i-law.com

THE “MAHKUTAI”

[1996] 2 Lloyd's Rep 1

Bill of lading - Jurisdiction clause - Himalaya clause - Dispute under bills of lading to be determined in Indonesia - Shipowners not party to bills of lading - Cargo damaged by seawater - Cargo-owners brought action in Hong Kong - Shipowners applied for stay of action - Whether shipowners could invoke exclusive jurisdiction clause under Himalaya clause or under bailment.

REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”) (No. 2)

[1996] 2 Lloyd's Rep 12

Admiralty practice - Res judicata - Waiver - Estoppel - Carriage by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether plaintiffs’ action barred by res judicata under s. 34 - Whether defendants waived rights or were estopped from relying on s. 34 - Civil Jurisdiction and Judgments Act, 1982, s. 34. Admiralty practice - Actions in rem and personam - Res judicata - Carriage by sea - Damage to goods - Judgment obtained in action in personam in India - Action in rem brought in England - Whether English action barred by res judicata under s. 34 - Whether proceedings in English action brought on same cause of action between same parties as proceedings in India - Whether English proceedings should be struck out - Civil Jurisdiction and Judgments Act, 1982, s. 34.

HIGHAM v. STENA SEALINK LTD.

[1996] 2 Lloyd's Rep 26

Practice - Limitation of time - Personal injury - Plaintiff injured on defendants’ ferry - Action for negligence and breach of statutory duty brought over two years later - Plaintiff’s claim issued outside time limit laid down in Athens Convention - Whether plaintiff could rely on s. 33 of the Limitation Act, 1980 - Whether s. 39 excluded application of 1980 Act to the Convention.

MARCHANT & ELIOT UNDERWRITING LTD. v. HIGGINS

[1996] 2 Lloyd's Rep 31

Lloyd’s litigation - Cash call - Summary judgment - Defendant appointed plaintiffs as managing agent on terms of standard agreement - Managing agents made cash call on defendant pursuant to cl. 7 - Defendant pleaded art. 85 of Treaty of Rome - Whether cl. 7 prohibited as incompatible with common market - Whether defendant had arguable defence - Whether plaintiff entitled to summary judgment.

THE “POLESSK” AND “AKADEMIK IOSIF ORBELI”

[1996] 2 Lloyd's Rep 40

Admiralty practice - Forum non conveniens - Jurisdiction - Stay of action - Plaintiffs’ cargo totally lost when Russian vessel sank in South Atlantic - Whether Russian Court more appropriate for trial of action - Whether there was some special circumstance which required that the trial should take place in England - Whether actions should be stayed.

THE “RIVER GURARA”

[1996] 2 Lloyd's Rep 53

Carriage by sea - Limitation of liability - “Package” - Goods containerized - Bills of lading stated number of containers and/or pallets and quantified number of goods loaded therein - Vessel sank with total loss of cargo - Whether container to be treated as sole package - Whether defendants entitled to limit liability by reference to number of containers - Hague Rules art. IV, r. 5. Bill of lading - Exclusion clause - Limitation of liability - Clause provided if container not packed by carrier, container to be treated as a package - Whether defendants could rely on clause - Whether clause contrary to art. III, r. 8 of the Hague Rules and therefore void.

HYUNDAI MERCHANT MARINE CO. LTD. v. KARANDER MARITIME INC. (THE “NIIZURU”)

[1996] 2 Lloyd's Rep 66

Charter-party (Time) - Laycan narrowing provision - Condition precedent - Owners gave charterers 10 days notice of vessel’s delivery instead of 25 days - Whether laycan narrowing provision a condition precedent - Whether charterers could recover hire payable in respect of the 25 days notice they should have received - Whether laycan validly narrowed.

LA FONTANA NOVELA v. E.G. CORNELIUS & CO. LTD. (THE “PEACEVENTURE L”)

[1996] 2 Lloyd's Rep 75

Arbitration - Award - Technical misconduct - Application to set aside - Arbitrators found vessel unseaworthy and that owners failed to exercise due diligence - Allegation by owners that such findings made pursuant to points not raised until final address by charterers which owners had no opportunity to address - Whether award should be set aside for technical misconduct.

YONA INTERNATIONAL LTD. AND HEFTSIBA OVERSEAS WORKS LTD. v. LA RÉUNION FRANÇAISE SOCIÉTÉ ANONYME D’ASSURANCES ET DE RÉASSURANCES AND OTHERS

[1996] 2 Lloyd's Rep 84

Insurance (CEND) - Indemnity - Political risks - Plaintiffs lost investment in timber concession in Liberia resulting from overthrow of government by insurrectionary movement - First defendant and other insurance companies formed pool - PARIS underwrote on behalf of pool - Scope of PARIS’ authority to act on behalf of pool - Whether PARIS gave second defendants authority to offer pool to plaintiffs as insurers - Whether PARIS had authority to do so - Whether plaintiffs entitled to be indemnified for loss.

YONA INTERNATIONAL LTD. AND HEFTSIBA OVERSEAS WORKS LTD. v. LA RÉUNION FRANÇAISE SOCIÉTÉ ANONYME D’ASSURANCES ET DE RÉASSURANCES AND OTHERS

[1996] 2 Lloyd's Rep 112

Practice Statement - Court of Appeal Authorities

CHARTER REINSURANCE CO. LTD. v. FAGAN

[1996] 2 Lloyd's Rep 113

Reinsurance - Indemnity - Excess of loss - “Actually paid” - Construction - Reinsurance of whole account and aviation contracts - Losses arose on business underwritten by reinsured - Whether reinsurers liable to indemnify reinsured in respect of sums which reinsured had not yet paid, although amount of loss agreed.

THE “KOSCIERZYNA” AND “HANJIN SINGAPORE”

[1996] 2 Lloyd's Rep 124

Collision - Overtaking vessel - Liability - Collision in Bay of Biscay - Overtaking vessel substantially to blame - Overtaken vessel found not to be at fault in failing to take avoiding action - Whether overtaken vessel should have taken such action as would best aid in avoiding collision - Apportionment of liability.

STOCZNIA GDANSKA S.A. v. LATVIAN SHIPPING CO., LATREEFERS INC. AND OTHERS

[1996] 2 Lloyd's Rep 132

Shipbuilding contract - Default in payment - Rescission - Shipbuilders to build six refrigerated cargo vessels - Payment in instalments - Notice given of keel laying for hulls 1 and 2 - Instalment not paid - Contract rescinded - Whether shipbuilders entitled to recover keel laying instalment.

ULTISOL TRANSPORT CONTRACTORS LTD. v. BOUYGUES OFFSHORE S.A. AND COMITÉ D’ÉTUDES ET DE SERVICES DES ASSUREURS MARITIMES ET TRANSPORTS DE FRANCE

[1996] 2 Lloyd's Rep 140

Towage - Jurisdiction clause - Construction - Contract for towage of barge - Disputes to be referred to the High Court in London - Barge grounded after towline parted - Barge-owners brought action in South Africa - Whether barge-owners in breach of towage contract. Admiralty practice - Towage contract - Injunction - Jurisdiction clause -Disputes to be referred to the High Court in London - Barge grounded after towline parted - Barge-owners brought proceedings in South Africa - Whether barge-owners in breach of jurisdiction clause - Whether injunction should be granted to restrain barge-owners from continuing such proceedings.

BOUYGUES OFFSHORE AND ANOTHER v. THE OWNER OF THE M/T TIGR ULTISOL TRANSPORT CONTRACTORS LTD.

[1996] 2 Lloyd's Rep 153

MEDORA SHIPPING INC. v. NAVIX LINE LTD. AND NAVIOS CORPORATION (THE “TIMAWRA”)

[1996] 2 Lloyd's Rep 166

Charter-party (Time) - Drydocking - Damages - Calculation - Arbitrators excluded July drydocking from their calculations - Whether arbitrators had erred in law.

FYFFES GROUP LTD. AND CARIBBEAN GOLD LTD. v. REEFER EXPRESS LINES PTY. LTD. AND REEFKRIT SHIPPING INC. (THE “KRITI REX”)

[1996] 2 Lloyd's Rep 171

Contract of affreightment - Breach - Damages - Contract for carriage of bananas - Vessel suffered engine failure - Failure to tender vessels for loading - Whether vessel unseaworthy - Whether time charterers in breach of art. III, r. 1 of Hague-Visby Rules - Whether time charterers in breach of implied obligation to proceed with all despatch - Issues as to remoteness of damages, causation, mitigation and quantum. Bill of lading - Non-delivery - Damages - Contract for carriage of bananas - Vessel suffered engine failure - Failure to deliver goods at destination - Bill of lading holders claimed damages from shipowners - Issues as to remoteness of damages, causation, mitigation and quantum. Contribution proceedings - Indemnity - Liability to sub-charterers - Contract for carriage of bananas - Vessel suffered engine failure - Failure to tender vessel for loading and failure to deliver goods at destination - Whether time charterers entitled to be indemnified by shipowners against time charterers’ liability to sub-charterers - Issues as to remoteness and mitigation.

E.D. & F. MAN SHIP LTD. v. KVAERNER GIBRALTAR LTD. (THE “ROTHNIE”)

[1996] 2 Lloyd's Rep 206

Contract - Jurisdiction - Ship repairs - Parties agreed to submit to non-exclusive jurisdiction of Courts of Gibraltar - Dispute concerning work carried out to vessel - Action brought in England - Whether Gibraltar more appropriate forum - Whether action should be stayed.

NATIONAL SEMICONDUCTORS (UK) LTD. v. UPS LTD. AND INTER CITY TRUCKS LTD.

[1996] 2 Lloyd's Rep 212

Carriage by road - CMR - Wilful misconduct - Carriage of semiconductors to Italy - Lorry and trailer parked unattended in unnamed street off Via Fantoli - Theft of lorry and trailer - Defendants paid limit of liability under CMR - Whether loss caused by wilful misconduct of driver - Whether plaintiffs entitled to recover full value of loss - CMR, art. 29.

THE “XIN YANG” AND “AN KANG JIANG”

[1996] 2 Lloyd's Rep 217

Practice - Forum non conveniens - Stay of action - Collision in Holland - Vessel arrested in England - Limitation of liability action brought in Rotterdam - Whether English action should be stayed on the ground of forum non conveniens - Whether Court had jurisdiction to stay action.

VITOL S.A. v. NORELF LTD. (THE “SANTA CLARA”)

[1996] 2 Lloyd's Rep 225

Sale of goods (c.i.f.) - Anticipatory breach - Acceptance - Buyers rejected cargo before loading completed - Neither party took any steps to perform contract - Whether sellers’ conduct amounted to acceptance of anticipatory breach.

AXA REINSURANCE (U.K.) PLC. v. FIELD

[1996] 2 Lloyd's Rep 233

Reinsurance - Lloyd’s litigation - Professional liability insurance - Interaction of limitation of liability clauses in both insurance and reinsurance contracts with the follow settlement clauses.

CREDIT SUISSE v. BOROUGH COUNCIL OF ALLERDALE

[1996] 2 Lloyd's Rep 241

Banking - Guarantee - Ultra vires - Local council guaranteed development company’s liabilities - Whether Council had statutory power to enter into guarantee - Whether Council acting ultra vires - Construction of guarantee - Whether variations in loan agreement discharged liability under guarantee - Whether bank or Council could rely on variations by reason of estoppel, waiver or fraud - Quantum.

COCA COLA FINANCIAL CORPORATION v. FINSAT INTERNATIONAL LTD. AND OTHERS

[1996] 2 Lloyd's Rep 274

Practice - Summary judgment - Guarantee - Counterclaim - Right of set-off - Loan agreement made subject to guarantee - Claims made under guarantee - Whether right of set-off could be excluded by agreement - Whether action should be stayed - Whether defendants entitled to unconditional leave to defend.

BERLINER BANK A.G. v. C. CZARNIKOW SUGAR LTD. (THE “RAMA”)

[1996] 2 Lloyd's Rep 281

Admiralty practice - Maritime lien - Forum non conveniens - Mortgagees obtained sale of chartered vessel - Charterers claimed damages for deceit, negligent misrepresentation and breach of charter - Whether charterers’ claims gave rise to maritime lien - Whether Maritime Court of Panama more appropriate forum - Whether action should be stayed.

ADRIATIC MARE ENTERPRISES S.A. v. NEWCO A.G. (THE “ANANGEL EXPRESS”)

[1996] 2 Lloyd's Rep 299

Charter-party (Time) - Performance guarantee - Validity - Shipowners alleged defendants guaranteed performance obligations of charterers under time charter - Charterers failed to comply with obligations - Shipowners claimed under guarantee - Whether binding contract of guarantee entered into.

FLETAMENTOS MARITIMOS S.A. v. EFFJOHN INTERNATIONAL B.V.

[1996] 2 Lloyd's Rep 304

Arbitration - Arbitrators - Jurisdiction - Co-operation agreement to establish operation of cruise business - Disputed claim as to contribution to balance of purchase price of vessel - Whether arbitrators had jurisdiction to determine claim.

GLENCORE INTERNATIONAL A.G. v. BEOGRADSKA PLOVIDBA (THE “AVALA”)

[1996] 2 Lloyd's Rep 311

Arbitration - Arbitrator - Jurisdiction - Award remitted to arbitrators - Charterers took new point with respect to quantification of the detention damages - Whether arbitrator had jurisdiction to hear new issue - Whether leave to appeal against award should be granted.

CEVAL ALIMENTOS S.A. v. AGRIMPEX TRADING CO. LTD. (THE “NORTHERN PROGRESS”) (No. 2)

[1996] 2 Lloyd's Rep 319

Sale of goods (c.&f.) - Incorporation - Special diversion clause - Conflict in Yugoslavia - Sale contract to incorporate all terms and conditions as per charter-party - Whether special diversion clause in charter incorporated in sale contract - Whether it could be argued that clause not incorporated in bill of lading.

TOTAL INTERNATIONAL LTD. v. ADDAX B.V. (T/A ADDAX B.V. GENEVA BRANCH)

[1996] 2 Lloyd's Rep 333

Sale of goods - Rejection - Breach of conditions - Contract for sale of “straight run fuel oil ex Bonny light crude oil usual Dakar refinery quality” - Receivers rejected cargo as not being “straight run fuel oil” - Whether fuel oil contained “cracked material” - Whether sellers in breach of conditions.

O COMPANY v. M COMPANY

[1996] 2 Lloyd's Rep 347

Practice - Procedure - Discovery - Explosion and/or fire on vessel - Vessel subsequently sank - Cargo irremediably damaged and/or lost - Plaintiffs applied for discovery of documents - Application for discovery of specific classes of documents - Principles applicable.

SLATER AND SLATER AND OTHERS v. FINNING LTD.

[1996] 2 Lloyd's Rep 353

Sale of goods - Implied condition - Fitness for purpose - Sale of camshafts to be fitted to diesel engine - Camshafts failed - Whether camshafts themselves unfit for their intended purpose - Whether failure arose from abnormal feature of vessel not made known to sellers - Whether breach of implied condition - Sale of Goods Act, 1979, s. 14(3).

THE “NAZYM KHIKMET”

[1996] 2 Lloyd's Rep 362

Admiralty practice - Sistership - Arrest of vessel - Validity - Beneficial ownership - Vessel arrested in respect of damage to cargo - Whether vessel in beneficial ownership of defendants - Whether arrest valid - Supreme Court Act, 1981 ss. 20(1), (2), 21(4).

SEATRADE GRONINGEN BV v. GEEST INDUSTRIES LTD. (THE “FROST EXPRESS”)

[1996] 2 Lloyd's Rep 375

Charter-party (Time) - Agency - Unnamed principal - Contract between plaintiffs and defendants for charter of vessel - Plaintiffs’ managing director signed charter - Signature unqualified by reference to plaintiffs or disponent owners - Allegation of damage to cargo - Whether plaintiffs contracted as agents for unnamed principal - Whether plaintiffs personally liable.

COASTAL (BERMUDA) PETROLEUM LTD. v. VTT VULCAN PETROLEUM S.A. (No. 2) (THE “MARINE STAR”)

[1996] 2 Lloyd's Rep 383

Sale of goods (c.i.f) - Non-delivery - Assessment of damages - Defendants’ non-delivery caused plaintiffs’ breach with third party - Plaintiffs claimed loss of profits and loss of yield - Whether available market - Whether loss of profit within parties’ assumed contractual contemplation - Whether plaintiffs liable for loss of yield incurred by third party.

POSEIDON FREIGHT FORWARDING CO. LTD. v. DAVIES TURNER SOUTHERN LTD. AND ANOTHER

[1996] 2 Lloyd's Rep 388

Contract - Freightforwarding - Standard terms - Incorporation - Defendants misdelivered goods - Plaintiffs claimed against defendants - Whether defendants’ standard terms incorporated by means of documents transmitted or by course of dealing - Whether defendants could rely on limitation of time clause in standard terms.

UNICARGO v. FLOTEC MARITIME S. de R.L. AND CIENVIK SHIPPING CO. LTD. (THE “CIENVIK”)

[1996] 2 Lloyd's Rep 395

Practice - Jurisdiction - Order 73, r. 7 - Court made order for inspection of vessel and service of originating summons on defendants - Alleged failure to comply with order - Whether Court had jurisdiction to give leave or permit service out of jurisdiction on second defendants under R.S.C., O. 73, r. 7.

TOTAL TRANSPORT CORPORATION v. ARCADIA PETROLEUM LTD. (THE “EURUS”)

[1996] 2 Lloyd's Rep 408

Charter-party (Voyage) - Voyage instruction clause - Indemnity - Charterers instructed master to delay tender of notice of readiness - Master failed to comply with instruction - Whether charterers entitled to be indemnified - Whether charterers’ instruction in accordance with custom of trade - Whether master’s failure proximate cause of loss - Antedating of bills of lading - Whether loss foreseeable.

JAYAAR IMPEX LTD. v. TOAKEN GROUP LTD. (Trading as HICKS BROTHERS)

[1996] 2 Lloyd's Rep 437

Sale of goods - Contract - Incorporation - Contract for purchase of Nigerian gum arabic - Sellers form of contract provided “IGPA Spot conditions to apply” - Buyers failed to sign, date and return form - Buyers alleged unsatisfactory quality of goods - Dispute referred to arbitration - Whether contract binding on buyers - Whether IGPA spot terms incorporated - Whether arbitrator had jurisdiction.

TRADE STAR LINE CORPORATION v. MITSUI & CO. LTD. MITSUI & CO. LTD. v. J. LAURITZEN A/S (THE “ARCTIC TRADER”)

[1996] 2 Lloyd's Rep 449

Charter-party (Time) - Mate’s receipt - Implied term - Cargo of salt contaminated - Master failed to clause mate’s receipt - Clean bill of lading issued - Time charterers claimed damages - Whether implied term that master under duty to clause mate’s receipts for cargo shipped if not in apparent good order and condition.

FROTA OCEANICA BRASILIERA S.A. AND ANOTHER v. STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. (THE “FROTANORTE”)

[1996] 2 Lloyd's Rep 461

Arbitration - Arbitrator - Appointment - Collision between plaintiffs’ vessel and another - P. & I. Club insured plaintiffs’ vessel for one fourth of collision liability - Running down clause - Claim against club - Whether parties agreed to arbitrate - Allegations of inordinate and inexcusable delay in prosecuting arbitration - Whether application to appoint arbitrator should be granted.

INTERNATIONAL BULK SHIPPING AND SERVICES LTD. v. MINERALS AND METALS TRADING CORPORATION OF INDIA SAME v. PRESIDENT OF INDIA HIMOFF MARITIME ENTERPRISES LTD. v. SAME

[1996] 2 Lloyd's Rep 474

Practice - Limitation of time - Substitution of plaintiffs - Enforcement of arbitration awards - Companies dissolved after awards made but before enforcement proceedings - Whether limitation period expired - Whether leave to substitute trustee in bankruptcy as plaintiffs should be granted - Whether plaintiffs’ names could be corrected to name of trustee in bankruptcy - R.S.C., O. 15, r. 6, O. 20, r. 5.

THE “ANTARES II” AND “VICTORY”

[1996] 2 Lloyd's Rep 482

Collision - Narrow channel - Passing vessels - Liability - Collision in river Great Ouse in Lynn Cut - Whether collision caused by negligence of defendants - Whether plaintiffs’ vessel at fault - Apportionment of liability - Nautical Assessors - Admissibility of expert evidence - Costs where no counterclaim.

TUNSTALL v. DISTRICT JUDGE HOLLOWAY AND JOSEPH PIRT AND CO. (THE “SINCERITY S”)

[1996] 2 Lloyd's Rep 503

Negligence - Duty of care - Damages - Vessel ordered to be arrested - Plaintiffs alleged that in course of immobilization vessel partly flooded - Whether ingress of water caused by defendants’ negligence - Whether plaintiffs guilty of contributory negligence - Correct measure of damages.

NEWCASTLE PROTECTION AND INDEMNITY ASSOCIATION v. V. SHIPS (U.S.A.) INC. AND SHIPPING MANAGEMENT SAM

[1996] 2 Lloyd's Rep 515

Insurance (Marine) - P. & I. risks - Contributions - Vessels entered with plaintiff club - Club claimed unpaid contributions relating to vessels - Whether defendants as managers of vessels liable for such contributions.

CARGILL INTERNATIONAL S.A. ANTIGUA GENEVA BRANCH AND ANOTHER v. BANGLADESH SUGAR & FOOD INDUSTRIES CORPORATION

[1996] 2 Lloyd's Rep 524

Banking - Performance bond - Sale of goods (c.&f.(c.)) - Buyers alleged breach of contract - Buyers suffered no damages but claimed under performance bond - Whether moneys paid under bond to buyers recoverable by sellers.

CROWN RIVER CRUISES LTD. v. KIMBOLTON FIREWORKS LTD. AND LONDON FIRE & CIVIL DEFENCE AUTHORITY

[1996] 2 Lloyd's Rep 533

Negligence - Nuisance - Rylands v. Fletcher principle - Fireworks display on Thames - Fire damage to mooring barge and passenger vessel - Source and causation of fire - Whether first defendants liable in nuisance and under principle in Rylands v. Fletcher - Whether damage to vessels caused by second defendants’ negligent failure to properly extinguish initial fire on mooring barge - Contribution between defendants.

NAPIER v. UNUM LTD. (formerly NEL PERMANENT HEALTH INSURANCES LTD.)

[1996] 2 Lloyd's Rep 550

Insurance (Permanent Health) - Benefits - Non-payment - Cover provided against total inability by reason of sickness to follow his occupation - Plaintiff claimed under policy - Whether policy required insurers to pay on proof satisfactory to them of insured’s entitlement to benefit - Whether insurers could recover over-payment.

A/S D/S SVENDBORG AND ANOTHER v. WANSA (Trading as MELBORNE ENTERPRISES) ESTONIAN SHIPPING CO. LTD. v. WANSA (Trading as D. & M. IMPEX) A/S D/S SVENDBORG AND ANOTHER v. AWADA AND OTHERS

[1996] 2 Lloyd's Rep 559

Practice - Mareva injunctions - Anti-suit injunctions - Forum non conveniens - Contract for carriage of goods by sea - Exclusive jurisdiction clause - Claims for fraudulent misrepresentation or deceit and shortage - Actions commenced in Sierra Leone - Whether anti-suit and Mareva injunctions should be granted - Whether England more appropriate forum - Whether judgment in default should be set aside.

AIKEN AND OTHERS v. STEWART WRIGHTSON MEMBERS AGENCY LTD. AND OTHERS

[1996] 2 Lloyd's Rep 577

Practice - Lloyd’s litigation - Interim payment - Reinsurance - Dispute between plaintiff Names and defendant members’ agents and managing agents - Interim payments ordered to be paid to plaintiffs - Whether interim payments should be made on basis of calls which had been made on Names.

INDUSTRIAL MARITIME CARRIERS (BAHAMAS) INC. v. SINOCA INTERNATIONAL INC. (THE “EASTERN TRADER”)

[1996] 2 Lloyd's Rep 585

Charter-party (Voyage) - Jurisdiction - Injunction - Dispute under charter-party - Whether proceedings commenced by defendant in Algeria in respect of disputes which defendant agreed to arbitrate in London - Whether plaintiff submitted to jurisdiction of Algerian Court - Whether plaintiff entitled to interlocutory injunction restraining defendant from enforcing Algerian judgment - Whether Court could correct name of plaintiff.

YUKONG LINE LTD. OF KOREA v. RENDSBURG INVESTMENTS CORPORATION OF LIBERIA AND OTHERS

[1996] 2 Lloyd's Rep 604

Charter-party (Time) - Repudiation - Affirmation - Construction of telexes exchanged by parties - Charterers advised owners they would be unable to perform charter - Whether charterers in repudiatory breach - Whether owners affirmed charter.

TURKIYE IS BANKASI AS v. BANK OF CHINA

[1996] 2 Lloyd's Rep 611

Banking - Counter-guarantees - Enforcement - Counter-guarantees provided to back performance bonds to secure obligations under building contracts - Demands made under performance bonds - Whether demands fraudulent - Whether plaintiffs bound to pay under performance guarantee - Whether counter-guarantees could be enforced.

PAUL TUDOR JONES II AND MARSH & McLENNAN INC. v. CROWLEY COLOSSO LTD.

[1996] 2 Lloyd's Rep 619

Insurance (CAR) - Insurance brokers - Negligence - Breach of duty of care - Development works and marina insured - Cover excluded if certificate of completion issued - Whether brokers in breach of duty in allowing clause to be included in policy - Whether chain of causation broken - Contributory negligence - Apportionment of damages.

COMMERCIAL UNION ASSURANCE CO. PLC. AND OTHERS v. MANDER

[1996] 2 Lloyd's Rep 640

Practice - Procedure - Privilege - Application for inspection of documents - Dispute under shipbuilding contract - Insurers entered into settlement agreement with insured and claimed against reinsurers - Whether documents relating to questions concerning insurers’ liability under original policy and settlement negotiations relevant - Whether documents privileged - Whether reinsurers entitled to inspect documents.

LONRHO EXPORTS LTD. v. EXPORT CREDIT GUARANTEE DEPARTMENT

[1996] 2 Lloyd's Rep 649

Insurance (ECG) - Interest - Recoveries - ECGD guaranteed payment of debts due from foreign debtors to United Kingdom exporters - Non-payment of debts - Payment made by foreign state - Whether such payment constituted a recovery - Whether excess of recoveries due held on trust - Whether U.K. exporter had a proprietary interest in the payment - Whether U.K. exporter entitled to interest on their share of recoveries in respect of the period between receipt and disbursement of them by ECGD.

HUGHES v. CLEWLEY (THE “SIBEN”)

[1996] 2 Lloyd's Rep 667

Admiralty practice - Inquiry into damages - Injunction - Discharge of injunction - Defendant alleged damages suffered in complying with injunction - No express undertaking in damages given by plaintiff - Whether undertaking could be implied - Whether Court had power to order person who had wrongly invoked process of Court to pay damages for loss which resulted.

Lloyd's Law Reports