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CHRISTIAN SALVESEN PLC. AND CHRISTIAN SALVESEN (SHIPPING) LTD. v. CORY LIGHTERAGE LTD. AND WM. CORY AND SON LTD. (THE “GENERAL VII”)

[1990] 2 Lloyd's Rep. 1

Collision - Crossing vessels - Collision in river Thames - Whether vessels maintained proper lookout - Whether faults in navigation - Liability for collision - Apportionment of liability.

THE “MOUNA”

[1990] 2 Lloyd's Rep. 7

Admiralty practice - Writ - Validity of extension - Application to discharge - Plaintiffs’ solicitors issued writ but did not serve it - Negotiations between parties - Writ expired before it was served and plaintiffs obtained extension - Whether order extending validity of writ should be discharged.

MONTEDIPE S.p.A. AND ANOTHER v. JTP-RO JUGOTANKER

[1990] 2 Lloyd's Rep. 11

Arbitration - Award - Remission - Technical misconduct - Arbitrators found against charterers on title to sue and that insurers’ claims time barred - Arbitrators declined to entertain claim made by insurers - Whether technical misconduct - Whether award should be remitted.

THE LONDON STEAMSHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD. v. BOMBAY TRADING CO. LTD. (THE “FELICIE”)

[1990] 2 Lloyd's Rep. 21

FLENDER WERFT A.G. v. AEGEAN MARITIME LTD. AND ANOTHER

[1990] 2 Lloyd's Rep. 27

Arbitration - Security for costs - Dispute between German shipbuilders and Isle of Man companies referred to arbitration - Shipbuilders counterclaimed in arbitration - Injunctions obtained in Germany and New York against companies - Whether application by shipbuilders for security for costs should be granted - Quantum.

CARGILL S.p.A. v. P. KADINOPOULOS S.A.

[1990] 2 Lloyd's Rep. 32

Arbitration - Lapse of claim - Dispute regarding cargo of meat - Arbitrator appointed in 1986 - Sellers submitted documents in support of claim in 1988 - Arbitrator held sellers’ claim lapsed - Board of Appeal allowed claim to proceed - Whether sellers had right of appeal under GAFTA arbitration rules.

KUO INTERNATIONAL OIL LTD. AND OTHERS v. DAISY SHIPPING CO. LTD. AND ANOTHER (THE “YAMATOGAWA”)

[1990] 2 Lloyd's Rep. 39

Carriage by sea - Unseaworthiness - Breakdown of vessel in East China Sea - Salvage and general average expenditure incurred - Vessel unseaworthy at commencement of voyage - Whether defendants’ failure to exercise due diligence caused casualty.

ARCTIC SHIPPING CO. LTD. v. MOBILIA A.B. AND OTHERS (THE “TATRA”)

[1990] 2 Lloyd's Rep. 51

Sale of ship - Contract - Validity - Whether binding contract concluded - Whether brokers had authority to contract on behalf of buyers - Whether buyers ratified and or were estopped from denying brokers’ authority.

NEW HAMPSHIRE INSURANCE CO. v. STRABAG BAU AG

[1990] 2 Lloyd's Rep. 61

Insurance (Collective Policy) - Arbitration clause - Application to set aside - Plaintiffs insured defendants in respect of construction of airport buildings in Iraq - Claims made by defendants - Plaintiffs issued letter of avoidance and claimed arbitration - Plaintiffs issued writ claiming declaration policy validly avoided - Defendants commenced proceedings in Germany - Whether dispute validly referred to arbitration - Whether English action should be set aside - Civil Jurisdiction and Judgments Act, 1982.

ARKWRIGHT MUTUAL INSURANCE CO. v. BRYANSTON INSURANCE CO. LTD. AND OTHERS

[1990] 2 Lloyd's Rep. 70

Reinsurance - Stay of action - Reinsured claimed under reinsurance - Claim within scope of Civil Jurisdiction and Judgments Convention - Whether Court had discretion to stay action on grounds of forum non conveniens or lis alibi pendens - Whether reinsurers had established New York a more appropriate forum for resolution of dispute - Civil Jurisdiction and Judgments Act, 1982.

VITOL S.A. v. PHIBRO ENERGY A.G. (THE “MATHRAKI”)

[1990] 2 Lloyd's Rep. 84

Sale of goods (c.i.f.) - Notice of nomination - Rejection - Whether notice of nomination given in time - Whether notice of nomination giving less than 3 days e.t.a. valid - Whether notice of nomination should identify load port and state that vessel complied with draft restrictions - Whether defendants entitled to reject notice of nomination.

KUWAIT ASIA BANK E.C. v. NATIONAL MUTUAL LIFE NOMINEES LTD.

[1990] 2 Lloyd's Rep. 95

Practice - Application to set aside - Claims by New Zealand company against Kuwaiti bank - Proceedings served on bank outside New Zealand - Bank had no branch or place of business in New Zealand - Whether application to set aside proceedings should be granted.

MEDWAY PACKAGING LTD. v. MEURER MASCHINEN G.m.b.H. & CO. K.G.

[1990] 2 Lloyd's Rep. 112

Practice - Application to set aside - Jurisdiction - Distribution agreement between English plaintiffs and German defendants - Plaintiffs alleged wrongful repudiation of agreement by defendants - Whether place of performance of obligation England - Whether Court had jurisdiction - Whether application to set aside service of writ should be granted - Civil Jurisdiction and Judgments Act, 1982.

LYRIC SHIPPING INC. v. INTERMETALS LTD. AND ANOTHER (THE “AL TAHA”)

[1990] 2 Lloyd's Rep. 117

Charter-party (Time) - Deviation - Vessel time chartered for trip via United States ports to Turkey - Vessel loaded at Portsmouth - Vessel deviated to Boston to take on bunkers and refit cargo boom - Vessel grounded in course of leaving inner harbour at Boston - Whether deviation reasonable - Whether cargo-owners liable to contribute to general average - Hague Rules art. IV, r. 4.

GEOGAS S.A. v. TRAMMO GAS LTD. (THE “BALEARES”)

[1990] 2 Lloyd's Rep. 130

Charter-party (Voyage) - Cancellation - Vessel and substitute vessel unable to meet e.t.a and cancelling dates - Arbitrators held charterers entitled to recover loss caused by increase in market price due to “hype” - Whether such damages irrecoverable - Whether owners’ breach caused loss.

EUROPEAN GRAIN & SHIPPING LTD. v. R. & H. HALL PLC.

[1990] 2 Lloyd's Rep. 139

Arbitration - Limitation of time - Sale of goods - Sellers declared themselves in default - Buyers bought in against sellers and claimed price difference - Sellers rejected claim - Whether buyers’ claim was for moneys due - Whether buyers’ claim time barred - GAFTA 100 - Arbitration Rules 125.

R. G. MAYOR (T/A GRANVILLE COACHES) v. P & O FERRIES LTD. AND OTHERS (THE “LION”)

[1990] 2 Lloyd's Rep. 144

Carriage by sea - Limitation of liability - Plaintiffs’ coach driven on to defendants’ ferry - Coach not secured - Vessel took violent roll to starboard and coach damaged - Whether defendants’ entitled to limit liability - Whether defendants’ had complied with requirements of statutory instrument - Merchant Shipping Act 1979 - International Convention on the Carriage of Passengers and their Luggage, Athens 1974.

APOSTOLOS KONSTANTINOS VENTOURIS v. TREVOR REX MOUNTAIN AND ANOTHER

[1990] 2 Lloyd's Rep. 154

Practice - Discovery of documents - Privilege - Representative proceedings - Underwriter sued in representative capacity - Application for better list of documents - Whether Court had power to order represented underwriters to disclose documents - Whether legal professional privilege could be claimed for certain documents.

WAKEFIELD v. OUTHWAITE

[1990] 2 Lloyd's Rep. 157

Practice - Writ of subpœna - Application to vary - Plaintiff required to produce certain documents - Whether subpœna should specify precisely particular document required to be produced - Whether subpœna offensive and oppressive - Whether application to vary subpœna should be granted.

CLEVELAND MUSEUM OF ART v. CAPRICORN ART INTERNATIONAL S.A AND ANOTHER

[1990] 2 Lloyd's Rep. 166

Practice - Application to set aside - Defendants agreed to loan reliquary and plaque to plaintiffs - Plaque found to be missing - Defendants commenced proceedings in Ohio - Plaintiffs served writ on defendants in England - Whether writ validly served - Whether writ should be set aside - Whether English action should be stayed.

SOCAP INTERNATIONAL LTD. v. MARC RICH & CO. A.G.

[1990] 2 Lloyd's Rep. 175

Sale of goods (f.o.b.) - Demurrage - Dispute regarding demurrage clause in sale contract - Buyers paid demurrage to shipowners but sellers had not recovered demurrage from their suppliers - Arbitrators held buyers had no right to recover demurrage from sellers before sellers recovered demurrage from their suppliers - Whether arbitrators reached right conclusion.

GARDNER SMITH PTY. LTD v. THE SHIP TOMOE 8 (THE “TOMOE 8”)

[1990] 2 Lloyd's Rep. 178

Admiralty practice - Jurisdiction - Charter-party (Voyage) - Clause in charter that last three cargoes to be free from styrene monomer - Plaintiffs alleged that imported cargo of deodorized palm olein and strearine contaminated by styrene monomer - Whether plaintiffs case within s. 6 of Admiralty Court Act 1861 - Whether Admiralty Court had jurisdiction to determine claim pleaded by plaintiffs - Colonial Courts of Admiralty Act, 1890 - Australia.

KOREA INDUSTRY CO. LTD v. ANDOLL LTD ANDOLL LTD. v. KOREA INDUSTRY CO. LTD. AND BANQUE PARIBAS

[1990] 2 Lloyd's Rep. 183

Banking - Letter of credit - Rejection of goods - Injunction obtained to restrain bank from effecting payment under letter of credit - Allegation of fraud in affidavit to support injunction - Whether injunction should be discharged - Singapore.

FIRMA C-TRADE S.A. v. NEWCASTLE PROTECTION AND INDEMNITY ASSOCIATION (THE “FANTI”) SOCONY MOBIL OIL CO. INC. AND OTHERS v. WEST OF ENGLAND SHIP OWNERS MUTUAL INSURANCE ASSOCIATION (LONDON) LTD. (THE “PADRE ISLAND”) (NO. 2)

[1990] 2 Lloyd's Rep. 191

Insurance (Marine) - P. and I. risks - Third party liability - Liabilities incurred by members towards plaintiffs - Members wound up - Whether plaintiffs could claim against club - Third Parties (Rights Against Insurers) Act, 1930.

COMDEL COMMODITIES LTD. v. SIPOREX TRADE S.A. (No. 2)

[1990] 2 Lloyd's Rep. 207

Arbitration - Award - Limitation of time - Sale of goods - Sellers claimed recovery of balance of performance bonds - Board of Appeal of FOSFA held claim time barred - Whether plaintiffs’ claim time barred - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

GOLDEN OCEAN ASSURANCE LTD. AND WORLD MARINER SHIPPING S.A. v. CHRISTOPHER JULIAN MARTIN AND OTHERS (THE “GOLDEAN MARINER”)

[1990] 2 Lloyd's Rep. 215

Insurance (Marine) - Stay of action - Insurance on fleet of vessels placed with London and foreign insurers - Insured vessel incurred salvage services and repairs - Plaintiffs claimed against insurers - Validity of writ extended - Procedural defects occurred in service of writ out of jurisdiction - Whether proper head of jurisdiction made out - Whether defects rendered service null and void - Whether England a more appropriate forum - Whether writ validly extended - R.S.C., O. 11.

“THE REGINA D”

[1990] 2 Lloyd's Rep. 227

Collision - Approaching vessels - Collision in river Scheldt - Plaintiffs’ vessel proceeding at excessive speed and in wrong water - Whether defendants’ vessel also at fault - Appointment of liability.

NAVIGAZIONE ALTA ITALIA S.p.A. v. CONCORDIA MARITIME CHARTERING A.B. (THE “STENA PACIFICA”)

[1990] 2 Lloyd's Rep. 234

Arbitration - Limitation of time - Delay in discharging - Charterers alleged such delay caused by under-performance of vessel’s pumps - Whether claim subject to one year time limit - Whether arbitrator appointed in time - Whether application for extension of time should be granted - Arbitration Act 1950 s. 27.

SOCIEDAD IBERICA DE MOLTURACION S.A. v. NIDERA HANDELSCOMPAGNIE B.V.

[1990] 2 Lloyd's Rep. 240

Arbitration - Award - Remission - Technical misconduct - Sellers invoked bankruptcy clause in sale contract - Price Settlement Committee based closing-out price on incorrect date - Umpire found in favour of buyers - Board of Appeal applied for reconvening of PSC to fix price on basis of correct date - Parties not given opportunity to comment on new price - Whether award should be remitted on ground of technical misconduct.

ATENI MARITIME CORPORATION v. GREAT MARINE LTD (THE GREAT MARINE) (No. 1)

[1990] 2 Lloyd's Rep. 245

Sale of ship - Cancellation - Allegation of breaches of contract - Buyers obtained Mareva injunction restraining sellers from dealing with proceeds of sale - Sellers alleged buyers failed to pay full purchase price - Whether sellers entitled to cancel contract.

ATENI MARITIME CORPORATION v. GREAT MARINE LTD. (THE GREAT MARINE) (No. 2)

[1990] 2 Lloyd's Rep. 250

Sale of ship - Delayed delivery - Vessel to be delivered on completion of present voyage - Whether term agreed - Whether buyers entitled to damages for late delivery - Propeller damaged - Whether sellers in breach of obligation to deliver vessel “free of any average damage affecting class” - Whether buyers entitled to damages for such breach.

ATLAS MARITIME CO. S.A. v. AVALON MARITIME LTD. (THE “CORAL ROSE”)

[1990] 2 Lloyd's Rep. 258

Practice - Mareva injunction - Discharge - Sale of ship - Dispute as to validity of contract - Mareva injunction obtained - Court ruled valid contract in existence - Remaining issues to be referred to arbitration - Whether Mareva injunction should be discharged.

HAYTER v. NELSON AND HOME INSURANCE CO.

[1990] 2 Lloyd's Rep. 265

Reinsurance - Stay of action - Arbitration award and judgment in favour of plaintiffs - Defendant claimed indemnity from third party - Whether defendants had commenced legal proceedings in respect of matter agreed to be referred to arbitration - Whether parties in dispute - Whether action should be stayed - Arbitration Act 1975, s. 1.

ESTEVE TRADING CORPORATION v. AGROPEC INTERNATIONAL (THE “GOLDEN RIO”)

[1990] 2 Lloyd's Rep. 273

Sale of goods (f.o.b.) - Bankruptcy clause - Construction - Sale of soya beans - Circle established - Party in circle committed act of bankruptcy - Necessary to establish closing-out price - Meaning of “the market price then current for similar goods” - Basis on which closing out price should be fixed.

T. M. NOTEN B.V. v. PAUL CHARLES HARDING

[1990] 2 Lloyd's Rep. 283

Insurance (Marine) - Inherent vice - Industrial leather gloves shipped from Calcutta to Rotterdam - On out-turn gloves found to be wet, stained, mouldy and discoloured - Whether damage caused by inherent vice - Whether insurers entitled to rely on inherent vice exclusion.

MAYER NEWMAN AND CO. LTD. v. A1 FERRO COMMODITIES CORPORATION S.A. (THE “JOHN C HELMSING”)

[1990] 2 Lloyd's Rep. 290

Practice - Application to set aside - Plaintiffs claimed indemnity from buyers for damage caused to vessel while manœuvering into unloading berth - Plaintiffs applied for appointment of buyers’ arbitrator - Whether plaintiffs showed good arguable case on its merits - Whether plaintiffs showed a genuinely disputable issue - Whether service out of jurisdiction should be set aside.

TRAFALGAR TOURS LTD. AND OTHERS v. ALAN JAMES HENRY AND ANOTHER

[1990] 2 Lloyd's Rep. 298

Practice - Application to set aside - Writ served out of jurisdiction - Whether plaintiffs had failed to make full and frank disclosure - Whether delay inordinate and wholly unjustifiable - Whether application to set aside should be granted.

DOLE DRIED FRUIT AND NUT CO. v. TRUSTIN KERWOOD LTD.

[1990] 2 Lloyd's Rep. 309

Practice - Counterclaim - Set-off - Defendants alleged sole agency for plaintiffs’ goods terminated without notice - Plaintiffs commenced proceedings claiming price of goods sold and delivered - Whether defendants entitled to set-off counterclaim for unliquidated damages against plaintiffs’ claim.

THE “VISHVA ABHA”

[1990] 2 Lloyd's Rep. 312

Admiralty practice - Stay of action - Forum non conveniens - Collision in Red Sea - Defendants commenced action in South Africa - Whether South Africa more appropriate forum - Whether English action should be stayed.

ITEX ITAGRANI EXPORT S.A. v. CARE SHIPPING CORPORATION AND OTHERS (THE “CEBU”) (No.2)

[1990] 2 Lloyd's Rep. 316

Charter-party (Time) - Hire - Lien on sub-freights - Non payment of hire under head charter - Owners advised sub-sub-charterers of non-payment of hire and of lien on sub-sub-freights - Sub-sub-charterers paid hire to sub-charterers - Whether owners had validly exercised rights under contractual lien on sub-freights.

COSEMAR S.A. v. MARIMARNA SHIPPING CO. LTD. (THE “MATHEW”)

[1990] 2 Lloyd's Rep. 323

Charter-party (Voyage) - Freight - Non-payment to time charterers - Bills of lading incorrectly endorsed and released to shippers contrary to time charterers’ instructions - Whether time charterers could recover freight from shipowners - Whether arbitration award made in favour of owners should be set aside or remitted.

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. EPIDAVROS GULF SHIPPPING CO. S.A. AND OTHERS (THE “CAPE SOUNION”)

[1990] 2 Lloyd's Rep. 329

Practice - Maritime lien - Arbitration award made in favour of shipowners - Vessel ceased trading - Claims by mortgagees and crew in respect of award moneys - Whether crew had maritime lien and took priority over mortgagees’ claim.

SEDGWICK TOMENSON INC. v. P.T. REASURANSI UMUM INDONESIA AND ANOTHER

[1990] 2 Lloyd's Rep. 334

Insurance (Marine) - Binding authority - Plaintiff brokers held open covers issued by second defendants on behalf of first defendants - Second defendants held binding authority from first defendants - Declaration of vessels under open cover made in respect of which claims arose - Whether contracts relied on by plaintiffs within scope of authority given to second defendants.

HARLOW AND JONES LTD. v. AMERICAN EXPRESS BANK LTD. AND CREDITANSTALT-BANKVEREIN (THIRD PARTY)

[1990] 2 Lloyd's Rep. 343

Banking - Letter of credit - Discrepancies in documents under letter of credit - Documents to be sent “on collection basis only” - Defendants released documents to sub-purchasers - Bills of exchange dishonoured - Whether defendants liable.

REGINA v. SECRETARY OF STATE FOR TRANSPORT EX PARTE FACTORTAME LTD. AND OTHERS

[1990] 2 Lloyd's Rep. 351

European Community law - Interim relief - Merchant Shipping Act 1988 provided for new register of British fishing vessels to be established - Only vessels fulfilling conditions to be registered - Spanish applicants challenged compatibility of Act with Community law - Reference made to ECJ for preliminary ruling - Power of national Court to grant interim relief.

REGINA v. SECRETARY OF STATE FOR TRANSPORT EX PARTE FACTORTAME LTD. AND OTHERS

[1990] 2 Lloyd's Rep. 355

REGINA v. SECRETARY OF STATE FOR TRANSPORT EX PARTE FACTORTAME LIMITED AND OTHERS

[1990] 2 Lloyd's Rep. 365

THE “GOLDEAN FALCON”

[1990] 2 Lloyd's Rep. 366

Admiralty practice - Salvage - Award - Tugs rendered salvage services to defendants’ vessel - Award made to salvors - Whether masters of salvage tugs entitled to greater proportion of award allocated to each tug - Australia.

LA BANQUE FINANCIÈRE DE LA CITÉ S.A. (formerly BANQUE KEYSER ULLMANN EN SUISSE S.A.) v. SKANDIA (U.K) INSURANCE CO. LTD. WESTGATE INSURANCE CO. LTD. (formerly HODGE GENERAL & MERCHANTILE INSURANCE CO. LTD.) AND OTHERS

[1990] 2 Lloyd's Rep. 377

Insurance (Credit) - Fraud - Banks made loans to borrowers - Gemstones lodged with banks as security - Credit insurance policy issued to borrowers to cover loans - Value of gemstones proved negligible - Banks claimed reimbursement under policies - Underwriters alleged fraud - Whether underwriters liable.

THE “EGLANTINE”, “CREDO” AND “INEZ”

[1990] 2 Lloyd's Rep. 390

Collision - Overtaking vessels - Collision in Dover Strait - Second defendants’ vessel proceeding in wrong direction in traffic lane - Collision between plaintiffs’ and first defendants’ vessels - Navigation of vessels - Liability for collision - Apportionment.

COMPANIA PORTORAFTI COMMERCIALE S.A. v. ULTRAMAR PANAMA INC. AND OTHERS (THE “CAPTAIN GREGOS”) (NO. 2)

[1990] 2 Lloyd's Rep. 395

Bill of lading - Short delivery - Cargo-owners claimed against shipowners - Whether principals to contract of carriage were shipowners and cargo-owners acting through agency of first defendants - Whether contract could be implied between cargo-owners and shipowners - Whether cargo-owners bound by terms of bill of lading by reliance on doctrine of bailment.

INDIAN OIL CORPORATION LTD. v. COASTAL (BERMUDA) LTD.

[1990] 2 Lloyd's Rep. 407

Arbitration - Award - Remission - Technical misconduct - Contract for sale of oil - Failure to complete loading within laytime - Dispute referred to arbitration - Arbitrators found in favour of buyers - Whether arbitrators guilty of technical misconduct - Whether award should be remitted. - Arbitration Act, 1950, s. 22.

SEAVISION INVESTMENT S.A. v. NORMAN THOMAS EVENNETT AND CLARKSON PUCKLE LTD. (THE “TIBURON”)

[1990] 2 Lloyd's Rep. 418

Insurance (Marine)-War risks-Vessel declared under established German open cover-Cover warranted German F.O.M.-Vessel struck by Exocet missile-Whether vessel validly declared under open cover-Whether breach of warranty-Whether insurers liable under policy.

YOUELL AND OTHERS v. BLAND WELCH & CO. LTD. AND OTHERS

[1990] 2 Lloyd's Rep. 423

Reinsurance - Construction - Vessels insured against builders risks - Vessels reinsured - Vessels a constructive total loss - Whether reinsurance cover coextensive with original insurance or whether it terminated 48 months after vessels came on risk - Whether slip admissible as an aid to construction of policy.

YOUELL AND OTHERS v. BLAND WELCH & CO. LTD. AND OTHERS (THE “SUPERHULLS COVER” CASE) (No. 2)

[1990] 2 Lloyd's Rep. 431

Reinsurance - Brokers - Negligence - Vessels insured against builders risks - Brokers placed reinsurance - Reinsurance contained clause terminating cover 48 months after commencement of construction - Whether brokers in breach of duty for failing to inform insurers reinsurance subject to 48 months clause - Whether insurers negligent - Whether negligence constituted contributory negligence -Whether damages should be apportioned -Law Reform (Contributory Negligence) Act, 1945

MURPHY v. BRENTWOOD DISTRICT COUNCIL

[1990] 2 Lloyd's Rep. 467

Negligence - Breach of duty of care - Design for foundation of house approved by local authority on negligent advice of independent contractor - Design defective - Extensive damage caused to house - House sold in damaged condition - Whether occupier entitled to damages for diminution in value of house and other losses - Whether local authority liable in negligence.

I.E. CONTRACTORS LTD. v. LLOYDS BANK PLC. AND RAFIDAIN BANK

[1990] 2 Lloyd's Rep. 496

Banking - Performance bonds - Counter-guarantees - Construction of poultry slaughterhouses in Iraq - Demands made under performance bonds - Whether demands valid - Whether demands on counter-guarantee valid.

BANCO ATLANTICO S.A. v. THE BRITISH BANK OF THE MIDDLE EAST

[1990] 2 Lloyd's Rep. 504

Practice - Stay of action - Forum conveniens - Contract for sale of shares in Spanish corporation to buyer in Middle East - Bills of exchange dishonoured - Proper law of contract - Whether Sharjah a more appropriate forum - Whether action should be stayed.

THE “IRAN NABUVAT”

[1990] 2 Lloyd's Rep. 511

Practice - Application for reconsideration of leave to appeal - Dispute between parties as to demurrage - Judgment in default set aside - Plaintiffs granted leave to appeal - Whether defendants’ application for reconsideration of leave to appeal should be granted - R.S.C., O. 59 r. 14(2B).

NATIONAL BANK OF COMMERCE v. NATIONAL WESTMINSTER BANK

[1990] 2 Lloyd's Rep. 514

Banking - Limitation of time - Defendants debited plaintiffs’ account with mail transfer orders - Plaintiffs alleged that MTOs ineffective and demanded repayment - Whether plaintiff’s action statute barred.

A COMPANY LTD. v. REPUBLIC OF X

[1990] 2 Lloyd's Rep. 520

Practice - Mareva injunction - State immunity - Plaintiffs alleged breach of agreement by republic and obtained Mareva injunction against republic - Whether republic entitled to claim immunity - Whether injunction should be discharged or varied - State Immunity Act 1978, ss. 1, 2 - Diplomatic Privileges Act, 1964.

ANANGEL ATLAS COMPANIA NAVIERA S.A. AND OTHERS v. ISHIKAWAJIMA-HARIMA HEAVY INDUSTRIES CO. LTD. (No. 2)

[1990] 2 Lloyd's Rep. 526

Shipbuilding contract - Validity - Defendants to build four vessels for plaintiffs - Letters providing that plaintiffs entitled to “most favoured customer” treatment - Price differential between plaintiffs’ vessels and vessels built for other buyers - Whether letters constituted binding contract - Whether plaintiffs entitled to reimbursement of price differential and/or damages.

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