i-law.com

SELECT COMMODITIES LTD v VALDO SA (THE “FLORIDA”)

[2007] 1 Lloyd's Rep 1

Charter-party (Voyage) - Frustration - Vessel chartered for carriage of vegetable oil to Nigeria - Nigerian authorities banning importation of bulk vegetable oil into Nigeria - Whether charter-party frustrated - Liberties clause.

STERLING HYDRAULICS LTD v DICHTOMATIK LTD

[2007] 1 Lloyd's Rep 8

Sale of goods - Whether contract incorporated sellers’ standard terms and conditions - Effect of sellers’ exclusion or restriction of liability clauses - Whether clauses satisfied test of reasonableness - Unfair Contract Terms Act 1977.

TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC (THE “ACHILLEAS”)

[2007] 1 Lloyd's Rep 19

Charter-party (Time) - Redelivery - Vessel redelivered late - Measure of damages - Whether owners entitled to recover loss of profits under subsequent fixture.

OCEANOGRAFIA SA DE CV v DSND SUBSEA AS (THE “BOTNICA”)

[2007] 1 Lloyd's Rep 37

Arbitration - Jurisdiction - Parties orally agreeing terms of charter-party containing London arbitration clause - Contract to be “subject to the signing of mutually agreeable contract terms and conditions” - Contract terms and conditions signed by one party only - Whether agreement binding - Whether collateral condition precedent - Whether waiver by election - Whether estoppel by convention - Arbitration Act 1996, section 67.

ARCHITECTS OF WINE LTD v BARCLAYS BANK PLC

[2007] 1 Lloyd's Rep 55

Banking - Cheque - Conversion - Director of claimant company arranging for claimant’s cheques to be paid into account of associated company at defendant bank - Whether transactions validly authorised by director - Whether bank acted without negligence - Cheques Act 1957, section 4(1).

BULK TRADING SA v MOELLER

[2007] 1 Lloyd's Rep 61

Arbitration - Award challenged on ground that notice not given to respondent - Judge upheld complaint but made no costs order - Application to Court of Appeal for permission to appeal against costs order - Whether permission should be granted.

MARINA OFFSHORE PTE LTD v CHINA INSURANCE CO (SINGAPORE) PTE LTD

[2007] 1 Lloyd's Rep 66

Insurance (marine) - Whether loss caused by perils of the sea - Whether policy mixed time and voyage or just time - Whether vessel unseaworthy - Whether vessel sent to sea in unseaworthy condition with privity of assured - Marine Insurance Act 1906, sections 25 and 39.

OT AFRICA LINE LTD AND OTHERS v MAGIC SPORTSWEAR CORP AND OTHERS

[2007] 1 Lloyd's Rep 85

Conflict of laws - Forum non conveniens - Bill of lading conferring exclusive jurisdiction on High Court in London - Shippers bringing proceedings against carriers in Canada under section 46(1) of Canadian Maritime Liability Act - English courts granting carriers anti-suit injunctions - Carriers seeking stay of Canadian proceedings - Whether Canadian courts deprived by section 46(1) of discretion to grant stay - Whether Canadian courts should give weight to the exclusive jurisdiction clause and English judgments - Canada.

PREKONS INSAAT SANAYI AS v ROWLANDS CASTLE CONTRACTING GROUP LTD

[2007] 1 Lloyd's Rep 98

Arbitration - Stay of proceedings - Claim for sum owing under construction contract - Defendant asserting cross-claim under a separate contract governed by law of Turkey and containing arbitration clause - Whether claimant entitled to stay of defendant’s cross-claim - Whether cross-claim operated as defence to claim - Arbitration Act 1996, section 9.

ALMATRANS SA v THE STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD (THE “TUTOVA”)

[2007] 1 Lloyd's Rep 104

Letter of undertaking - P&I Club - Application to Italian court for arrest of vessel - Club issuing letter of undertaking - Judgment obtained by claimant - Whether judgment valid - Allegation of sharp practice against claimant - Misdescription of beneficiary of LOU - Whether implied term that claimant should inform Club of existence of proceedings - Whether claim under LOU should be permitted - Whether time-barred.

ABOU-RAHMAH V ABACHA

[2007] 1 Lloyd's Rep 115

Banking - Fraud perpetrated on claimants by third parties - Money paid into bank account by claimants on instruction of fraudsters for purported investments - Bank paying money into fraudsters’ account - Money misappropriated - Liability of bank - Whether bank guilty of knowing assistance - Money had and received - Defence of change of position.

ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND

[2007] 1 Lloyd's Rep 136

Arbitration - Apparent bias of QC umpire - Witness previously accused of fraud by umpire in earlier proceedings - Witness allowed to give evidence - No application to remove umpire - Subsequent challenge to award - Judge holding that apparent bias made out but waived - Whether judge’s decision a nullity - Whether judge in breach of European Convention on Human Rights - Arbitration Act 1996, sections 24, 68 and 73.

CGU INTERNATIONAL INSURANCE PLC v ASTRAZENECA INSURANCE CO LTD

[2007] 1 Lloyd's Rep 142

Arbitration - Court overturning award for error of law - Court refusing permission to appeal against decision - Whether Court of Appeal had jurisdiction to grant permission to appeal - Arbitration Act 1996, section 69 - European Convention on Human Rights, article 9.

KALLANG SHIPPING SA v AXA ASSURANCES SENEGAL (THE “KALLANG”)

[2007] 1 Lloyd's Rep 160

Anti-suit injunction - Vessel arrested in Senegal by defendants as security for claim under charter-party - Charter-party containing arbitration clause - Whether defendants attempting to use arrest to undermine arbitration clause.

FAIRFAX GERRARD HOLDINGS LTD v CAPITAL BANK PLC

[2007] 1 Lloyd's Rep 171

Sale of goods - Finance agreement - Claimant purchasing goods for customers and passing title on payment - Customer resold goods to third party - Whether obligation on customer to include reservation of title clause in sub-sale - Whether third party obtained title - Factors Act 1889, section 2 - Sale of Goods Act 1979, section 25.

OLAFSSON v GISSURARSON

[2007] 1 Lloyd's Rep 182

Conflict of laws - Service out of the jurisdiction - Service not complying with procedural rules in Finland - Whether English court had power to condone error - CPR 3.10 and 6.24.

OLAFSSON v GISSURARSON (NO 2)

[2007] 1 Lloyd's Rep 188

Conflict of laws - Service out of the jurisdiction - Service not complying with procedural rules in Finland - Whether English court had the power to dispense with service - CPR 6.9.

SVENSKA PETROLEUM EXPLORATION AB v GOVERNMENT OF THE REPUBLIC OF LITHUANIA (No 2)

[2007] 1 Lloyd's Rep 193

Arbitration - Sovereign immunity - Enforcement of foreign arbitration award against sovereign state - Claimant obtaining arbitration award against Lithuania in Denmark - Lithuania contesting jurisdiction of arbitrators - Whether Lithuania entitled to state immunity from enforcement of award - Arbitration Act 1996, section 103 - State Immunity Act 1978, sections 1, 2, 3 and 9.

TASARRUF MEVDUATI SIGORTA FONU v DEMIREL

[2007] 1 Lloyd's Rep 223

Conflict of laws - Claimant obtaining three judgments against defendant in Turkey - Claimant seeking permission to serve enforcement proceedings on defendant outside jurisdiction - Whether precondition for grant of permission that defendant possessed assets within the jurisdiction - Civil Procedure Rules 6.20(9) - Whether law under which judgment was obtained was a penal law.

A v B [2006] EWHC 2006 (Comm)

[2007] 1 Lloyd's Rep 237

Arbitration - Arbitration agreement governed by Swiss law and arbitration to be held in Geneva - Claimant alleging arbitration agreement void or voidable and seeking injunction against arbitrator and other parties - Whether English proceedings should be stayed - Whether order for service outside jurisdiction should be set aside - Arbitration Act 1996, section 9 - Lugano Convention, articles 1 and 2.

IFE FUND SA v GOLDMAN SACHS INTERNATIONAL

[2007] 1 Lloyd's Rep 264

Misrepresentation - Purchase by claimant of bonds to finance purchase of English company by French company - Bonds sold by defendants to claimants - English company’s financial position falsely presented in its accounts - Whether defendants liable for misrepresentation - Whether defendants owed a duty of care - Exclusion of duties - Misrepresentation Act 1967 - Unfair Contract Terms Act 1977.

SEA TRADE MARITIME CORPORATION v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE “ATHENA”) (No 2)

[2007] 1 Lloyd's Rep 280

Arbitration - Jurisdiction and error of law - P&I Association Rules - Arbitration clause contained in Rules - Whether arbitration clause incorporated into contract of insurance - Relevance of knowledge of brokers - Whether agreement contained exclusive jurisdiction clause - Arbitration Act 1996, sections 67 and 69.

ALBON v NAZA MOTOR TRADING SDN BHD

[2007] 1 Lloyd's Rep 297

Jurisdiction - Permission for service outside the jurisdiction - Claimant asserting that sums were owed to him in respect of overpayments under a UK Agreement and in respect of commission and expenses under a South African Agreement and an Expenses Agreement - Claims made in respect of contracts - Whether English court had jurisdiction to grant permission for service abroad in respect of restitutionary claim - Whether claimant guilty of non-disclosure when making without notice application for permission - CPR Part 6.20.

ASHTON INVESTMENTS LTD v OJSC RUSSIAN ALUMINIUM (RUSAL)

[2007] 1 Lloyd's Rep 311

Jurisdiction - Allegation that defendants had unlawfully accessed the claimant’s computer system in London - Service of claim form outside the jurisdiction - Test for grant of permission for service out - Jurisdiction of English courts over tort - Jurisdiction to grant injunction - CPR Part 6.20(2), (8).

BRIT SYNDICATES LTD v GRANT THORNTON INTERNATIONAL

[2007] 1 Lloyd's Rep 329

Insurance (professional indemnity) - Policy taken out by firm covering itself and all member firms - Policy insuring parent against claims made against a member firm insured under the policy - Member firm’s cover avoided for breach of duty of good faith - Whether firm itself still entitled to protection.

EDWINTON COMMERCIAL CORPORATION v TSAVLIRIS RUSS (WORLDWIDE SALVAGE & TOWAGE) LTD (THE “SEA ANGEL”)

[2007] 1 Lloyd's Rep 335

Charterparty (Time) - Salvage of grounded oil tanker by defendants under Lloyd’s Open Form - Defendants chartering vessel from claimants for transhipment - Whether charterparty frustrated by refusal of port authorities to issue “No Demand Certificate” allowing port clearance pending payment of oil spillage clean-up costs.

A v B (NO 2)

[2007] 1 Lloyd's Rep 358

Arbitration - Breach of agreement - Defendants bringing action in English courts despite existence of arbitration clause - Claimant obtaining stay - Whether claimants entitled to costs on indemnity basis - CPR Part 44.

SUMUKAN LTD v COMMONWEALTH SECRETARIAT (NO 2)

[2007] 1 Lloyd's Rep 370

Arbitration - Dispute between parties referred to tribunal established under defendant’s rules - Whether President of Tribunal validly appointed - Whether jurisdiction of President of Tribunal lapsing - Whether panel had appearance of bias - Arbitration Act 1996, sections 67 and 68.

FILM FINANCE INC v THE ROYAL BANK OF SCOTLAND

[2007] 1 Lloyd's Rep 382

Arbitration - Jurisdiction - Dispute as to scope of arbitration clause in completion guaranty securing financing for making of film - Reference to court for preliminary ruling - Arbitration Act 1996, section 32.

WEST TANKERS INC v RAS RIUNIONE ADRIATICA DI SICURTA SPA (THE “FRONT COMOR”)

[2007] 1 Lloyd's Rep 391

Arbitration - Anti-suit injunction - Proceedings commenced in Italy by insurers using subrogation rights - Contract between assured and defendant containing arbitration clause - Whether insurers could be restrained from bringing action in Italy in breach of arbitration clause - Reference to the European Court of Justice - Council Regulation 44/2001, article 1(2)(d).

DONEGAL INTERNATIONAL LTD v ZAMBIA

[2007] 1 Lloyd's Rep 397

Settlement agreement between Zambia and Romania - Benefit of agreement assigned by Romania to claimant - Zambia required to make 36 monthly payments under settlement agreement - English exclusive jurisdiction clause - Zambia waiving immunity - Whether settlement agreement valid by reason of excess of authority by agent or bribery of agent - Misrepresentation, mistake and illegality - Whether settlement agreement contained penalty clauses.

AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD v COMPAGNIE NOGA D’IMPORTATION ET D’EXPORTATION SA

[2007] 1 Lloyd's Rep 487

Settlement agreement - Allegation of fraud made against bank in proceedings against bank and other defendants - Settlement between bank and claimants on basis that allegations of fraud would not be repeated - Proper construction of settlement - Whether settlement contrary to public policy.

BARBADOS TRUST CO v BANK OF ZAMBIA

[2007] 1 Lloyd's Rep 495

Contract - Enforcement by third party - Claim for outstanding advances made to defendant - Advances made by trustee for claimant - Validity of declaration of trust - Whether declaration of trust prohibited by terms of advances - Validity of assignment to trustee - Whether third party beneficiary could bring action in its own name.

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY

[2007] 1 Lloyd's Rep 522

Arbitration - Application by claimant for enforcement of award obtained in Moscow - Defendant seeking order for security for costs - Whether court possessed jurisdiction to make order - Whether order should be made in discretion of court - Arbitration Act 1996, section 101 - CPR 25.12 and 62.

HALIFAX LIFE LTD v THE EQUITABLE LIFE ASSURANCE SOCIETY

[2007] 1 Lloyd's Rep 528

Expert determination - Umpire appointed to give expert determination on amount of premium to be paid under reinsurance agreement - Umpire required to give reasons - Whether reasons adequate - Appropriate remedy.

J H RITCHIE LTD v LLOYD LTD

[2007] 1 Lloyd's Rep 544

Sale of goods - Sale of combination seed drill and power harrow - Goods returned to sellers and found to be defective - Repairs effected by sellers - Buyers refused to take redelivery by reason of sellers’ failure to provide information as to defect - Whether buyers had right to reject - Sale of Goods Act 1979, sections 15B, 27 and 36.

AIC LTD v ITS TESTING SERVICES (UK) LTD (THE “KRITI PALM”)

[2007] 1 Lloyd's Rep 555

Contract - Sale of gasoline providing for independent inspection - Buyer entering into sub-sale with similar provision - Inspection company providing certificate stating “Fuel meets specification” - Doubts raised as to correctness of certificate - Inspection company standing by certificate - Buyer insisting that sub-buyer take delivery - Swiss courts subsequently holding certificate not correct - Whether inspection company in breach of contract and/or in breach of duty to buyer - Whether inspection company liable to buyer in deceit - Whether claims time-barred under Limitation Act 1980 - Whether inspection company deliberately concealed facts relevant to buyer’s right of action - Limitation Act 1980, section 32.

PETROMEC INC v PETROLEO BRASILIERO SA PETROBRAS AND ANOTHER

[2007] 1 Lloyd's Rep 629

Contract for provision of upgrading services to oil platform - Alleged misrepresentation as to payment terms by defendants - Tort of deceit - Whether representations false - Whether defendants aware of allegedly false statements - Whether claimant suffered any loss - Reliance.

TRAFIGURA BEHEER BV v KOOKMIN BANK CO (NO 2)

[2007] 1 Lloyd's Rep 669

Practice - Anti-suit injunction - Letter of credit - Issuing bank commencing proceedings against seller in Korea for alleged fraud and breach of duty - Seller bringing proceedings in England seeking declaration of non-liability - English court determining preliminary issue - Whether seller entitled to post-trial anti-suit injunction.

BOLS DISTILLERIES BV v SUPERIOR YACHT SERVICES LTD

[2007] 1 Lloyd's Rep 683

Jurisdiction - Claim brought in courts of Gibraltar against defendants domiciled in the Netherlands and in Poland - Whether parties agreed to refer disputes to Gibraltar courts - Council Regulation (EC) 44/2001, articles 2(1) and 23(1).

ELEKTRIM SA v VIVENDI UNIVERSAL SA

[2007] 1 Lloyd's Rep 693

Arbitration - Allegation that award obtained by concealment of relevant document - Whether award procured by fraud - Whether implied term that parties must do all things necessary for proper and expeditious conduct of arbitral proceedings - Arbitration Act 1996, sections 40, 41, 42 and 68(2)(g).

PARROTT v PARKIN (THE “UP YAWS”)

[2007] 1 Lloyd's Rep 719

Admiralty practice - Possession - Claim to sole legal and/or beneficial ownership of motor yacht - Whether motor yacht held on resulting or constructive trust for claimant - Declaration as to beneficial ownership.

Lloyd's Law Reports