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FERN COMPUTER CONSULTANCY LTD v INTERGRAPH CADWORX & ANALYSIS SOLUTIONS INC
[2015] 1 Lloyd's Rep. 1
Practice – Claim form – Service out of the jurisdiction – Commercial agent bringing claim against Texas principal under Commercial Agents (Council Directive) Regulations 1993 and for unpaid commission – Agency agreement containing Texas law and exclusive Texas jurisdiction clause – Whether claim based on Regulations a “claim made in respect of a contract governed by English law” or a “claim made in respect of a breach of contract committed within the jurisdiction” – Whether service of proceedings should be set aside – Civil Procedure Rules, Practice Direction 6B, paras (6)(c) and (7) – Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.
SAIPOL SA v INERCO TRADE SA
[2015] 1 Lloyd's Rep. 26
Sale of goods – Damages – Consequential losses – Arbitration – Appeal for error of law – Sale of Goods Act 1979, sections 53 and 54 – Arbitration Act 1996, section 69.
VERSLOOT DREDGING BV AND ANOTHER v HDI-GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE “DC MERWESTONE”)
[2015] 1 Lloyd's Rep. 32
Insurance (marine) – Fraudulent claim – Vessel totally lost – False statement made about operation of alarm – Whether statement fraudulent – Whether fraudulent means or device – Effect of fraud.
FONNSHIP A/S v SVENSKA TRANSPORTARBETAREFÖRBUNDET (THE "SAVA STAR")
[2015] 1 Lloyd's Rep. 61
European law – Principle of free movement of maritime transport services between member states of European Economic Area – Whether principle applicable where vessel providing services flew flag of third country – Industrial action taken in ports of member state in favour of third country nationals employed on vessel – Council Regulation (EEC) No 4055/86, article 1.
LORAND SHIPPING LTD v DAVOF TRADING (AFRICA) BV (THE MV "OCEAN GLORY")
[2015] 1 Lloyd's Rep. 67
Arbitration – Serious irregularity – Owners asking tribunal for "Interim Award on Demurrage" and that jurisdiction be reserved in respect of other claims – Tribunal proceeding to make final award dealing only with demurrage claim without reserving jurisdiction for other claims – Whether serious irregularity – Arbitration Act 1996, section 68.
MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE “LONGCHAMP”)
[2015] 1 Lloyd's Rep. 76
General average – Vessel seized by pirates in Gulf of Aden – Negotiations for payment of ransom – Whether expenses incurred by shipowner during period of negotiations allowable in general average – Whether cost of bunker consumption an “expense” – York-Antwerp Rules 1974, Rules A and F.
STANDARD CHARTERED BANK v DORCHESTER LNG (2) LTD (THE “ERIN SCHULTE”)
[2015] 1 Lloyd's Rep. 97
Carriage of goods by sea – Misdelivery – Title to sue – Whether confirming bank became lawful holder of bills of lading – Whether bank accepted delivery of indorsed bills – Meaning of “delivery” – Whether claim for money due under a letter of credit following presentation of conforming documents sounded in debt or damages – Whether transaction effected in pursuance of a contractual or other arrangement made before the bill of lading had become spent – Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a).
WARREN v DRUKKERIJ FLACH BV
[2015] 1 Lloyd's Rep. 111
Agency - Entitlement to compensation following termination of agency - Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053), Regulations 8 and 17.
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")
[2015] 1 Lloyd's Rep. 117
Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Whether claim lost by reason of failure to provide security - Duty to sue and labour - Whether costs recoverable - Institute War and Strikes Clauses Hull 1/10/83.
CRUZ CITY 1 MAURITIUS HOLDINGS v UNITECH LTD AND OTHERS
[2015] 1 Lloyd's Rep. 191
Arbitration – Freezing order – Jurisdiction of court to make order against subsidiaries of award debtor (Chabra jurisdiction) – Arbitration Act 1996, section 44 – Civil Procedure Rules, rule 62.5 – Civil Procedure Rules, Practice Direction 6B, para 3.1(3) – Brussels Regulation, Council Regulation 44/2001/EC, article 24.
HANDYTANKERS KS v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M/V “ALAS” AND OTHER VESSELS
[2015] 1 Lloyd's Rep. 211
Admiralty jurisdiction – Plaintiff owners obtaining London arbitration award for damages and unpaid hire following charterers’ breach of time charter – Plaintiffs arresting different vessel in Hong Kong on basis of claim for damages and unpaid hire under same time charter – Whether in rem jurisdiction properly invoked.
LAKATAMIA SHIPPING CO LTD AND OTHERS v NOBU SU/HSIN CHI SU (aka SU HSIN CHI; aka NOBU MORIMOTO) AND OTHERS
[2015] 1 Lloyd's Rep. 216
Sale of goods – Forward Freight Agreements – Transfer of FFA position for one-month period – Seller failing to buy back FFAs on agreed date – Identity of parties to contract – Measure of loss sustained by buyer – Whether buyer limited to recovering difference between contract and market value – Whether loss affected by novation agreements – Sale of Goods Act 1979, section 50(3).
BANK OF TOKYO-MITSUBISHI UFJ LTD v OWNERS OF THE MV SANKO MINERAL (THE “SANKO MINERAL”)
[2015] 1 Lloyd's Rep. 247
Admiralty Practice – Foreign insolvency proceedings – Vessel sold by order of court – Cargo owners asserting maritime lien and issuing caution against release of proceeds of sale – Whether caution should be struck out – Senior Courts Act 1981, section 21(4).
CARESSE NAVIGATION LTD v ZURICH ASSURANCES MAROC AND OTHERS (THE “CHANNEL RANGER”)
[2015] 1 Lloyd's Rep. 256
Practice – Anti-suit injunction – Cargo interests bringing proceedings against shipowner in Morocco under bill of lading – Whether bill of lading incorporating “Law and Arbitration clause” of charterparty had effect to incorporate English law and jurisdiction clause – Whether anti-suit injunction should have been granted.
GOLDEN ENDURANCE SHIPPING SA v RMA WATANYA SA AND OTHERS (THE “GOLDEN ENDURANCE”)
[2015] 1 Lloyd's Rep. 266
Practice – Service out of jurisdiction – Cargo interests bringing cargo claims in Morocco under three bills of lading – Shipowner bringing London arbitration and court proceedings in England – Whether bill of lading incorporated charterparty law and arbitration clause – Whether bills of lading governed by English law – Whether service should be set aside – Whether claimant entitled to anti-suit injunction in favour of London arbitration – Whether claimant entitled to anti-suit injunction in favour of English court proceedings.
STENA BULK AB v COPLEY AND OTHERS
[2015] 1 Lloyd's Rep. 280
Admiralty practice - Stakeholders - Bunker suppliers becoming insolvent - Ship operators facing competing claims for price of bunkers supplied - Whether ship operators entitled to rely on "Stakeholders" rule to pay money into court to secure claims and prevent vessels being arrested - CPR Part 86.
ZHOUSHAN JINHAIWAN SHIPYARD CO LTD v GOLDEN EXQUISITE INC AND OTHERS
[2015] 1 Lloyd's Rep. 283
Contract - Shipbuilding contract - Buyer cancelling contract on ground of excessive delay by shipbuilder in delivering vessel - Whether cancellation wrongful - Whether relevant part of delay caused by buyer's own breach of contract - Whether buyer entitled to interest on sums refunded.
COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD
[2015] 1 Lloyd's Rep. 301
Carriage of goods by sea – Bills of lading containing English jurisdiction clause – Whether clause providing for exclusive jurisdiction – Whether claimant entitled to permanent anti-suit injunction and damages in respect of proceedings brought by defendant in China.
HBC HAMBURG BULK CARRIERS GMBH & CO KG v HUYTON INC (THE “GLORY SANYE”)
[2015] 1 Lloyd's Rep. 310
Charterparty (Voyage) – Addendum – Disponent owners chartering vessel for single voyage – Vessel unable to discharge cargo because of absence of receivers – Parties agreeing addendum substituting different discharge port – Charterers agreeing to indemnify disponent owners against losses and expenses arising from charterers’ failure to discharge cargo – Whether charterers bound to indemnify disponent owners in respect of costs incurred in transiting Suez Canal.
MAESTRO BULK LTD v COSCO BULK CARRIER CO LTD (THE "GREAT CREATION")
[2015] 1 Lloyd's Rep. 315
Charterparty (Time) - Notice of redelivery - Charterers redelivering vessel with insufficient notice - Measure of damages.
MONDE PETROLEUM SA v WESTERNZAGROS LTD
[2015] 1 Lloyd's Rep. 330
Arbitration – Jurisdiction – Agreement containing arbitration clause superseded by settlement agreement containing jurisdiction clause – Whether arbitration clause overridden by jurisdiction clause – Separability – Security for costs – Arbitration Act 1996, sections 7 and 67 – Civil Procedure Rules, rule 25.13.
TOYOTA TSUSHO SUGAR TRADING LTD v PROLAT SRL
[2015] 1 Lloyd's Rep. 344
Arbitration – Jurisdiction of tribunal – Application for declaration as to jurisdiction – Applicable law – Validity of arbitration clause – Arbitration Act 1996, sections 5 and 32 – Brussels Regulation, Council Regulation 44/2001/EC – Rome I Regulation, Council Regulation 583/2008/EC, articles 3, 4 and 10.
CAMPBELL v THOMAS COOK TOUR OPERATIONS LTD
[2015] 1 Lloyd's Rep. 353
Aviation – Disability discrimination – Discrimination at an airport outside the EU – Whether application of Equality Act 2010 precluded by European Parliament and Council Regulation 1107/2006/EC.
MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT
[2015] 1 Lloyd's Rep. 359
Carriage of goods by sea – Container demurrage – Consignee not collecting containerised goods from discharge port – Containers remaining at discharge port more than three years after discharge – Carrier claiming container demurrage from shipper – Whether carrier required to nominate place for redelivery – Whether carrier under duty to mitigate – Whether carrier had legitimate interest in keeping contracts of carriage in force after unaccepted repudiatory breach by shipper.
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD; CHINA NATIONAL CHARTERING CO LTD v DAIICHI CHUO KISEN KAISHA (THE "OCEAN VICTORY")
[2015] 1 Lloyd's Rep. 381
Charterparty (Time) – Safe port warranty – Port taking precautions against existing dangers – Whether safe as a result – Negligent navigation – Bareboat charterparty – Whether demise charterers liable to ship owners for breach of safe port warranty – Insurance – Assignment – Subrogation – Barecon 89 Standard Bareboat Charter.
ASTON FFI (SUISSE) SA v LOUIS DREYFUS COMMODITIES SUISSE SA
[2015] 1 Lloyd's Rep. 413
Sale of goods (fob) – Buyer rejecting cargo of milling wheat in bulk – Whether buyer entitled to reject goods – Whether buyer's nomination of superintending surveyor contractually compliant – Whether buyer entitled to reject goods in absence of contractually compliant quality certificate – GAFTA forms 49, 124 and 125.
MALICORP LTD v GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT AND OTHERS
[2015] 1 Lloyd's Rep. 423
Arbitration – Award – Enforcement – Whether award should be enforced after being set aside by curial court – Effect of award given on basis not argued by the parties – Arbitration Act 1996, section 103(2).
NAVIG8 INC v SOUTH VIGOUR SHIPPING INC AND OTHERS
[2015] 1 Lloyd's Rep. 436
Charterparty (Time) – Identity of parties – Charterers contending that counterparty was registered owner of vessel – Registered owner denying it was a party – Charter fixed by company managing vessel for demise charterers – Owners described in charter as “disponent owners” – Whether expression “disponent owners” capable of referring to managers – Whether managers had authority to act on behalf of registered owners – Whether managers in breach of implied warranty of authority.
SWISSMARINE SERVICES SA v GUPTA COAL INDIA PRIVATE LTD
[2015] 1 Lloyd's Rep. 456
Charterparty – Contract of affreightment – Damages – Charterer failing to nominate shipments – Owner accepting charterer's conduct as wrongful repudiation – Owner bringing proceedings in England claiming damages – Charterer bringing proceedings in India in breach of English jurisdiction clause – Measure of damages recoverable by owner.
TRANSGRAIN SHIPPING BV v DEIULEMAR SHIPPING SPA (IN LIQUIDATION) AND ANOTHER (THE “ELENI P”)
[2015] 1 Lloyd's Rep. 461
Arbitration – Jurisdiction – Charterparty containing inconsistent arbitration provisions – Composition of tribunal – Whether tribunal lacked jurisdiction to rule on appointment of arbitrators.
KASSIOPI MARITIME CO LTD v FAL SHIPPING CO LTD (THE “ADVENTURE”)
[2015] 1 Lloyd's Rep. 473
Demurrage – Time-bar – Charterparty providing that demurrage claim should be presented with all supporting documentation within 90 days of completion of discharge – Whether claim time-barred – BPVOY4 form, clauses 19.7 and 20.
PCL AND OTHERS v REGIONAL GOVERNMENT OF X
[2015] 1 Lloyd's Rep. 483
Arbitration – Peremptory order – Application for enforcement – Service of application outside the jurisdiction – Arbitration Act 1996, section 42 – State Immunity Act 1978, sections 12 and 14 – Civil Procedure Rules, Parts 11 and 62.
SECRETARY OF STATE FOR THE HOME DEPARTMENT v RAYTHEON SYSTEMS LTD (NO 2)
[2015] 1 Lloyd's Rep. 493
Arbitration – Finding of serious irregularity – Appropriate remedy – Setting aside or remitting award – Whether arbitrators should be replaced – Costs – Arbitration Act 1996, sections 68(2)(d) and 68(3).
SHAGANG SOUTH-ASIA (HONG KONG) TRADING CO LTD v DAEWOO LOGISTICS
[2015] 1 Lloyd's Rep. 504
Arbitration – Jurisdiction – Validity of appointment of arbitrator – Parties agreeing that arbitration was to be held in Hong Kong with English law to be applied – Contract incorporating English law and arbitration clause – Whether parties had agreed for Hong Kong or English law as curial law – Validity of appointment of arbitrator – Arbitration Act 1996, sections 15, 16 and 18.
SIERRA FISHING CO AND OTHERS v FARRAN AND OTHERS
[2015] 1 Lloyd's Rep. 514
Arbitration – Application for removal of arbitrator – Justifiable doubts as to impartiality of arbitrator – Whether claimants had lost right to object – Arbitration Act 1996, sections 24(1)(a) and 73.
TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE “VALLE DI CORDOBA”)
[2015] 1 Lloyd's Rep. 529
Charterparty (Voyage) – Vessel carrying cargo of premium motor spirit from Abidjan to Lagos – Vessel seized by pirates off Benin – Pirates transferring cargo from vessel – Whether transferred cargo constituted “in-transit loss” – Whether owners strictly liable for lost cargo – BPVOY3 form.
CARLOS SOTO SAU AND ANOTHER v AP MOLLER-MAERSK AS (THE “SFL HAWK”)
[2015] 1 Lloyd's Rep. 537
Carriage of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as unfit for human consumption – Bill of lading holder claiming damages against carrier for breach of contract of carriage – Whether bill of lading holder was owner of goods – Whether property passed on transfer of bill of lading – Whether bill of lading holder entitled to rely on “buyer in possession” exception to nemo dat quod non habet rule – Whether carrier's breach caused claimants' loss – Sale of Goods Act 1979, section 25.
INTEGRAL PETROLEUM SA v SCU-FINANZ AG
[2015] 1 Lloyd's Rep. 545
Conflict of laws – Oil trading agreement – Appeal against order setting aside a judgment in default – Characterisation – Choice of law – Formal validity – Rome I Regulation, articles 1(2) and 11 – Companies Act 2006, section 44 – Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009 No 1917 – CPR Part 13.
SECURE CAPITAL SA v CREDIT SUISSE AG
[2015] 1 Lloyd's Rep. 556
Conflicts of law – Applicable law – Contract – Right of action under Notes – Party entitled to action under Luxembourg law – Notes governed by English law – Characterisation of claim.
SHIPOWNERS' MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE "YUSUF CEPNIOGLU")
[2015] 1 Lloyd's Rep. 567
Practice - Service out of jurisdiction - Anti-suit injunction - Charterers bringing direct action claim against owners - P&I Club in Turkey following grounding of vessel - Club cover providing for London arbitration - Whether court had jurisdiction to grant anti-suit injunction - Whether Turkish proceedings vexatious and oppressive - Whether injunction should be continued - Civil Procedure Rules, Practice Direction 6B, para 3.1(6)(c).
STEMCOR UK LTD v GLOBAL STEEL HOLDINGS LTD AND ANOTHER
[2015] 1 Lloyd's Rep. 580
Guarantee – Stay of judicial proceedings – Arbitration proceedings between principal debtor and creditor – Application for summary judgment by creditor against guarantor – Whether proceedings should be stayed pending outcome of arbitration.
FISH & FISH LTD v SEA SHEPHERD UK AND OTHERS (THE “STEVE IRWIN”)
[2015] 1 Lloyd's Rep. 593
Tort – Accessory liability – Marine conservation charity alleged to have used vessel to attack claimant's bluefin tuna cages – Claimant suing UK charity, US charity and master of attacking vessel – Whether UK charity liable as joint tortfeasor – Whether attack carried out pursuant to common design involving UK charity.
GAZPROM OAO
[2015] 1 Lloyd's Rep. 610
Arbitration – New York Convention 1958 – Anti-suit injunction granted by arbitrators – Whether award to be recognised and enforced in EU courts – Effect of grant of anti-suit injunction by EU court – Whether court injunction to be recognised and enforced in other EU courts – Brussels Regulation, European Council Regulation 44/2001/EC – Brussels Regulation Recast, European Regulation 1215/2012/EU.
VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA (TRADING AS “CSAV”)
[2015] 1 Lloyd's Rep. 639
Carriage of goods by sea – Consignments of bagged coffee beans in containers carried on LCL/FCL terms – Cargo found to be damaged by condensation – Temporal scope of Hague Rules – Burden of proof – Whether damage inevitable – Whether carrier failed properly and carefully to load and carry the goods – Hague Rules, articles I(e) and III(2).
SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE M/V “BRILLANTE VIRTUOSO”)
[2015] 1 Lloyd's Rep. 651
Insurance (marine) – Meaning of constructive total loss – Measure of indemnity for partial loss – Loss of hire – Suing and labouring – Marine Insurance Act 1906, sections 16, 27(2), 60, 69 and 78.
Y v S
[2015] 1 Lloyd's Rep. 703
Arbitration – Enforcement of arbitration award – Arbitration Act 1996, sections 1, 66 and 67 – CPR 62.18.