i-law.com

RHESA SHIPPING CO. S.A. v. HERBERT DAVID EDMUNDS RHESA SHIPPING CO. S.A. v. FENTON INSURANCE CO. LTD. (THE "POPI M")

[1985] 2 Lloyd's Rep 1

Insurance (Marine) - Perils of the sea - Whether loss of vessel proximately caused by peril of the sea or by negligence of crew - Whether loss due to defective, deteriorated and decayed condition of vessel - Whether owners exercised due diligence.

GEORGE KALLIS (MANUFACTURERS) LTD. v. SUCCESS INSURANCE LTD.

[1985] 2 Lloyd's Rep 8

Insurance (Marine) - Fire - Fraudulent bills of lading issued - Goods shipped on different date on different vessel - Vessel caught fire - Goods suffered water damage - Whether cargo-owners could claim under policy.

METRO MEAT LTD. v. FARES RURAL CO. PTY. LTD. AND ANOTHER

[1985] 2 Lloyd's Rep 13

Sale of goods (f.a.s.) - Anticipatory breach - Shipment by instalments - Matching contract - Parties co-operated in shipment of first three instalments - Sellers refused to co-operate in shipment of last two instalments - Whether sellers in anticipatory breach of contract - Whether sellers repudiated contract.

ALLIED MARINE TRANSPORT LTD. v. VALE DO RIO DOCE NAVEGACAO S.A. (THE "LEONIDAS D")

[1985] 2 Lloyd's Rep 18

Arbitration - Injunction - Delay in prosecuting arbitration - Whether arbitration mutually abandoned and/or rescinded by the parties - Whether injunction restraining further conduct of the arbitration should be ranted.

K. LOKUMAL & SONS (LONDON) LTD. v. LOTTE SHIPPING CO. PTE. LTD. (THE "AUGUST LEONHARDT")

[1985] 2 Lloyd's Rep 28

Carriage by sea - Bill of lading - Limitation of time - Damage to cargoes - Whether extension of time had been granted - Whether defendant estopped from denying that extension granted - Whether claim time barred.

EGYPTIAN INTERNATIONAL FOREIGN TRADE CO. v. SOPLEX WHOLESALE SUPPLIES LTD., AND P. S. REFSON & CO. LTD. (THE "RAFFAELLA")

[1985] 2 Lloyd's Rep 36

Banking - Guarantee - Purchase of cargo of cement - Credit manager of bank gave undertaking to return moneys - Cargo rejected - Whether plaintiffs could claim on undertaking - Whether bank liable.

ARMADORA COMPANIA FRIGO LINEA S.A. AND ARMADORA COMPANIA NAVI FRUITA S.A. v. BENABO SHIPPING CORPORATION, BLACKWATER SHIPPING CORPORATION AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (THE "ARIETTA" AND "JULIA")

[1985] 2 Lloyd's Rep 50

Sale of ship - Mareva injunction - Mortgagees power of sale - Sellers gave notice of repayment requiring payment of outstanding sum with interest - Whether buyers entitled to obtain Mareva injunction restraining mortgagees from exercising their power of sale.

RHEINOEL G.m.b.H. v. HURON LIBERIAN CO. (THE "CONCORDIA C")

[1985] 2 Lloyd's Rep 55

Charter-party (Voyage) - Damages - Owners treated charterers' conduct as repudiation - Alternative charter entered into - Whether owners entitled to claim damages for freight differential and detention - Whether earnings under alternative charter to be taken into account - Correct measure of damages.

NAVIGAS INTERNATIONAL LTD. v. TRANS-OFFSHORE INC. (THE "BRIDGESTONE MARU NO. 3")

[1985] 2 Lloyd's Rep 62

Charter-party (Time) - Discharge of cargo - Off hire - Booster pump installed - Harbour master refused to allow vessel to discharge - Whether breach of contractual obligation - Whether vessel off hire.

KAUKOMARKKINAT O/Y v. "ELBE" TRANSPORT-UNION G.M.B.H. (THE "KELO")

[1985] 2 Lloyd's Rep 85

Arbitration - Award - Jurisdiction - Whether contract concluded between owners and respondents - Whether award made without jurisdiction - Whether declaration that award not binding should be granted.

AMSALE WOLD AMANUEL AND OTHERS v. ALEXANDROS SHIPPING CO. AND ETHIOPIAN SHIPPING LINES CO. (THE "ALEXANDROS P")

[1985] 2 Lloyd's Rep 90

Practice - Application to set aside writ - Jurisdiction - Action brought against Ethiopian charterers - English solicitors instructed to accept proceedings subject to right to apply to set aside writ - Whether writ properly served - Whether application to set aside should be granted - R.S.C., O. 11, r. 1 (1) (j).

VANDEN AVENNE-IZEGEM P.V.B.A. v. FINAGRAIN S.A.

[1985] 2 Lloyd's Rep 99

Sale of goods (c.i.f.) - Non-shipment - Prohibition of export - Arbitrators held that no string had been established from shipper to buyer - Arbitrators unable to identify shippers - Whether sellers liable to buyers in damages.

PERA SHIPPING CORPORATION v. PETROSHIP S.A. (THE "PERA")

[1985] 2 Lloyd's Rep 103

Charter-party (Voyage) - Demurrage - Limitation of time - Time bar clause - Owners claimed demurrage - Charterers alleged claim not presented with documents - Whether owners' claim time barred.

ASTY MARITIME CO. LTD. AND PANAGIOTIS STRAVELAKIS v. ROCCO GIUSEPPE & FIGLI, S.N.C. AND OTHERS (THE "ASTYANAX")

[1985] 2 Lloyd's Rep 109

Charter-party (Voyage) - Validity - Exchange of telexes between brokers - Fixture concluded - Whether charterers bound by fixture - Whether registered owners undisclosed principals.

SPILIADA MARITIME CORPORATION v. CANSULEX LTD. (THE "SPILIADA")

[1985] 2 Lloyd's Rep 116

Practice - Application to set aside - Forum non conveniens - Plaintiffs brought action in England alleging damage to vessel caused by wet sulphur cargo - Whether action should have been brought in British Columbia - Whether British Columbian time bar should be taken into account - Whether application to set aside should be granted.

INSURANCE CORPORATION OF IRELAND AND OTHERS v. STROMBUS INTERNATIONAL INSURANCE CO.

[1985] 2 Lloyd's Rep 138

Practice - Application to set aside service of writ - Reinsurers granted leave to serve writ on defendants in Bermuda - Whether Court should exercise its discretion and allow action to be brought in England - Whether application to set aside service of writ should be granted.

SOUTH CAROLINA INSURANCE CO. v. ASSURANTIE MAATSCHAPPIJ "DE ZEVEN PROVINCIEN" N.V. SAME v. AL AHLIA INSURANCE CO., ARABIAN SEAS INSURANCE CO. LTD. AND CAMBRIDGE REINSURANCE CO. LTD.

[1985] 2 Lloyd's Rep 147

Practice - Reinsurance - Documents - Action brought in American and English Courts - Defendants denied inspection of documents - Whether American pre-trial discovery procedure could be used to obtain inspection of documents for purposes of English action - Whether defendants acting in an unjust or unconscionable manner.

PETROLEO BRASILEIRO S/A - PETROBRAS FRONTO NATIONAL DE PETROLEIROS - FRONAPE v. ELOUNDA SHIPPING CO. (THE "EVANTHIA M")

[1985] 2 Lloyd's Rep 154

Charter-party (Time) - Fuel consumption - Charterers used vessel for storage - Consumption of fuel much less than figure in addendum - Whether escalation terms applied to trading and port consumption figures alike.

HOFFLINGHOUSE & CO. LTD. v. C-TRADE S.A. (THE "INTRA TRANSPORTER")

[1985] 2 Lloyd's Rep 158

Charter-party (Voyage) - Binding contract - Negotiations conducted between parties for chartering of vessel - Whether binding contract concluded between the parties.

OCEAN GLORY COMPANIA NAVIERA S.A. v. A/S P.V. CHRISTENSEN (THE "IOANNA")

[1985] 2 Lloyd's Rep 164

Charter-party (Time) - Hire - Vessel delivered with bottom fouled - Vessel incapable of maintaining warranted speed - Vessel took longer to complete voyage and consumed extra marine diesel oil - Vessel consumed less fuel oil - Whether charterers could claim for hire wasted and extra diesel oil without giving credit for fuel oil saved.

CANADIAN PACIFIC (BERMUDA) LTD. v. LAGON MARATIME OVERSEAS (THE "FORT KIPP")

[1985] 2 Lloyd's Rep 168

Charter-party (Voyage) - Lien - Freight - Vessel discharged into barge - Owners exercised lien on cargo remaining on board for unpaid freight - Whether owners entitled to do so - Whether freight payable at an earlier time.

GOVERNMENT OF SWAZILAND CENTRAL TRANSPORT ADMINISTRATION AND ALFKO AUSSENHANDELS G.M.B.H. v. LEILA MARITIME CO. LTD. AND MEDITERRANEAN SHIPPING CO. S.A. (THE "LEILA")

[1985] 2 Lloyd's Rep 172

Bill of lading - Stay of action - Jurisdiction clause - Original bill provided disputes to be referred to arbitration - Copy bill provided disputes to be referred to English Court - Whether defendants estopped from relying on arbitration clause - Whether application for stay should be granted.

THE PRESIDENT OF INDIA v. LIPS MARITIME CORPORATION (THE "LIPS")

[1985] 2 Lloyd's Rep 180

Arbitration - Award - Demurrage - Late payment of demurrage - Umpire held charterers liable in damages for difference between exchange rate at bill of lading date and exchange rate at date of award - Whether owners entitled to damages for late payment of demurrage.

SOCIETE FRANCAISE BUNGE S.A. v. BELCAN N.V. (THE "FEDERAL HURON")

[1985] 2 Lloyd's Rep 189

Carriage by sea - Damage to cargo - Currency in which judgment should be given - Cargo receivers claimed damages in U.S. dollars or U.S. dollars and francs - Whether judgment should be wholly in French francs.

BANKERS & TRADERS INSURANCE CO. LTD. v. NATIONAL INSURANCE CO. LTD.

[1985] 2 Lloyd's Rep 195

Insurance (Motor) - Double insurance - Third party risks - Personal injuries - Third party obtained judgment against driver - Whether driver's insurers liable to satisfy judgment - Whether car-owner's insurers liable to contribute to judgment.

BREMER HANDELSGESELLSCHAFT M.B.H. v. ETS. SOULES ET CIE. AND ANTHONY G. SCOTT

[1985] 2 Lloyd's Rep 199

Arbitration - Arbitrator - Removal - Misconduct - Arbitrator an employee of intermediate traders - Whether arbitrator would be incapable of acting impartially - Whether application for removal of arbitrator should be granted.

S.C.F. FINANCE CO. LTD. v. KHALIL SAID MASRI AND INA'AM EL MASRI

[1985] 2 Lloyd's Rep 206

Practice - Mareva injunction - Variation - Third party rights - Second defendant claimed that assets belonged to her - Whether sufficient if third party claimed assets - Whether application to discharge injunction so far as the second defendant's accounts were concerned should be granted.

FREEDOM MARITIME CORPORATION v. INTERNATIONAL BULK CARRIERS S.A. AND ANOTHER (THE "KHIAN CAPTAIN")

[1985] 2 Lloyd's Rep 212

Charter-party (Voyage) - Despatch - Laytime - Statement of facts and laytime statement inconsistent - Whether laytime interrupted - Whether owners calculation for despatch should be accepted - Appropriate costs between the parties.

MSC MEDITERRANEAN SHIPPING CO. S.A. v. ALIANCA BAY SHIPPING CO. LTD. (THE "ARGONAUT")

[1985] 2 Lloyd's Rep 216

Charter-party (Time) - Stevedore damage - Vessel loaded cargo of granite blocks - In course of unloading tank tops damaged by falling blocks - Whether owners liable for damage caused by stevedores employed by charterers.

COOK INTERNATIONAL INC. v. B.V. HANDELMAATSCHAPPIJ JEAN DELVAUX AND BRAAT, SCOTT AND MEADOWS

[1985] 2 Lloyd's Rep 225

Arbitration - Award - Application to set aside or declare void - Arbitrator and umpire employees of subsidiary of creditors of first defendants - Whether likelihood of bias - Whether arbitrator and umpire had pecuniary interest - Whether awards should be set aside.

MEBRO OIL S.A. v. GATOIL INTERNATIONAL INC.

[1985] 2 Lloyd's Rep 234

Practice - Arbitration - Award - Leave to appeal - Limitation of time - Respondents failed to apply for leave to appeal within time prescribed by Rules of Supreme Court - Whether time limit applicable to applications for leave to appeal as well as appeal - Whether originating motion should be struck out for want of prosecution - R.S.C., O. 73.

MSC MEDITERRANEAN SHIPPING CO. S.A. v. B.R.E.-METRO LTD.

[1985] 2 Lloyd's Rep 239

Carriage by sea - Anticipatory repudiation - Plaintiffs agreed to transport defendants' rail wagons - Defendants announced movement withdrawn - Whether repudiation anticipatory - Whether plaintiffs accepted repudiation - Whether plaintiffs' claim compromised by later agreement - Whether plaintiffs abandoned claim.

J. J. SILBER LTD. AND OTHERS v. ISLANDER TRUCKING LTD. PATENTA G.m.b.H. AND OTHERS v. ISLANDER TRUCKING LTD.

[1985] 2 Lloyd's Rep 243

Carriage by road - C.M.R. - Plaintiffs' goods being carried from Reggio Calabria to Paris - Defendants' driver parked lorry at motorway tollgate near Salerno - Goods seized by armed robbers - Whether defendants liable for loss - Whether loss caused through circumstances defendants could not avoid - C.M.R., art. 17 (2).

MICHAEL GALLEY FOOTWEAR LTD. v. DOMINIC IABONI

[1985] 2 Lloyd's Rep 251

PAGNAN S.p.A. v. GRANARIA B.V. AND OTHERS

[1985] 2 Lloyd's Rep 256

Contract - Validity - Sale of goods - Plaintiffs and defendants seeking to match a "swap" deal in tapioca - Negotiations conducted between the parties - Whether valid and subsisting contract resulted.

SUDATLANTICA NAVEGACION S.A. v. DEVAMAR SHIPPING CORPORATION (THE "IONIO")

[1985] 2 Lloyd's Rep 271

PACIFIC NAVIGATORS CORPORATION, EL CHALLENGER S.A. AND LIBERIAN TRANSPORT NAVIGATION CORPORATION S.A. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES (THE "EL CHAMPION", "EL CHALLENGER", AND "EL GENERAL")

[1985] 2 Lloyd's Rep 275

Insurance (Marine) - War risks - Additional premium liability - Time charter voyage to Persian Gulf excluding Iraq and Iranian ports other than Bandar Abbas - Vessel ordered to Bandar Abbas - Whether charterers liable for extra premium because vessel entered an additional premium area.

ALUMINIUM WIRE AND CABLE CO. LTD. v. ALLSTATE INSURANCE CO. LTD.

[1985] 2 Lloyd's Rep 280

Insurance (Public Liability) - Condition - Breach - Plaintiffs' premises damaged by fire - Fire caused by negligent sub-contractors - Whether plaintiffs could claim under sub-contractors' insurance policy - Whether insurers could rely on special condition - Third Parties (Rights against Insurers) Act, 1930.

MICHAEL I. WARDE v. FEEDEX INTERNATIONAL INC.

[1985] 2 Lloyd's Rep 289

Sale of goods (c. & f.) - Condition - Failure to nominate bank - Whether a condition or warranty - Whether requirement of writing also a condition - Whether buyer in breach of contract.

PRACTICE DIRECTION

[1985] 2 Lloyd's Rep 300

Application for leave to appeal against arbitration awards

CANDLEWOOD NAVIGATION CORPORATION LTD. v. MITSUI O S K LINES LTD. AND ANOTHER (THE "MINERAL TRANSPORTER" AND "IBARAKI MARU")

[1985] 2 Lloyd's Rep 303

Collision - Assessment of damages - Whether time charterer entitled to wasted hire and loss of profits during period vessel not operational - Whether loss caused by union ban should be included in assessment of damages.

TAI HING COTTON MILL LTD. v. LIU CHONG HING BANK LTD. AND OTHERS

[1985] 2 Lloyd's Rep 313

Banking - Duty of care - Forged cheques - Extent of duty owed by customer to bank - True effect of bank's rules for current accounts - Whether bank entitled to debit forged cheques to customers' account.

ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. v. TOSSA MARINE CO. LTD. TOSSA MARINE CO. LTD. v. ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. (THE "DERBY")

[1985] 2 Lloyd's Rep 325

Charter-party (Time) - Liability - Damages - Vessel's crew and officers Filipinos - Vessel not in possession of I.T.F. Blue Card - I.T.F. stopped discharge of vessel - Whether vessel "fitted for service" - Whether owners in breach of charter - Whether charterers' losses of sub-charter to be taken into account on assessment of damages.

SOCIETE ANONYME MAROCAINE DE L'INDUSTRIE DU RAFFINAGE v. NOTOS MARITIME CORPORATION (THE "NOTOS")

[1985] 2 Lloyd's Rep 334

Charter-party (Voyage) - Demurrage - Vessel unable to discharge at sea-line because of swell and another vessel discharging at sea-line - Whether demurrage payable during those periods.

THE "ACHILLEUS"

[1985] 2 Lloyd's Rep 338

Collision - Crossing vessels - Collision in approaches to Kieler Forde - Whether vessels complied with collision regulations - Liability for collision - Apportionment of blame.

THE "STEPHAN J"

[1985] 2 Lloyd's Rep 344

Admiralty practice - Arrest of vessel - Containers washed overboard - Plaintiffs arrested alleged sistership - Whether plaintiffs entitled to arrest vessel in connection with which cause of action arose.

THE "GREGOS"

[1985] 2 Lloyd's Rep 347

Shiprepairers - Contract - Lien - Validity - No specification of repairs provided - Whether price agreed for work carried out by initial contract - Whether price agreed for repairs of generators - Plaintiffs claimed balance of moneys due - Plaintiffs exercised lien on vessel - Whether defendants could counterclaim for breach of contract and wrongful detention of vessel.

OLYMPIA SAUNA SHIPPING CO. S.A. v. SHINWA KAIUN KAISHA LTD. (THE "YPATIA HALCOUSSI")

[1985] 2 Lloyd's Rep 364

Charter-party (Time) - Rectification - Compromise agreement - Defendants made deductions for off-hire and bunkers - Deductions disputed - Compromise agreement entered into - No reference made to balance due to defendants - Whether agreement should be rectified.

RE WELSH IRISH FERRIES LTD. (In Receivership and in Liquidation) (THE "UGLAND TRAILER")

[1985] 2 Lloyd's Rep 372

Charter-party (Time) - Lien - Sub-freights - Vessel chartered to company - Whether shipowners' contractual lien on sub-freights registrable as a charge on book debts of company - Companies Act 1948, s. 95.

AIDEN SHIPPING CO. LTD. v. INTERBULK LTD. INTERBULK LTD. v. I.C.C.O. INTERNATIONAL CORN CO. N.V. (THE "VIMEIRA" (NO. 2))

[1985] 2 Lloyd's Rep 377

Arbitration - Award - Remission - Vessel suffered serious damage to rudder - Several months after casualty dock dredged revealing concrete blocks - Whether award should be remitted to enable fresh evidence to be adduced to show rudder damage caused by impact with concrete blocks.

AIDEN SHIPPING CO. LTD. v. INTERBULK LTD. INTERBULK LTD. v. I.C.C.O. INTERNATIONAL CORN CO. N.V. (THE "VIMEIRA")

[1985] 2 Lloyd's Rep 407

INTERBULK LTD. v. AIDEN SHIPPING CO. LTD. (THE "VIMEIRA" (No. 1))

[1985] 2 Lloyd's Rep 410

THE QUEEN v. SECRETARY OF STATE FOR TRANSPORT Ex parte SUNDERLAND MARINE MUTUAL INSURANCE CO. LTD. (THE "ARD AIDHAM" AND "NORDLAND")

[1985] 2 Lloyd's Rep 412

Navigation - Merchant shipping notice - Fishing vessels to be constructed so that person steering had a clear view ahead - Whether notice issued without proper consultation - Whether notice valid - Fishing Vessels (Safety Provisions) Act, 1970, s. 7 - Fishing Vessels (Safety Provisions) Rules, 1975, rr. 45 (4), 46 (4).

SCANCARRIERS A/S v. AOTEAROA INTERNATIONAL LTD. (THE "BARRANDUNA" AND "TARAGO")

[1985] 2 Lloyd's Rep 419

Carriage by sea - Contract - Validity - Telex exchanged between parties - Whether telex an offer - Whether telex gave rise to binding contract - Whether appellants in breach.

GRAHAM H. DAVIES (U.K.) LTD. v. MARC RICH & CO. LTD.

[1985] 2 Lloyd's Rep 423

Arbitration - Limitation of time - Sale of goods - Standard conditions of sale applied - Defendants entitled to rely on limitation of time clause - Whether application for extension of time in which to appoint arbitrator should be granted - Arbitration Act, 1950, s. 27.

CANTIERI NAVALI RIUNITI S.p.A. v. N.V. OMNE JUSTITIA AND OTHERS (THE "STOLT MARMARO")

[1985] 2 Lloyd's Rep 428

Practice - Jurisdiction - Marine insurance - Vessel insured inter alia with Italian underwriters - Plaintiffs alleged damage caused by insured perils - Whether insurance contracts governed by English law - Whether contracts made within jurisdiction - Whether leave to serve proceedings on defendants outside jurisdiction should be granted.

MARK ROWLANDS LTD. v. BERNI INNS LTD. AND OTHERS

[1985] 2 Lloyd's Rep 437

Insurance (Fire) - Subrogation - Landlord and tenant - Premises destroyed by fire caused by tenant's negligence - Landlord claimed under insurance - Whether landlord's insurers could recover damages by subrogation from tenant.

SETTEBELLO LTD. v. BANCO TOTTA & ACORES

[1985] 2 Lloyd's Rep 448

Practice - Banking - Letters of request - Shipbuilding contract - Portuguese bankers - guaranteed repayment of instalments - Decree-law suspended right of cancellation - Bank denied liability for repayment - Allegation that Portuguese state had abused its legislative powers - Whether application for letters of request should be granted.

COOK INDUSTRIES INC. v. TRADAX EXPORT S.A.

[1985] 2 Lloyd's Rep 454

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - July and September instalments of soya bean meal - Sellers failed to deliver balance - Whether sellers could rely on prohibition clause - Whether all shippers prevented from performing their contracts.

THE "LASH ATLANTICO"

[1985] 2 Lloyd's Rep 464

Admiralty practice - Collision - Assessment of damages - Currency of claim - Costs - Whether plaintiffs entitled to recover damages in U.S. dollars - Whether order as to costs should be varied - Whether plaintiffs lost opportunity of carrying a cargo during period vessel under repairs.

LEON CORPORATION v. ATLANTIC LINES AND NAVIGATION CO. INC. (THE "LEON")

[1985] 2 Lloyd's Rep 470

Charter-party (Time) - Hire - Equitable set off - Alleged discrepancy in bunker consumption - Charterers deducted from hire sum representing discrepancy in bunker figures - Whether charterers entitled to do so.

OVE SKOU v. RUDOLF A. OETKER (THE "ARCTIC SKOU")

[1985] 2 Lloyd's Rep 478

Charter-party (Time) - Hire - Redelivery - Vessel delivered at port in Brazil and redelivered at Bilbao - Local time in Brazil five hours behind local time at Bilbao - Charterers paid hire less five hours - Whether owners entitled to the five hours hire.

ACTION S.A. v. BRITANNIC SHIPPING CORPORATION LTD. (THE "AEGIS BRITANNIC")

[1985] 2 Lloyd's Rep 481

Charter-party (Voyage) - Cesser clause - Administration Court of Basrah held owners liable to receivers for damage to cargo - Owners claimed payment from charterers - Whether charterers' liability ceased upon cargo being shipped.

ARMADA LINES CONTINENT-MEDITERRANEAN SERVICE LTD. v. NAVIERA MURUETA S.A. (THE "ELEXALDE")

[1985] 2 Lloyd's Rep 485

Charter-party (Voyage) - Laytime - Strike clause - Strike lasted under 48 hours - Delay in discharge - Whether period of strike should be excluded from calculation of laytime - Whether arbitrator exceeded his jurisdiction.

ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v. P. & O. BULK SHIPPING LTD. (THE "DISCARIA")

[1985] 2 Lloyd's Rep 489

Charter-party (Voyage) - War risk insurance - Owners took out war risk insurance which included loss of earnings insurance - Whether charterers liable to pay for that part containing the loss of earnings insurance - Whether loss of earnings new type of cover to that which owners had before and not within clause.

P. & O. BULK SHIPPING LTD. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES (THE "DISCARIA")

[1985] 2 Lloyd's Rep 493

ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v. P. & O. BULK SHIPPING LTD. P. & O. BULK SHIPPING LTD. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES

[1985] 2 Lloyd's Rep 494

GEBR. VAN WEELDE SCHEEPVAARTKANTOR B.V. v. COMPANIA NAVIERA SEA ORIENT S.A. (THE "AGRABELE")

[1985] 2 Lloyd's Rep 496

Arbitration - Delay in prosecuting - Injunction - Disputes under charter-party referred to arbitration - No further steps taken in arbitration over three years - Whether parties agreed to abandon reference - Whether injunction restraining defendants from taking any further steps should be granted.

ARCTIC ELECTRONICS CO. (U.K.) LTD. v. McGREGOR SEA & AIR SERVICES LTD.

[1985] 2 Lloyd's Rep 510

Carriage by road - C.M.R. - Jurisdiction - Successive carriers - Indemnity - Damage to goods - Whether third party could claim contribution or indemnity from fourth party - Whether fourth party a successive carrier - Whether leave to serve out of jurisdiction justifiable - C.M.R. arts. 34, 39; R.S.C., O. 11.

GEORGE MOUNDREAS & CO. S.A. v. NAVIMPEX CENTRALA NAVALA

[1985] 2 Lloyd's Rep 515

Shipbuilding contract - Shipbroker - Commission agreements - Contracts cancelled before delivery of vessels - Whether shipbrokers entitled to claim commission - Whether defendants in breach of agreements.

GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION AND OTHERS v. PETER WILLIAM TANTER AND OTHERS (THE "ZEPHYR")

[1985] 2 Lloyd's Rep 529

Reinsurance - Indemnity - Vessel constructive total loss - Reinsurance placed by broker before original insurance - Whether reinsurers liable - Whether brokers in breach of duty of care - Legal effect of signing indication.

SAMUELSON v. NATIONAL INSURANCE AND GUARANTEE CORPORATION

[1985] 2 Lloyd's Rep 541

Insurance (Motor) - Theft - Indemnity - Vehicle stolen while in custody of body repairer - Whether plaintiff could claim on policy - Whether insurers liable to indemnify plaintiff.

ESAL (COMMODITIES) LTD. AND RELTOR LTD. v. ORIENTAL CREDIT LTD. AND WELLS FARGO BANK N.A. BANQUE DU CAIRE S.A.E. v. WELLS FARGO BANK N.A.

[1985] 2 Lloyd's Rep 546

Banking - Performance bond - Sale of goods (c. & f.) - Whether liability under bond conditional - Whether validity extended - Whether confirmation authorized - Whether bank should notify customer of demand for payment - Effect of unauthorized incorporation of Uniform Customs practice (1974) (Revision).

UNITED TRADING CORPORATION S.A. AND MURRAY CLAYTON LTD. v. ALLIED ARAB BANK LTD. AND OTHERS

[1985] 2 Lloyd's Rep 554

THE "MYRTO" (NO. 3)

[1985] 2 Lloyd's Rep 567

Admiralty practice - Writ - Validity - Action by plaintiffs claiming reimbursement of costs of discharging cargo - Application to extend validity of writ - Whether application should be granted - R.S.C., O. 6, r. 8.

THE "STATE OF HIMACHAL PRADESH"

[1985] 2 Lloyd's Rep 573

Collision - Crossing vessels - Collision off Bombay - Navigation of both vessels - Whether failure to keep proper lookout - Whether negligent in altering course - Liability for collision - Apportionment.

FOOD CORPORATION OF INDIA v. MARASTRO CIA NAVIERA S.A. (THE "TRADE FORTITUDE")

[1985] 2 Lloyd's Rep 579

Arbitration - Interest - Demurrage - Charterers made second payment in respect of demurrage - Whether owners entitled to interest on second payment from date when it should have been paid - Whether arbitrators' power to award interest retrospective - Arbitration Act, 1950, s. 19A - Administration of Justice Act 1982.

FOOD CORPORATION OF INDIA v. MARASTRO CIA NAVIERA S.A. (THE "TRADE FORTITUDE")

[1985] 2 Lloyd's Rep 583

COMPAGNIE NATIONAL ALGERIENNE DE NAVIGATION v. HECATE SHIPPING CO.

[1985] 2 Lloyd's Rep 588

Arbitration - Award - Remission - Procedural mishap - Arbitrator invited parties to put evidence before him - Postal delay - Evidence arrived after award made - Whether award should be remitted - Arbitration Act, 1950, s. 22.

CIE FRANCAISE D'IMPORTATION ET DE DISTRIBUTION S.A. v. DEUTSCHE CONTINENTAL HANDELSGESELLSCHAFT AND ANOTHER

[1985] 2 Lloyd's Rep 592

Arbitration - Delay in prosecution - Abandonment - Sale of goods (c.i.f.) - Rejection of invoices - Dispute referred to arbitration - Long period of silence - Whether arbitration agreement abandoned - Whether defendants estopped from pursuing references.

PHOENIX GENERAL INSURANCE CO. OF GREECE S.A. v. HALVANON INSURANCE CO. LTD.

[1985] 2 Lloyd's Rep 599

Reinsurance - Illegality - Aviation contingency business - Whether plaintiffs authorized to underwrite contingency business - Whether plaintiffs under obligation to keep a retention - Implication of terms as to conduct of business - Duration of the risks which could be ceded - Obligation of plaintiffs to credit defendants with premium - Insurance Companies Act, 1974, ss. 1, 2, 11, 83 (4) - Insurance Companies (Classes of General Business) Regulations 1977, Schedule 1.

ALFRED JAMES DUNBAR v. A. & B. PAINTERS LTD. AND ECONOMIC INSURANCE CO. LTD. AND WHITEHOUSE & CO.

[1985] 2 Lloyd's Rep 616

Insurance (Employers' Liability) - Insurance brokers - Proposal form did not disclose previous insurers required increased premium - Insurers repudiated liability - Whether insurance brokers liable to indemnify insured.

CEDAR TRADING CO. LTD. v. TRANSWORLD OIL LTD. (THE "GUDERMES")

[1985] 2 Lloyd's Rep 623

Sale of goods (f.o.b.) - Letter of credit - Variations in letter of credit - Whether terms of contract also altered - Whether term could be implied as to quality of cargo - Whether settlement reached between plaintiffs and defendants.

Lloyd's Law Reports