i-law.com

CRÉDIT LYONNAIS v. NEW HAMPSHIRE INSURANCE CO.

[1997] 2 Lloyd's Rep 1

Insurance (Bankers Blanket Bond) - Choice of law - Worldwide insurance programme - Coverage under policies applied exclusively and expressly in United Kingdom - No choice of law clause - Plaintiffs claimed under policies for alleged fraud - Whether proper law of policies French law and claims therefore time barred.

AIRBUS INDUSTRIE GIE v. PATEL AND OTHERS

[1997] 2 Lloyd's Rep 8

Carriage by air - Jurisdiction - Anti-suit injunction - Air crash in India - English claimants commenced proceedings in Texas - Application for injunction restraining claimants from proceeding with action in Texas - Whether Court had jurisdiction to grant injunction to restrain foreign proceedings - Whether application for injunction should be granted.

YORKSHIRE WATER SERVICES LTD. v. SUN ALLIANCE & LONDON INSURANCE PLC AND OTHERS

[1997] 2 Lloyd's Rep 21

Insurance (Public Liability) - Indemnity - Implied term - Embankment of waste tip failed and vast quantity of sewage sludge deposited in river - Plaintiffs carried out flood alleviation works - Whether plaintiffs entitled to recover under insurance policies cost of remedial works - Whether term to be implied that insured would make reasonable efforts to prevent or minimize loss which might fall on insurer and be indemnified in respect of costs so incurred.

THE “KALININGRAD” AND “NADEZHDA KRUPSKAYA”

[1997] 2 Lloyd's Rep 35

Contract - Breach - Inducement of breach - Plaintiffs in competition with defendants - Plaintiffs sub-sub-chartered the defendants’ vessel - Defendants refused to allow performance and “withdrew” vessel - Whether plaintiffs entitled to damages for inducement of breach of contract.

PROTANK SHIPPING INC. v. TOTAL TRANSPORT CORPORATION (THE “PROTANK ORINOCO”)

[1997] 2 Lloyd's Rep 42

Charter-party (Voyage) - Cargo retention clause - Construction - Vessel discharged cargo of oil - Cargo surveyors issued documents relating to cargo remaining on board - Whether documents provided determination or estimates entitling charterers to make deductions from freight - Whether charterers entitled to deduct from freight if no determination or estimate by an independent surveyor.

SONICARE INTERNATIONAL LTD. v. EAST ANGLIA FREIGHT TERMINAL LTD. AND OTHERS AND NEPTUNE ORIENT LINES LTD. (THIRD PARTY)

[1997] 2 Lloyd's Rep 48

Carriage by sea - Bill of lading - Title to sue - Bailment - Limitation of liability - Plaintiffs’ goods shipped on third party’s vessel - Goods disappeared from first defendants’ warehouse - Whether plaintiffs had title to sue - Whether first defendants liable in bailment and owed duty of care to plaintiffs - Whether National Association of Warehouse Keepers’ conditions unreasonable within meaning of Unfair Contract Terms Act, 1977 - Whether first defendants entitled to limit liability - Whether first defendants entitled to be indemnified by third party.

CORY BROTHERS SHIPPING LTD. v. BALDAN LTD.

[1997] 2 Lloyd's Rep 58

Carriage by sea - Freight forwarders - Custom or trade usage - Freight forwarders arranged for shipment of goods - Non-payment of freight - Whether custom or trade usage that freight forwarder who booked cargo space personally liable for freight - Whether defendants gave reasonable notice they were booking space as agents only - Whether defendants acting as principals.

DEAVILLE AND OTHERS v. AEROFLOT RUSSIAN INTERNATIONAL AIRLINES

[1997] 2 Lloyd's Rep 67

Carriage by air - Jurisdiction - Anti-suit injunction - Declaratory judgment - Application for stay of action - Aeroflot flight crashed killing passengers and crew - Dependants and relatives brought action in France and England - Whether English proceedings should be stayed - Whether defendants entitled to anti-suit injunction restraining plaintiffs pursuing the French proceedings - Principles of comity - Whether defendants entitled to declaratory judgment that claim governed by Warsaw Convention - Warsaw Convention, art. 28 - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21, 22, 57.

ABNETT (KNOWN AS SYKES) v. BRITISH AIRWAYS PLC. SIDHU AND OTHERS v. SAME

[1997] 2 Lloyd's Rep 76

SEACONSAR FAR EAST LTD. v. BANK MARKAZI JOMHOURI ISLAMI IRAN

[1997] 2 Lloyd's Rep 89

Banking - Letter of credit - Article 16 of UCP 400 - Construction - Plaintiffs made two presentations under letter of credit issued by defendants - Whether documents rejected in accordance with art. 16 - Whether oral rejection valid under art. 16 - Whether plaintiffs entitled to claim interest.

TOEPFER INTERNATIONAL G.m.b.H. v. SOCIÉTÉ CARGILL FRANCE

[1997] 2 Lloyd's Rep 98

Sale of goods (c.i.f.) - Arbitration agreement - Breach - Anti-suit injunction - Sale of soya bean meal pellets - Dispute as to condition of cargo - Defendants brought emergency and substantive proceedings in French Courts - Whether disputes should have been referred to arbitration - Whether defendants in breach of arbitration agreement - Whether plaintiffs entitled to injunction restraining defendants from continuing proceedings in France - Whether art. 1.4 of Brussels Convention applicable.

WAILES v. STAPLETON CONSTRUCTION AND COMMERCIAL SERVICES LTD. AND UNUM LTD.

[1997] 2 Lloyd's Rep 112

Insurance (Permanent Health) - Costs - Standard or indemnity basis - Plaintiff insured by defendants for permanent health - Plaintiff claimed under policy - Investigation of claim by defendants - Claim eventually settled - Whether plaintiff’s costs payable on standard or indemnity basis.

EXCESS INSURANCE CO. LTD. AND ANOTHER v. MANDER

[1997] 2 Lloyd's Rep 119

Reinsurance - Arbitration clause - Incorporation - Stay of action - Dispute under retrocession and XOL treaty - Retrocession incorporated “all terms, clauses, conditions and warranties” of XOL treaty - Whether arbitration clause in XOL treaty incorporated - Whether stay of proceedings should be granted.

TURNER v. STEVENAGE BOROUGH COUNCIL

[1997] 2 Lloyd's Rep 129

Arbitration - Arbitrator - Removal - Misconduct - Interim payment - Rent review clause - Parties unable to agree on revised rent and dispute referred to arbitration - Arbitrator demanded interim payment in respect of his fees and threatened resignation if not complied with - Whether misconduct - Defendants paid majority of fees to arbitrator and arbitrator retained it for period of time before returning it - Whether misconduct - Whether arbitrator should be removed.

PENINSULAR AND ORIENTAL STEAM NAVIGATION CO. AND OTHERS v. YOUELL AND OTHERS

[1997] 2 Lloyd's Rep 136

Insurance (Marine) - Liability insurance - Indemnity - Cruise voyages disrupted and plaintiffs paid passengers compensation - Plaintiffs claimed recovery of amount paid under liability insurance - Whether plaintiffs had to establish legal liability in respect of third party claims - Whether underwriters entitled to equitable set-off in respect of repayment of moneys paid on account in similar claim on a subsequent year.

PROMET ENGINEERING (SINGAPORE) PTE. LTD. v. STURGE AND OTHERS (THE “NUKILA”)

[1997] 2 Lloyd's Rep 146

Insurance (Marine) - Inchmaree clause - Insured peril - Fatigue cracks in legs of accommodation platform - Whether vessel sustained damage - Whether covered by Inchmaree clause - Whether damage caused by insured peril - Whether assured could claim under sue and labour clause - Whether assured could recover survey costs and photocopying and stationery expenses.

DIGITAL EQUIPMENT CO. LTD. v. HAMPSHIRE COUNTY COUNCIL CAPITAL & COUNTIES PLC v. SAME JOHN MUNROE (ACRYLICS) LTD. v. LONDON FIRE BRIGADE AND CIVIL DEFENCE AUTHORITY AND OTHERS CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (GREAT BRITAIN) v. WEST YORKSHIRE FIRE & CIVIL DEFENCE AUTHORITY

[1997] 2 Lloyd's Rep 161

Negligence - Duty of care - Statutory duty - Fire brigades called out to fight fires - Allegation that fire brigade negligent in fighting fire - Whether fire brigade under common law duty - Duty of care to answer calls to fires or to take reasonable care to do so - Whether duty to take care owed to owners of property on fire - Whether fair and reasonable to impose duty to take care - Whether immunity conferred on fire brigade for breach of statutory duty or negligence - Whether right of private action conferred on party injured by breach of duty of care by fire brigade - Fire Services Act, 1947, ss. 13, 30.

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

[1997] 2 Lloyd's Rep 183

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.

ROSS v. OWNERS OF THE SHIP “BOWBELLE” AND ANOTHER

[1997] 2 Lloyd's Rep 191

Practice - Costs - Interest on costs - Collision between Marchioness and Bowbelle - Plaintiff on Marchioness awarded damages for post-traumatic stress disorder and costs - Whether interest on costs payable from date of order for costs to be taxed.

ROSS v. OWNERS OF BOWBELLE AND ANOTHER

[1997] 2 Lloyd's Rep 196

ROWAN COMPANIES INC. AND ROWAN DRILLING U.K. LTD. v. LAMBERT EGGINK OFFSHORE TRANSPORT CONSULTANTS VOF KIRKSTEAD LTD. AND J.C.E. SHIPPING LTD. (THE “GILBERT ROWE”)

[1997] 2 Lloyd's Rep 218

Admiralty practice - Joinder of parties - Limitation of time - Contract for towage of jack-up rig entered into between plaintiffs and a VOF a form of partnership under Dutch law - Rig grounded outside Europoort - Plaintiffs claimed against VOF for alleged breach of contract - VOF dissolved - Whether partners in VOF could be joined in action - Whether action time barred against partners.

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

[1997] 2 Lloyd's Rep 228

Shipbuilding contracts - Damages - Assessment - Contract for building six ships - Buyers failed to pay second instalment - Yard exercised right to rescind contract and claim damages - Damages to be assessed in accordance with contractual terms - Whether open to yard to amend pleadings to allege an anterior repudiatory breach and claim damages at common law.

PRACTICE DIRECTION

[1997] 2 Lloyd's Rep 240

A. MEREDITH JONES & CO. LTD. v. VANGEMAR SHIPPING CO. LTD. (THE “APOSTOLIS”)

[1997] 2 Lloyd's Rep 241

Carriage by sea - Unseaworthiness - Damage to cargo - Fire on board vessel damaged plaintiffs’ cargo - Whether welding operations carried out on deck - Whether vessel unseaworthy - Whether fire caused with actual fault or privity of owners - Whether owners in breach of art. III, rr. 1, 2 of Hague-Visby Rules - Whether owners could rely on art. IV, r. 2.

McFARLANE v. WILKINSON AND ANOTHER AND HEGARTY v. E. E. CALEDONIA LTD.

[1997] 2 Lloyd's Rep 259

Negligence - Professional negligence - Application to strike out - Piper Alpha rig disaster - Plaintiff alleged he suffered serious psychiatric harm which caused him loss and damage - Claim against operators of rig failed - Whether legal representatives negligent in not including alternative claim for breach of statutory duty - Whether action should be struck out. Damages - Personal injury - Breach of statutory duty - Breach of duty of care - Piper Alpha disaster - Support vessel went to assistance - Plaintiff on support vessel claimed to be suffering from symptoms of post traumatic stress syndrome - Whether defendant owners of Piper Alpha owed plaintiff duty of care - Whether defendants in breach of statutory duty - Offshore Installations (Operational Safety, Health and Welfare) Regulations, 1976.

SCHIFFAHRTSGESELLSCHAFT DETLEV VON APPEN G.m.b.H. v. VOEST ALPINE INTERTRADING G.m.b.H. SAME v. WIENER ALLIANZ VERSICHERUNGS A.G. AND VOEST ALPINE INTERTRADING G.m.b.H.

[1997] 2 Lloyd's Rep 279

Practice - Writ - Service out of jurisdiction - Application to set aside - Damage caused to cargo by fire - Insurers launched proceedings in Brazil - Whether in breach of arbitration clause - Whether claims within R.S.C., O. 11, r. 1(1)(d) - Whether plaintiffs had good arguable case against insurers to enforce arbitration agreement - Whether plaintiffs entitled to anti-suit injunction - Whether service out of jurisdiction should be set aside.

WILANDER AND NOVACEK v. TOBIN AND JUDE

[1997] 2 Lloyd's Rep 293

Practice - Application to strike out - Application to amend - Plaintiffs facing disciplinary proceedings on the charge of taking prohibited drugs - Disciplinary proceedings instituted by defendants under r. 53 of the International Tennis Federation - Allegation in statement of claim that r. 53 void as an unreasonable restraint of trade struck out - Whether right to do so - Whether plaintiffs should be permitted to plead that r. 53 contravened arts. 48, 59, 85 and 86 of the European Community Treaty of Rome.

FLETAMENTOS MARITIMOS S.A. v. EFFJOHN INTERNATIONAL B.V. (No. 2)

[1997] 2 Lloyd's Rep 302

Arbitration - Arbitrators - Procedural mishap - Dispute between parties referred to arbitration - Application for discovery refused - Whether tribunal misunderstood application for discovery - Umpire’s participation in discovery issue - Whether arbitrators and umpire should be removed - Whether decision of tribunal should be set aside.

PETROLEUM SHIPPING LTD. v. VATIS (Trading as KRONOS MANAGEMENT) (THE “RIZA”) LINER SHIPPING LTD. v. SAME (THE “SUN”)

[1997] 2 Lloyd's Rep 314

Charter-party - Repudiation - Personal liability - Contracts for charter of plaintiffs’ vessels - Management company charters - Whether defendant personally liable on charters - Quantification of claim - Claims as to hire, Italian dues and damages.

GEORGIAN MARITIME CORPORATION v. SEALAND INDUSTRIES (BERMUDA) LTD. (THE “NORTH SEA”)

[1997] 2 Lloyd's Rep 324

Charter-party (Time) - Cancellation - Non-delivery - Vessel chartered for one time charter trip - Charterers failed to identify where delivery was to take place - Vessel not delivered by cancelling date - Whether charterers entitled to cancel charter - Whether failure to have on board bunkers in quantities complying with provisions in charter justified charterers in cancelling charter.

SOINCO SACI AND EURAL KFT v. NOVOKUZNETSK ALUMINIUM PLANT BASE METAL TRADING LTD. BASE METAL TRADING (U.K.) LTD. ROSSE METAL UK LTD. AND BASE METAL TRADING (GUERNSEY) LTD.

[1997] 2 Lloyd's Rep 330

Practice - Jurisdiction - Receiver - Appointment - Application for appointment of receiver by way of equitable execution to receive payments due and which might in future become due from fifth defendants to first defendants - Whether Court had jurisdiction to make appointment - Whether jurisdiction should be so exercised.

HANJIN SHIPPING CO. LTD. v. PROCTER & GAMBLE (PHILIPPINES) INC. SIGNCOURT LTD. (TRADING AS BRADKEYNE INTERNATIONAL) RGV CONTAINER LINES INC. AND UNISERVE LTD.

[1997] 2 Lloyd's Rep 341

Practice - Interpleader relief - Carriage by sea - Sale of goods (f.o.b.) - Sellers ordered goods to be returned to them - Goods held in bonded storage - Shipowners incurred carriage and storage costs - Terms on which goods should be released - Whether shipowners entitled to interpleader relief.

BANQUE CANTONALE VAUDOISE v. WATERLILY MARITIME INC. AND OTHERS

[1997] 2 Lloyd's Rep 347

Banking - Jurisdiction - Anti-suit injunction - Loan agreement - Conferring jurisdiction concluded for benefit of bank only - Bank alleged default under loan and commenced proceedings in England - Bank commenced proceedings in Greece to enforce mortgage - Defendants commenced proceedings - Possibility of conflicting judgments - Whether defendant should be restrained from proceeding in Greece - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 21, 22.

NAPORANO IRON & METAL CO. v. SIVAS IRON & STEELWORKS INC.

[1997] 2 Lloyd's Rep 359

Arbitration - Award - Remission - Parties disagreed as to terms of contract - Dispute referred to arbitration - Arbitrators made interim award in favour of claimants - Respondent’s alleged misunderstanding as to what it was being asked by the arbitrators - Whether award should be remitted.

PRACTICE DIRECTION

[1997] 2 Lloyd's Rep 364

Commercial Summonses - Time estimates

PRACTICE DIRECTION

[1997] 2 Lloyd's Rep 365

Guide to Commercial Court Practice; Fourth Edition

PRACTICE DIRECTION

[1997] 2 Lloyd's Rep 366

ABRIDGED TAXATION OF COSTS PROCEDURE IN THE COMMERCIAL COURT

LACEYS FOOTWEAR (WHOLESALE) LTD. v. BOWLER INTERNATIONAL FREIGHT LTD. AND ANOTHER

[1997] 2 Lloyd's Rep 369

Carriage by road - CMR - Limitation of liability - Carriage of consignment of goods from Alicante to London - Consignment stolen - Carriers failed to effect insurance - Plaintiffs claimed damages - Whether plaintiffs had proved wilful misconduct on part of carriers’ driver in allowing vehicle to be diverted - Whether defendants’ liability limited or fixed by CMR terms - Whether carriers’ terms and conditions applied to contract of carriage - Whether carriers entitled to limit liability despite failure to insure goods - CMR arts. 23, 27 and 29.

GLENCORE GRAIN ROTTERDAM B.V. v. LEBANESE ORGANISATION FOR INTERNATIONAL COMMERCE (LORICO)

[1997] 2 Lloyd's Rep 386

Sale of goods (f.o.b.) - Letter of credit - Non-contractual - Contract for sale of wheat - Payment to be by irrevocable letter of credit - Sellers alleged letter of contract non-contractual in that it contained term that payment to be made against bills of lading marked “freight pre-paid” - Whether sellers justified in failing to load vessel.

THE THOMAS COOK GROUP LTD. AND OTHERS v. AIR MALTA CO. LTD. (Trading as AIR MALTA)

[1997] 2 Lloyd's Rep 399

Carriage by air - Limitation of liability - Wilful misconduct - Banknotes stolen from room within import cargo warehouse at Malta Airport - Whether carriers liable for loss - Whether carriers guilty of breaches of contract or breaches of duty which constituted wilful misconduct - Whether carriers entitled to limit liability - Unamended Warsaw Convention, arts. 18(1), 20(1), 22(2) and 25.

NORTH SEA ENERGY HOLDINGS N.V. v. PETROLEUM AUTHORITY OF THAILAND

[1997] 2 Lloyd's Rep 418

Contract - Supply agreement - Side letter - Construction - Agreement for supply of crude oil - Side letter agreed to provide confirmation - Obligations required to be performed prior to confirmation - Defendants repudiated agreement - Whether in breach - Whether plaintiffs entitled to damages based on third party offer - Whether plaintiffs could claim damages on loss of profit basis.

STATE OF THE NETHERLANDS (REPRESENTED BY THE MINISTER OF DEFENCE) v. YOUELL AND HAYWARD AND OTHERS

[1997] 2 Lloyd's Rep 440

Insurance (Marine) - Sue and labour - Joint or composite policies - Wilful misconduct - Contract for building of two submarines for Dutch navy - Submarines suffered debonding and cracking in paintwork - Whether navy and yard joint assured - Whether plaintiffs guilty of wilful misconduct - Whether conduct of yard relevant - Whether underwriters entitled to deny liability - Whether plaintiffs failed to take steps to minimize damages - Marine Insurance Act, 1906 ss. 55(2)(a) and 78(4).

VELOS GROUP LTD. AND OTHERS v. HARBOUR INSURANCE SERVICES LTD.

[1997] 2 Lloyd's Rep 461

Insurance (Marine) - Insurance brokers - Commission - Title to sue - Brokers placed plaintiffs’ insurance with underwriters - 12-month policy cancelled after five months - Brokers retained part of return premium as balance of commission due in respect of 12-month policy - Whether privity of contract between brokers and owners - Whether brokers had title to sue - Whether brokers entitled to retain moneys.

THE “TJASKEMOLEN” (Now named “VISVLIET”)

[1997] 2 Lloyd's Rep 465

Admiralty practice - Arrest of vessel - Security - Ownership of vessel - Application to discharge or reduce amount of security - Whether affidavit stated nature of claim - Defendants alleged vessel sold at time writ of summons issued - Whether transaction a sham or façade - Whether amount of security should be reduced.

THE “TJASKEMOLEN” (Now named “VISVLIET”) (No. 2)

[1997] 2 Lloyd's Rep 476

Admiralty practice - Arrest of vessel - Security - Application to discharge or reduce security - Vessel arrested in Rotterdam but released by order of Rotterdam Court on application of owners - Whether plaintiffs showed good reason for maintaining arrest - Whether arrest of vessel in Liverpool abuse of process of Court - Whether security should be discharged.

BOUYGUES OFFSHORE S.A. v. CASPIAN SHIPPING CO. AND OTHERS (NO. 2)

[1997] 2 Lloyd's Rep 485

Towage contract - Anti-suit injunction - Jurisdiction clause - Loss of barge under tow - Owners of barge claimed damages - Proceedings brought in South Africa - Whether injunction should be granted restraining plaintiffs pursuing action in South Africa - Whether tug-owners could rely on jurisdiction clause in towage contract.

BOUYGUES OFFSHORE S.A. v. CASPIAN SHIPPING CO. AND OTHERS (NO. 3)

[1997] 2 Lloyd's Rep 493

Admiralty practice - Third party notices - Application to set aside - Loss of barge under tow - Owners of barge claimed damages - Owners and time charterers of tug served third party notices on port authority - Whether port authority a proper and necessary party to proceedings - Whether orders granting leave to serve third party notices should be set aside.

CASPIAN BASIN SPECIALISED EMERGENCY SALVAGE ADMINISTRATION AND ANOTHER v. BOUYGUES OFFSHORE S.A. AND OTHERS (NO. 4)

[1997] 2 Lloyd's Rep 507

Admiralty practice - Limitation of liability - Stay of action - Misrepresentation - Establishment of liability - Loss of barge under tow - Owners of barge claimed damages - Barge owners alleged misrepresentation in Towcon contract - Whether limitation action could be commenced without liability first being admitted or established - Whether right to limit in respect of misrepresentation claims - Whether limitation actions should be stayed until liability determined.

BOUYGUES OFFSHORE S.A. v. CASPIAN SHIPPING CO. AND OTHERS (NO. 5) ULTISOL TRANSPORT CONTRACTORS LTD. v. BOUYGUES OFFSHORE S.A. AND ANOTHER

[1997] 2 Lloyd's Rep 533

Admiralty practice - Anti-suit injunction - Application to discharge - Loss of barge under tow - Owners of barge claimed damages - Injunction obtained restraining pursuit of proceedings in South Africa - Whether significant change in circumstances - Whether injunction should be discharged - Whether plaintiffs’ claim should be stayed - Whether application to strike out counterclaim should be granted.

CALLAGHAN AND ANOTHER v. DOMINION INSURANCE CO. LTD. AND OTHERS

[1997] 2 Lloyd's Rep 541

Insurance (Fire) - Indemnity - Limitation of time - Defendants insured plaintiffs’ discotheque against damage by fire - Discotheque damaged by fire - Defendants avoided policy on grounds of non-disclosure - More than six years after property damaged by fire plaintiffs brought proceedings against defendants - Whether cause of action arose at date of loss or on avoidance of policy - Whether plaintiffs’ action statute barred.

RED SEA TANKERS LTD. AND OTHERS v. PAPACHRISTIDIS AND OTHERS HENDERSON, BAARMA AND BOUCKLEY (THIRD PARTIES) (THE “HELLESPONT ARDENT”)

[1997] 2 Lloyd's Rep 547

Contract - Ship’s purchase - Gross negligence - Contributory negligence - Plaintiffs entered into commercial and technical advisory agreements with defendants in relation to acquisition of oil tanker - Whether defendants owed duty of care to plaintiffs - Whether defendants grossly negligent and or guilty of wilful misconduct in recommending tanker for purchase - Whether officers of defendants owed duties personally to plaintiffs - Whether plaintiffs’ directors and bankers contributorily negligent.

CHO YANG SHIPPING CO. LTD. v. CORAL (UK) LTD.

[1997] 2 Lloyd's Rep 641

Bill of lading - Freight - Non-payment - Goods shipped under three bills of lading - Bills stamped “freight pre-paid” - Shipment of cargo arose from chain of contractual relations - Freight not paid - Whether shippers of goods party to bill of lading - Whether shipper’ liable for freight.

REEMAN AND ANOTHER v. DEPARTMENT OF TRANSPORT AND OTHERS

[1997] 2 Lloyd's Rep 648

Negligence - Duty of care - Breach - DOT certificate - Plaintiffs purchased fishing vessel - Vessel carried DOT certificate certifying vessel complied with various statutory regulations designed to ensure vessel seaworthy - DOT’s surveyor made arithmetical error in calculating vessel’s stability - Certificate withdrawn - Plaintiffs suffered financial loss - Whether DOT owed duty to exercise reasonable care not to cause plaintiffs pecuniary loss.

KUWAIT AIRWAYS CORPORATION AND ANOTHER v. KUWAIT INSURANCE CO. S.A.K. AND OTHERS

[1997] 2 Lloyd's Rep 687

Insurance (Aviation) - War-risks - Allied perils - Iraq invaded Kuwait - Iraq removed Kuwaiti aircraft and spares - Plaintiffs claimed under insurance - Maximum sum insured in respect of ground risks U.S.$300 m. - Whether ground limit qualified by “any one occurrence any one location” - Whether maximum ground limit included spares - Whether loss of aircraft constituted “any one occurrence” - Perils by which aircraft and spares lost - Whether spares extension cover applicable - Whether spares lost from one or more locations - Issues as to sue and labour and subrogation.

PHOENIX SHIPPING (PTY.) LTD. v. GENERAL FEEDS INC.

[1997] 2 Lloyd's Rep 703

Arbitration - Limitation of time - Extension - Charter-party disputes - Delay in pursuing claim for indemnity - Extension of time granted - Whether length of extension ordered outside any reasonable exercise of Judge’s discretion - Arbitration Act, 1950, s. 27.

THE “BERGEN” (No. 2)

[1997] 2 Lloyd's Rep 710

Admiralty practice - Stay of action - Jurisdiction clause - Actions on disputes under bills of lading to be brought in Germany - Alleged damage to cargo - Actions brought in England - Whether actions should be stayed - Action probably time barred in Germany - Whether stay should be granted on terms that defendant undertook not to rely on time bar point in German proceedings.

STEWART CHARTERING LTD. v. OWNERS OF THE SHIP “PEPPY” STEWART OFFSHORE SERVICES (JERSEY) LTD. v. SILAN MARITIME CO. AND TZORTZOPOULOS (THE “PEPPY”)

[1997] 2 Lloyd's Rep 722

Admiralty practice - Arrest of vessel - Management agreement - Vessel arrested in respect of outstanding balance of account - Allegations of breach of contract and fiduciary duty with regard to management of vessel - Allegations of dishonesty with regard to receipt of certain sums of freight and commission - Whether arrest repudiatory of management agreement and wrongful - Whether plaintiffs entitled to recover balance.

ABDULLAH M. FAHEM & CO. v. MAREB YEMEN INSURANCE CO. AND TOMEN (U.K.) LTD.

[1997] 2 Lloyd's Rep 738

Arbitration - Arbitration clause - Stay of proceedings - Plaintiffs bought sugar from second defendants on c. & f. terms - First defendants insured cargo - Vessel sank at Piraeus and cargo lost - Actions brought against first and second defendants - Whether action against second defendant should be referred to arbitration - Whether second defendants entitled to stay of action.

LAURITZEN REEFERS v. OCEAN REEF TRANSPORT LTD. S.A. (THE “BUKHTA RUSSKAYA”)

[1997] 2 Lloyd's Rep 744

Charter-party (Time) - Indemnity - Limitation of time - Hague-Visby Rules - Hague Rules - Incorporation - “General paramount clause” to apply - Damage to cargo - Charterers settled cargo interests’ claims - Charterers claimed to be indemnified by owners - Whether Hague Rules or Hague-Visby Rules incorporated - Whether claim time barred - Whether application for extension of time should be granted.

KUSEL v. ATKIN (THE “CATARIBA”)

[1997] 2 Lloyd's Rep 749

Insurance (Marine) - Constructive total loss - Indemnity - Vessel suffered two casualties - Damages sustained in first and second casualty not repaired - Cumulative cost of repairing damages attributable to both casualties exceeded insured value of vessel - Whether agreement that vessel should be treated as constructive total loss - Measure of indemnity - Whether amount recoverable limited to insured value of vessel.

NAVIGAS LTD. OF GIBRALTAR v. ENRON LIQUID FUELS INC.

[1997] 2 Lloyd's Rep 759

Sale of goods (f.o.b.) - Incorporation - Limitation of time - Measurement and Inspector provisions - Sale of cargo of propane gas - Sampling tests conducted prior to loading - Cargo rejected as defective - Whether provisions incorporated into contract - Whether defendants bound by result of sample test - Whether claim time barred.

Lloyd's Law Reports