS (THE “NITSA”) NATIONAL INSURANCE CORPORATION v. M/S MARITIME AGENCIES LTD. AND OTHERS (THE “SINODA”)

[2000] 1 Lloyd's Rep. 563

Bill of lading - Short delivery - Liability - Cargoes of oils carried to Karachi - Plaintiffs alleged cargo shortlanded - Identity of carrier of consignment - Whether consignment shortlanded - Whether carrier liable - Liability of ship’s agents.

DONOHUE v. ARMCO INC. AND OTHERS

[2000] 1 Lloyd's Rep. 579

Practice - Anti-suit injunction - Joinder of potential co-claimants - Application to set aside service of proceedings - Defendants sold insurance group to management buy-out - Negotiations conducted with claimant - Defendant alleged it had been victim of fraud - Defendant brought proceedings in New York - Claimant alleged New York proceedings vexatious and oppressive and in breach of exclusive English jurisdiction clause - Whether anti-suit injunction should be granted - Whether exclusive English jurisdiction clause applicable - Whether potential co-claimants should be joined in English proceedings for anti-suit injunction - Whether service out of jurisdiction should be set aside.

SEPOONG ENGINEERING CONSTRUCTION CO. LTD. v. FORMULA ONE MANAGEMENT LTD. (formerly FORMULA ONE ADMINISTRATION LTD.)

[2000] 1 Lloyd's Rep. 602

Contract - Variation - Letter of credit - Agreement to stage Grand Prix in Korea - Defendant undertook not to grant right to anyone other than claimant to stage Grand Prix in Korea - Obvious that Grand Prix would not be staged - Whether defendants varied contract by promising to revoke letter of credit or not to enforce it.

SHELL UK LTD. (T/A SHELL (UK) EXPLORATION & PRODUCTION) v. CLM ENGINEERING LTD. (formerly LAND & MARINE ENGINEERING LTD.) AND OTHERS

[2000] 1 Lloyd's Rep. 612

Insurance (Marine) - MAR form - Construction - Insurance provided in respect of Gannet Project - Claims under insurance - Whether pure economic loss covered - Whether s. 55, Marine Insurance Act, 1906 applicable.

SEA MELODY ENTERPRISES S.A. v. BULKTRANS (EUROPE) CORPORATION (THE “MERAK S”)

[2000] 1 Lloyd's Rep. 619

Admiralty practice - Arrest of vessel - Security for release - Breach of charter-party - Vessel arrested - Bank guarantee provided for release of vessel - Application to reduce amount of security and to ask for respondent to provide security on counterclaim - Whether Court had jurisdiction to grant such application - Whether securing of a counterclaim in proceedings before a foreign tribunal a condition that might be imposed by Courts - Admiralty Jurisdiction Regulation Act 105 of 1983, s. 5(3).

PRACTICE DIRECTION

[2000] 1 Lloyd's Rep. 626

THE “SELAT ARJUNA” AND “CONTSHIP SUCCESS”

[2000] 1 Lloyd's Rep. 627

Collision - Liability - Vessels initially on starboard to starboard courses - Collision in Arabian Sea off Yemen - Courses steered by vessels - Slow alteration of course by defendants’ vessel - “In sight” rules applicable - Use of ARPA radar system - Sidelights not complying with Collision Regulations - Whether crossing rules applied - Liability for collision - Apportionment of liability.

MERIT SHIPPING CO. INC. v. T.K. BOESEN A/S (THE “GOODPAL”)

[2000] 1 Lloyd's Rep. 638

Charter-party (Time) - Employment and agency clause - Discharge of cargo - Receivers at first port of discharge requested discharge of additional cargo - Owners agreed but only against letter of indemnity - Cargo shortlanded at second discharging port - Whether receivers acting as agent of charterers - Whether shortlanding at second discharge port due to act, neglect or default of owners.

MACIEO SHIPPING LTD. v. CLIPPER SHIPPING LINES LTD. (THE “CLIPPER SAO LUIS”)

[2000] 1 Lloyd's Rep. 645

Charter-party (Time) - Fire - Damage to cargo - Carriage of cargo of cotton and ferro-silicon - Fire caused by stevedores dropping lit cigarettes and/or matches - Liability for stowage - Whether terms that stevedores would not be careless and that charterers would employ competent stevedores should be implied - Whether stevedores competent - Whether vessel off hire - Whether vessel delayed by loading dangerous cargo in the form of ferro-silicon.

ROLLS ROYCE PLC AND ANOTHER v. HEAVYLIFT-VOLGA DNEPR LTD. AND ANOTHER

[2000] 1 Lloyd's Rep. 653

Carriage by air - Limitation of liability - Warsaw Convention - Aircraft chartered to carry engines - Engine damaged while being unloaded from plaintiff’s lorry using a ten-ton fork-lift truck - Whether engine in the charge of carriers - Whether accident occurred in aerodrome - Whether there was wilful misconduct or recklessness with knowledge that damage would probably result - Whether defendants could rely on Warsaw Convention to limit liability.

PIRELLI CABLES LTD. AND OTHERS v. UNITED THAI SHIPPING CORPORATION LTD. AND OTHERS

[2000] 1 Lloyd's Rep. 663

Practice - Concurrent writ - Application to set aside - Stay of action - Thailand jurisdiction clause - Damage to cargo - Claimants served concurrent writs on defendants - Allegation that concurrent writs a nullity because issued after expiry of original writ and no extension of validity of original writ sought - Whether concurrent writs and/or service should be set aside - Whether Thailand more appropriate forum for trial of action - Whether action should be stayed.

SINOCHEM INTERNATIONAL OIL (LONDON) CO. LTD. v. MOBIL SALES AND SUPPLY CORPORATION AND SINOCHEM INTERNATIONAL OIL CO. LTD. (THIRD PARTY)

[2000] 1 Lloyd's Rep. 670

Sale of goods (f.o.b.) - Jurisdiction clauses - Stay of action - Sellers sold quantity of crude oil to buyers - Price remained outstanding - Buyers entitled to set off sums allegedly due under contracts between buyers’ affiliates and sellers’ affiliates - Contracts contained Hong Kong and English law and jurisdiction clauses - Whether Hong Kong clause an exclusive jurisdiction clause - Whether Hong Kong more convenient forum - Whether English proceedings should be stayed - Whether third party notice could be served on sellers’ affiliates.

SINOCHEM INTERNATIONAL OIL (LONDON) CO. LTD. v. FORTUNE OIL CO. LTD.

[2000] 1 Lloyd's Rep. 682

Sale of goods - Contract - Oral agreement - Contract of sale of barrels of oil - Claim in respect of unpaid invoices - Application for appointment of arbitrator- Respondent denied agreement made on its behalf - Whether agreement made with respondent’s actual authority - Whether respondent estopped from denying that it was party to agreement by doctrine of ostensible authority - Whether respondent entitled to declaration that it was not party to alleged contract.

Lloyd's Law Reports