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PIERMAY SHIPPING CO. S.A. AND BRANDT'S LTD. v. CHESTER (THE "MICHAEL")

[1979] 2 Lloyd's Rep 1

Insurance (Marine) - Scuttling - Total loss of vessel - Owners claimed for loss by perils of the seas - Whether claim fraudulent - Claim for loss by barratry - Whether vessel deliberately sunk with knowledge and privity of owners.

LIMAKO B.V. v. H. HENTZ & CO. INC.

[1979] 2 Lloyd's Rep 23

Agency - Sale of goods - Call options for cocoa futures exercised by brokers in favour of clients - Whether broker acting as agent or principal when dealing with clients.

MANIFATTURE TESSILE LANIERA WOOLTEX v. J.B. ASHLEY LTD.

[1979] 2 Lloyd's Rep 28

Sale of goods - Defective goods - Rejection - Delay - Whether delay unreasonable - Sale of Goods Act, 1893, ss. 34, 35 and 56.

SABLE CONTRACTORS LTD. v. BLUETT SHIPPING LTD.

[1979] 2 Lloyd's Rep 33

Practice - Contract - Damages - Counterclaim - Builders submitted invoices for amounts due under contracts - Defendants set up counterclaims - Whether leave to defend should be given - R.S.C., O.14.

THE "BULKNES"

[1979] 2 Lloyd's Rep 39

Carriage by sea - Damage to cargo - Hatch lid opened in gale - Sea water entered - Whether defendants could rely on Hague Rules, art. IV, r. 2.

AFROMAR INC. v. GREEK ATLANTIC COD FISHING CO. (THE "PENELOPE II")

[1979] 2 Lloyd's Rep 42

Admiralty practice - Limitation of liability - Bill of lading - Damage to cargo - Whether plaintiffs entitled to decree of limitation notwithstanding only one claim made or apprehended.

THE "YASIN"

[1979] 2 Lloyd's Rep 45

Insurance (Marine) - Subrogation - Bill of lading - Total loss of vessel and cargo - Receivers paid under policy - Whether vessel unseaworthy at beginning of voyage - Whether shipowners in breach of duty - Whether insurers of cargo could bring action against shipowners - Whether cargo-owners entitled to damages.

AVIMEX S.A. v. DEWULF & CIE

[1979] 2 Lloyd's Rep 57

Sale of goods (c.i.f.) - Non delivery - Prohibition - Force majeure - Sellers passed on force majeure notices to buyers - Whether buyers waived defect in sellers' notices - Whether shipment prevented during extension period - Whether buyers entitled to damages - Date upon which damages to be assessed-GAFTA 100.

CEREALMANGIMI S.p.A. v. TOEPFER (THE "EUROMETAL")

[1979] 2 Lloyd's Rep 72

Sale of goods (c.i.f.) - Non-acceptance - Arbitration - Cargo infested - Award in favour of sellers - Whether application for order directing Board of Appeal to state special case should be granted - GAFTA 61 - Arbitration Act, 1950, s. 21(1).

ROLFE LUBBELL & CO. v. KEITH AND GREENWOOD

[1979] 2 Lloyd's Rep 75

Bill of exchange - Notice of dishonour - Bills drawn in favour of plaintiffs and accepted by company - Bills indorsed on back by defendants - Whether bills indorsed by defendants in personal capacity - Whether defendants personally liable - Bills of Exchange Act, 1882, s. 26 (1), (2).

WESTCOAST FOOD BROKERS LTD. AND OTHERS v. THE SHIP "HOYANGER" AND WESTFALLARSEN & CO. A/S (THE "HOYANGER")

[1979] 2 Lloyd's Rep 79

Bill of lading - Perishable goods - Cargo arrived damaged - Carriers' liability - Defence of inherent defect - Presumed knowledge of expert - Hague Rules, arts. III and IV 2(m) - Canada.

PRACTICE DIRECTION

[1979] 2 Lloyd's Rep 90

Petitions for leave to appeal.

LEPPARD v. EXCESS INSURANCE CO. LTD.

[1979] 2 Lloyd's Rep 91

Insurance (Fire) - Measure of damages - Indemnity - Reinstatement - Cottage destroyed by fire - Whether plaintiffs entitled to cost of reinstatement or amount of loss actually suffered.

TOPRAK MAHSULLERI OFISI v. FINAGRAIN COMPAGNIE COMMERCIALE AGRICOLE ET FINANCIERE S.A.

[1979] 2 Lloyd's Rep 98

Sale of goods (c. & f.) - Non-performance - Letter of credit - Buyers failed to get permission to open letter of credit - Whether contract illegal or impossible of performance - Date of default - Quantity on which damages to be based - Whether sellers entitled to damages for cancellation of charter-party - GAFTA 27 and 30.

GEBR VAN WEELDE SCHEEPVAART KANTOOR B.V. v. HOMERIC MARINE SERVICES LTD. (THE "AGRABELE")

[1979] 2 Lloyd's Rep 117

Practice - Mareva injunction - Charter-party - Whether owners entitled to injunction where charterers resident within jurisdiction - Whether payment into Court of amount in dispute could be ordered - Judicature Act, 1925, s. 45 - Arbitration Act, 1950, s. 12(6)(f) -Arbitration Act, 1975, s. 1.

ETS SOULES & CIE v. INTERNATIONAL TRADE DEVELOPMENT CO. LTD.

[1979] 2 Lloyd's Rep 122

Sale of goods (c. & f.) - Letter of credit - Appointment of arbitrator - Waiver - Whether letter of credit amended contract - Whether buyers waived right to certificate by official laboratory - Whether arbitrator appointed within time limit - Whether extension of time should be granted - Arbitration Act, 1950, s. 27 - GAFTA 30, 125.

WALKER v. PENNINE INSURANCE CO. LTD.

[1979] 2 Lloyd's Rep 139

Insurance (Motor) - Indemnity - Personal injury - Passenger in plaintiff's car injured in collision - Insurers denied liability because plaintiff in breach of policy conditions - Passenger obtained judgment in default - Whether plaintiff entitled to be indemnified by insurers,

SIEBE GORMAN & CO. LTD. v. BARCLAYS BANK LTD. SAME v. R. H. McDONALD LTD. AND BARCLAYS BANK LTD.

[1979] 2 Lloyd's Rep 142

Banking - Bill of exchange - Book debts - Debenture executed by company in favour of bank - Bills of exchange assigned to third party - Whether bank had priority over proceeds of bills - Whether bank had a lien over bills - Whether charge on book debts in debenture a first fixed charge upon the bills.

BORDEN (U.K.) LTD. v. SCOTTISH TIMBER PRODUCTS LTD. AND McNICOL BROWNLIE

[1979] 2 Lloyd's Rep 168

Sale of goods - Conditions - Passing of property - Tracing - Whether suppliers had title at common law - Whether right to trace void against creditors - Companies Act, 1948, s. 95.

GENERAL ELECTRIC COMPANY v. M.V. "LADY SOPHIE" ET AL.

[1979] 2 Lloyd's Rep 173

Bill of Lading - Limitation of liability - Whether plaintiffs afforded a fair opportunity to increase limit - Hague Rules - United States.

PRACTICE DIRECTION

[1979] 2 Lloyd's Rep 177

Petitions for leave to appeal (criminal).

CARRAS SHIPPING CO. LTD. v. THE FOOD CORPORATION OF INDIA SAME v. SAME (THE "DELIAN LETO" and "DELIAN SPIRIT")

[1979] 2 Lloyd's Rep 179

Arbitration-Arbitrator-Appointment-Centrocon arbitration clause-Dispute between disponent owners and charterers-Arbitrator appointed on behalf of registered owners-Whether appointment valid where claim made by disponent owners- Whether appointment made within time limit.

THIRD CHANDRIS SHIPPING CORPORATION WESTERN SEALANE CORPORATION AND AGGELIKAI PTERA COMPANIA MARITIMA S.A. v. UNIMARINE S.A. (THE "GENIE", "PYTHIA" AND "ANGELIC WINGS")

[1979] 2 Lloyd's Rep 184

Practice - Mareva injunction - Charter-party - Charterers restrained from removing assets out of the jurisdiction - Whether injunction should be granted without proof of assets - Whether application to discharge injunctions should be granted - New York Produce Exchange form.

HARKER v. CALEDONIAN INSURANCE CO.

[1979] 2 Lloyd's Rep 193

Insurance (Motor) - Limitation of liability - Construction of ordinance - Personal injuries Motor accident occurred in British Honduras - Whether insurers entitled to limit liability under policy - British Honduras Motor Vehicles Insurance (Third Party Risks) Ordinance, 1958, ss. 4, 20.

PATERSON v. COSTAIN & PRESS (OVERSEAS) LTD. AND OTHERS

[1979] 2 Lloyd's Rep 204

Insurance (Employers' Liability)-Personal injury- Policy covering building contractor in respect of liability for personal injury suffered by employee in course of employment-Employee employed at Contractor's site-Employee returning from local leave and travelling in employer's vehicle-Vehicle involved in accident and employee injured- Whether accident occurred "in course of employment".

WOOLCOTT v. EXCESS INSURANCE CO. LTD. AND MILES SMITH ANDERSON AND GAME LTD. (No. 2)

[1979] 2 Lloyd's Rep 210

Insurance (Fire) - Non-disclosure - Insurance brokers - Plaintiff did not disclose previous convictions to insure - Property destroyed by fire - Whether non-disclosures material - Whether brokers aware of plaintiff's criminal record - Whether insure could avoid policy - Whether insurers entitled to an indemnity from brokers.

BREMER HANDELSGESELLSCHAFT m.b.H. v. J. H. RAYNER & CO. LTD.

[1979] 2 Lloyd's Rep 216

Sale of goods (f.o.b.) - Nomination of vessel - Sellers rejected nominations - Buyers called for extension of time for loading - Whether GAFTA 64, cl. 7 applicable - Whether sellers repudiated contract - GAFTA 64, Anec f.o.b. contract.

OZALID GROUP (EXPORT) LTD. v. AFRICAN CONTINENTAL BANK LTD.

[1979] 2 Lloyd's Rep 231

Banking - Letter of credit - Delay in payment - Foreign currency - Plaintiff suffered loss in obtaining payment - Whether loss recoverable - Currency of contract U.S. dollars - Whether plaintiff could claim loss in sterling - Rate of exchange applicable.

NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD. v. HAYDEN

[1979] 2 Lloyd's Rep 235

Insurance (Professional indemnity)-Exclusion clause-Double insurance-Contribution- Whether plaintiff's entitled to contribution from defendants-Whether exclusion clauses in policies applied.

ATLANTIC UNDERWRITING AGENCIES LTD. AND DAVID GALE (UNDERWRITING) LTD. v. COMPAGNIA DI ASSICURAZIONE DI MILANO S.P.A.

[1979] 2 Lloyd's Rep 240

Conflict of laws-Proper law-Alleged agency agreement-Revocation of agreement-Whether agreement governed by English law-Whether breach of agreement committed within the jurisdiction-Whether application to set aside service of notice of writ should be granted- R.S.C., O. 11.

PETER LIND AND CO. LTD. v. CONSTABLE HART AND CO. LTD.

[1979] 2 Lloyd's Rep 248

Practice - Arbitration - Special case - Disputes between main contractors and sub-contractors referred to arbitration - Arbitrators stated special case on issue of construction - Main contractors requested special case on issue of repudiation - Whether application for order that arbitrator should state his award in the form of a special case should be granted - Arbitration Act, 1950, s. 21 (1).

GENERAL PRODUCE CO. v. UNITED BANK LTD.

[1979] 2 Lloyd's Rep 255

Banking - Guarantee - Letter of lien - Plaintiff furnished deposit as security for defendants' loan to third party - Defendants' rights transferred to another bank - Whether plaintiffs entitled to return of deposit - Construction of letter of lien.

DAME RITA HILDEGARD ARANKA LUDECKE v. CANADIAN PACIFIC AIRLINES LTD.

[1979] 2 Lloyd's Rep 260

Carriage by air - Limitation of liability - Crash of aircraft at Tokyo - Passenger killed - Whether airline entitled to limit liability for death and loss of baggage - Statement that carriage subject to rules - Whether legible - Warsaw Convention and Hague Protocol arts. 3, 4 - Canada.

ANTCO SHIPPING LTD. v. SEABRIDGE SHIPPING LTD. (THE "FURNESS BRIDGE") (No. 2)

[1979] 2 Lloyd's Rep 267

Arbitration - Special case - Damages - Charterers found liable - Arbitrators agreed to state special case if charterers made payment into joint account - Whether arbitrators had jurisdiction to make conditional order - Arbitration Act, 1950, ss. 21 (1), 28.

SANKO STEAMSHIP CO. LTD. v. TRADAX EXPORT S.A.

[1979] 2 Lloyd's Rep 273

Practice - Arbitration - Limitation of time - Time for commencement of arbitration proceedings expired - Summons for extension of time dismissed - Whether Judge had exercised discretion properly - Arbitration Act, 1950, s. 27.

HISPANO AMERICANA MERCANTIL S.A. v. CENTRAL BANK OF NIGERIA

[1979] 2 Lloyd's Rep 277

Practice-Injunction-Sovereign immunity-Letter of credit-Bank failed to honour letter of credit- Whether bank could claim sovereign immunity- Whether injunction should the continued-United States Foreign Sovereign Immunities Act, 1976- State Immunity Act, 1978.

CAST SHIPPING LTD. v. TRADAX EXPORT S.A. (THE "HELLAS IN ETERNITY")

[1979] 2 Lloyd's Rep 280

Practice - Limitation of time - Arbitration - Charter-party dispute - Substantial delay in appointing arbitrator - Whether application for extension of time should be granted - Whether Judge exercised his discretion properly - Arbitration Act, 1950, s. 27.

THONI G.m.b.H. & CO. K.G. v. R.T.P. EQUIPMENT LTD.

[1979] 2 Lloyd's Rep 282

Bill of exchange-Sale of goods-Bill dishonoured- Summary judgment granted-Whether failure of consideration-Whether defendants had an arguable case-Whether application for stay of execution ought to be granted.

THE "VISHVA PRABHA"

[1979] 2 Lloyd's Rep 286

Conflict of laws-Stay of proceeding-Damage to cargo-Whether shipowners had defence to claim-Whether dispute should be submitted to Indian Court-Whether action should be stayed.

BULK TRANSPORT CORPORATION v. SISSY STEAMSHIP CO. LTD. SAME v. IFLED SHIPPING CORPORATION (THE "ARCHIPELAGOS" AND "DELFI")

[1979] 2 Lloyd's Rep 289

Practice-Arbitration-Award-Motion to set aside or remit award-Whether motion made within six weeks after award "made and published"- Whether extension of time should be granted- Whether good arguable case-R.S.C., O. 73, r. 5.

WARINCO A.G. v. ANDRE & CIE S.A.

[1979] 2 Lloyd's Rep 298

Arbitration - Award - Remission - Technical misconduct by arbitrators - Arbitrators failed to award interest and to award sellers cost of proceeding - Whether award should be remitted.

FINNEY LOCK SEEDS LTD. v. GEORGE MITCHELL (CHESTERHALL) LTD.

[1979] 2 Lloyd's Rep 301

Arbitration-Award-Technical misconduct-Evidence -Whether arbitrators bound by same rules of evidence as Court-Whether arbitrators wrongly admitted evidence of without prejudice offers- Whether award should be set side for technical misconduct.

CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION v. EVLOGIA SHIPPING CO. S.A. (THE "MIHALIOS XILAS")

[1979] 2 Lloyd's Rep 303

Charter-party (Time) - Hire - Hire to be paid monthly - Full hire not paid by charterers - Vessel withdrawn by shipowners - Claim by charterers that withdrawal was wrongful - Whether right of withdrawal waived by shipowners -"Baltime" form.

N.W.L. LTD. v. NELSON AND LAUGHTON (THE "NAWALA" (No. 2))

[1979] 2 Lloyd's Rep 317

Practice - Injunction - Trade dispute - Owner employing crew on terms unacceptable to union - Vessel likely to be blacked - Whether dispute a "trade dispute" - Whether owners entitled to injunction restraining union from "blacking" vessel - Effect of Trade Union and Labour Relations Act, ss. 13, 17, 29.

N.W.L. LTD. v. WOODS (THE "NAWALA")

[1979] 2 Lloyd's Rep 325

PORR AND OTHERS v. SHAW, JOHNSON AND HOLDEN (THE "MARABU PORR")

[1979] 2 Lloyd's Rep 331

Practice - Injunction - Trade dispute - Ship's managers employed crew at low wages - Vessel "blacked" by union - Whether union's acts covered by statutory immunity - Whether dispute with managers dispute with owners - Whether owners entitled to injunction restraining union from "blacking" vessel - Trade Union and Labour Relations Act, 1974, ss. 13, 17 and 29.

RUST v. ABBEY LIFE ASSURANCE CO. LTD. AND ANOTHER.

[1979] 2 Lloyd's Rep 334

Insurance (Property Bonds) - Contract - Misrepresentation - Whether binding contract concluded between insured and insurers - Whether insured intended to contract with insurers - Whether insurers' agent used undue influence or was liable for negligence and misrepresentation.

MARBROOK FREIGHT LTD. v. K.M.I. (LONDON) LTD.

[1979] 2 Lloyd's Rep 341

Carriage by air - Freight forwarders - Air waybills - Loss of goods - Whether freight forwarders assumed liability as regards claims against insurers and for making claims against carriers.

CONGIMEX S.A.R.L. (LISBON) v. CONTINENTAL GRAIN EXPORT CORPORATION (NEW YORK) AND OTHERS

[1979] 2 Lloyd's Rep 346

Sale of goods (c.i.f.) - Non-performance - Frustration - Buyers claimed contracts frustrated or performance illegal by Portuguese law - Whether buyers excused from liability to sellers - GAFTA 100. Arbitration - Award - Board of Appeal refused to allow buyers to put forward new defence - Whether award should be set aside or remitted for further consideration.

BRITISH AIRWAYS BOARD v. PARISH

[1979] 2 Lloyd's Rep 361

Banking - Company - Cheque - Personal liability - Director signed company cheque without "Ltd." - Company in liquidation - Whether director personally liable - Companies Act, 1948, s. 108.

THE "FATHER THAMES"

[1979] 2 Lloyd's Rep 364

Admiralty practice - Action in rem - Maritime lien - Collision - Vessel on demise charter - Whether jurisdiction to proceed against owners - Whether maritime lien attaching - Whether action should be stayed - Administration of Justice Act, 1956, ss. 1(1) (d), 3(3), (4).

EDM. J. M. MERTENS & CO. P.V.B.A. v. VEEVOEDER IMPORT EXPORT VIMEX B.V.

[1979] 2 Lloyd's Rep 372

Sale of goods (c.i.f.) - Arbitration - Limitation of lime - Waiver - Whether arbitrator appointed within time limit - Whether Board of Appeal had jurisdiction to grant extension of time - Whether buyers waived their right to hold sellers in default - GAFTA 100 and 125.

MAXFORM S.p.A. v. MARIANI AND GOODVILLE LTD.

[1979] 2 Lloyd's Rep 385

Bill of exchange - Non-payment - Sale of goods - Bills accepted and signed by director of company - Bills dishonoured - Whether director personally liable - Companies Act, 1948 s. 58 - Registration of Business Names Act, 1916.

BOX v. MIDLAND BANK LTD.

[1979] 2 Lloyd's Rep 391

Banking - Negligence - Misrepresentation - Careless statements made by bank's employee - Plaintiff relied on statements - Whether employee owed plaintiff duty to take reasonable care in making statements - Whether plaintiff suffered any damages recoverable in law.

THE "THOMASEVERETT"

[1979] 2 Lloyd's Rep 402

Collision - Crossing vessels - Collision occurred in Gulf of Thailand - Whether alteration of course negligent - Liability for collision - Apportionment.

SARMA NAVIGATION S.A v. SIDERMAR S.p.A. (THE "SEA PIONEER")

[1979] 2 Lloyd's Rep 408

Charter-party (Voyage) - Demurrage - Construction of charters - Two charters between same parties - Demurrage incurred at discharging port - Whether charters to be read separately or together - Calculation of demurrage - Gencon form.

BRUNS AND OTHERS v. COLOCOTRONIS (THE "VASSO")

[1979] 2 Lloyd's Rep 412

Sale of ship - Charter-party (Time) - Guarantee - Vessel insured against marine risks - Vessel became total loss - Arbitration award in favour of plaintiffs - Whether surety bound by award - Validity of guarantee - Whether plaintiffs could enforce guarantee against defendant - Whether plaintiffs entitled to share in proceeds of insurance - Construction of addendum to contract of sale.

PRACTICE NOTE WARINCO A.G. v. SAMOR S.p.A.

[1979] 2 Lloyd's Rep 425

Practice - Petition for leave to appeal out of time - Standing Order of the House Regulating Judicial Business, No. 11.

ANDRE & CIE. S.A. v. ETS. MICHEL BLANC & FILS

[1979] 2 Lloyd's Rep 427

Sale of goods (c.i.f.) - Prohibition - U.S. Government restricted export of soya bean meal to 40 per cent. - Sellers requested extension of time - Buyers accepted 40 per cent. of June shipment - Whether sellers released from obligation to ship balance - Whether sellers protected by cl. 21 of GAFTA 100 - Whether sellers misrepresented American regulations - Misrepresentation Act, 1967, s. 2(1).

BUNGE S.A. v. DEUTSCHE CONTI HANDELSGESELLSCHAFT M.B.H.

[1979] 2 Lloyd's Rep 435

Sale of goods (c.i.f.) - Prohibition of export - Non-delivery - Buyers declared sellers in default - Whether sellers could rely on prohibition clause - GAFTA 100.

TERMAREA S.R.L. v. REDERIAKTIBOLAGET SALLY (THE "DALNY")

[1979] 2 Lloyd's Rep 439

Arbitration - Award - Charter-party - Owners obtained ex parte order enforcing award - Arbitrators failed to appoint umpire - Whether arbitrators had jurisdiction to make award - Whether arbitrators contravened Arbitration Act, 1950, s. 8(1) - Whether award should be set aside.

KOLLERICH & CIE. S.A. v. THE STATE TRADING CORPORATION OF INDIA

[1979] 2 Lloyd's Rep 442

Sale of goods (f.o.b.) - Exemption clause - Sellers sold bagged cement to buyers - Bags found to have opened on arrival or to open at both ends during unloading - Whether sellers could rely on pre-shipment inspection clause.

GOLODETZ & CO. INC. v. CZARNIKOW-RIONDA CO. INC. (THE "GALATIA")

[1979] 2 Lloyd's Rep 450

Bill of lading - Sale of goods - Part of cargo damaged - Notation added to bill after shipment - Whether bill "clean" - Whether buyers entitled to reject goods - Refined Sugar Association, rr. 22, 23.

CONTINENTAL GRAIN EXPORT CORPORATION v. S.T.M. GRAIN LTD. (CHARLES E. FORD LTD.)

[1979] 2 Lloyd's Rep 460

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to appropriate or tender June bills of lading - Whether contract automatically cancelled - Whether sellers could rely on prohibition clause - FOSFA 24.

BUNGE CORPORATION v. TRADAX EXPORT S.A.

[1979] 2 Lloyd's Rep 477

Sale of goods (f.o.b.) - Notice of readiness to load - Buyers to give 15 days loading notice - Whether notice given in time - Whether sellers entitled to hold buyers in default - Whether sellers lost right to hold buyers in default - GAFTA 119.

IRAQI MINISTRY OF DEFENCE AND OTHERS v. ARCEPEY SHIPPING CO. S.A. AND GILLESPIE BROS. & CO. LTD. GILLESPIE BROS. & CO. LTD. v. IRAQI MINISTRY OF DEFENCE AND OTHERS (THE "ANGEL BELL")

[1979] 2 Lloyd's Rep 491

Practice - Mortgage of ship - Interveners - Vessel sank with all cargo - Whether proper law of mortgage Panamanian or English - Whether mortgagee's claims secured on proceeds of insurance policies.

Lloyd's Law Reports