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HAMBLE FISHERIES LTD. v. L. GARDNER & SONS LTD. (THE “REBECCA ELAINE”)

[1999] 2 Lloyd's Rep. 1

Negligence - Breach - Duty of care to warn - Plaintiffs’ fishing vessel fitted with Gardner engine - Manufacturers of engine stated pistons would run for 20,000 hours - Manufacturers sold business to defendants - Defendants on notice that pistons defective - Pistons in fishing vessel engine failed prematurely causing plaintiffs economic loss - Whether special relationship of proximity imposed on defendants duty of care to safeguard plaintiffs from economic loss - Whether defendants assumed responsibility to warn plaintiffs of defective pistons.

THE “TYCHY”

[1999] 2 Lloyd's Rep. 11

Admiralty practice - Arrest of vessel - Application to set aside - Slot charter - Vessel arrested in respect of plaintiffs’ claims - Whether “the charterer” in s. 21(4) of the Supreme Court Act, 1981 included slot charterer - Whether respondents charterers of vessel when cause of action arose - Whether application to release vessel from arrest should be granted.

ABB LUMMUS GLOBAL LTD. v. KEPPEL FELS LTD. (formerly FAR EAST LEVINGSTON SHIPBUILDING LTD.)

[1999] 2 Lloyd's Rep. 24

Arbitration - Jurisdiction - Seat of arbitration - Dispute under shipbuilding contract referred to arbitration - Applicant obtained leave to serve arbitration application on respondents - Whether seat of arbitration England or Singapore - Whether Court had jurisdiction to entertain application - Whether application should be set aside - Arbitration Act, 1996, ss. 2, 32.

AZOV SHIPPING CO. v. BALTIC SHIPPING CO.

[1999] 2 Lloyd's Rep. 39

Practice - Security for costs - Arbitration - Award - Agreement entered into by former Soviet shipping companies relating to question of containers - Applicant alleged not party to agreement - Dispute referred to arbitration - Applicant challenged award as to jurisdiction of arbitrator to hear case - Full rehearing ordered - Respondent applied for security for costs - Whether security for costs should be ordered - Arbitration Act, 1996, s. 70(1), (6).

LAKER AIRWAYS INC. v. FLS AEROSPACE LTD. AND BURNTON FLS AEROSPACE LTD. v. LAKER AIRWAYS INC.

[1999] 2 Lloyd's Rep. 45

Arbitration - Arbitrator - Removal - Impartiality - Dispute in respect of performance of maintenance services on applicants’ aircraft referred to arbitration - Barristers from same Chambers appointed applicants’ and respondents’ arbitrators - Whether doubt as to impartiality - Whether respondents’ arbitrator should be removed - Arbitration Act, 1996, s. 24(1)(a).

F. H. BERTLING LTD. v. TUBE DEVELOPMENTS LTD.

[1999] 2 Lloyd's Rep. 55

Carriage of goods - Freight forwarder - Contract - Pursuers made arrangements for transporting goods to Saudi Arabia - Whether defenders by sending pursuers copy of letter of credit constituted pursuers its agent for purposes of implementing requirements of letter of credit - Whether defenders liable to reimburse pursuers in respect of costs of meeting those requirements.

WESTACRE INVESTMENTS INC. v. JUGOIMPORT-SDPR HOLDING CO. LTD. AND OTHERS

[1999] 2 Lloyd's Rep. 65

Arbitration - Award - Enforcement - Public policy - Contracts for sale of military equipment by Yugoslavia to Kuwait - Dispute referred to arbitration - International Chamber of Commerce award in favour of plaintiffs - Application to enforce award - Allegation that contracts immoral and a nullity being contracts to purchase personal influence and pay bribes - Whether enforcement of award contrary to public policy - Whether award should be enforced.

HUYTON S.A. v. JAKIL S.p.A.

[1999] 2 Lloyd's Rep. 83

Arbitration - Delay - Want of prosecution - Application to strike out - Dispute under contract for sale of goods - Board of Appeal of FOSFA found inter alia in favour of respondents - Applicant challenged award - Applicants obtained order for remission and leave to appeal - Delay in remission - Respondents applied to strike out for want of prosecution - Whether application should be granted.

TRADIGRAIN S.A. AND OTHERS v. KING DIAMOND SHIPPING S.A. (THE “SPIROS C”)

[1999] 2 Lloyd's Rep. 91

Bill of lading - Freight - Charter-party - Time chartered vessel sub-chartered for voyage from Constanza to Morocco - Default in payment of hire - Whether shipowners entitled to claim freight from shippers under bill of lading contract - Whether arguable defence to claim for freight.Bill of lading - Delay - Discharge - Time chartered vessel sub-chartered for voyage from Constanza to Morocco - Shipowners alleged vessel not discharged within time permitted by voyage charter - Whether shippers liable under bill of lading contract in respect of delay in discharge of vessel.

MIRA OIL RESOURCES OF TORTOLA v. BOCIMAR N.V.

[1999] 2 Lloyd's Rep. 101

Charter-party (Voyage) - Demurrage - “Signed copy of charter-party” - Construction - Owners failed to provide charterers with signed copy - Owners’ claim for demurrage time barred unless claim in writing together with supporting documents including signed copy of charter - Whether charter had to be signed by both owners and charterers.

DANAE AIR TRANSPORT ASA v. AIR CANADA

[1999] 2 Lloyd's Rep. 105

Arbitration - Award - Costs - Mathematical error - Application to remit or set aside - Agreement between plaintiffs and defendants wrongfully terminated - Dispute referred to arbitration - Defendants offered to settle - Plaintiffs rejected offer - Arbitrators erred in evaluation of offer as against the award - Whether exercise of discretion by arbitrators on false arithmetical basis constituted an excess of jurisdiction or some element of misconduct or procedural mishap - Whether award should be remitted for error to be corrected.

THAMES TIDEWAY PROPERTIES LTD. v. SERFATY & PARTNERS

[1999] 2 Lloyd's Rep. 110

Contract - Incorporation - Standard terms and conditions - Breach of duty - Contract to store and load defendants’ wastepaper - Fire broke out in stock of wastepaper stored on wharf prior to shipment - Terms agreed by parties - Whether standard terms and conditions incorporated - Impact of terms and conditions - Whether defendant in breach of warranties - Cause of fire - Whether plaintiffs in breach of duty to store wastepaper and failing to provide fire-breaks.

LUKOIL-KALININGRADMORNEFT PLC v. TATA LTD. AND GLOBAL MARINE TRANSPORTATION INC.

[1999] 2 Lloyd's Rep. 129

Towage agreement - Lien - Authority - Actual or ostensible - Agreement for towage of vessels from Canada to India - Instalments of towage price not paid and agreement terminated - Vessels arrived and arrested in Namibia - Whether second defendants had actual or ostensible authority to enter into towage agreement on first defendants’ behalf - Whether plaintiff tug owners entitled to exercise lien on vessels - Whether plaintiffs entitled to exercise an enrichment lien under Namibian law - Quantum.

NORDSTERN ALLGEMEINE VERSICHERUNGS A.G. v. INTERNAV LTD. SAME v. KATSAMAS AND STAMOULIS

[1999] 2 Lloyd's Rep. 139

Practice - Non-party - Costs of action - Actions brought to recover moneys paid in respect of collision - Actions settled - Allegation that non-party to actions initiated, maintained, controlled and financed actions - Whether non-party liable to pay costs of action.

AZOV SHIPPING CO. v. BALTIC SHIPPING CO.

[1999] 2 Lloyd's Rep. 159

Arbitration -- Award - Application to set aside - Agreement as to general use of containers - Applicants denied being bound by agreement - Dispute referred to arbitration - Award held applicants bound by agreement - Applicants challenged award - Whether applicants estopped from denying it was bound by agreement - Whether issues raised by claims in arbitration non-justiciable - Whether award should be set aside.

FRANS MAAS LOGISTICS (U.K.) LTD. v. CDR TRUCKING B.V.

[1999] 2 Lloyd's Rep. 179

Carriage by road - CMR - Stay of action - Application to set aside - Plaintiffs claimed in respect of missing goods - Defendants brought action in Utrecht for declaration of non-liability, alternatively to limit liability - Plaintiffs commenced proceedings in England - Whether English action should be set aside or stayed pursuant to art. 31(2) of CMR or arts. 21 and 22 of the Brussels Convention - Whether art. 57 of the Brussels Convention applicable - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21, 22, 57 - CMR art. 31(2).

CZARNIKOW-RIONDA SUGAR TRADING INC. v. STANDARD BANK LONDON LTD. AND OTHERS

[1999] 2 Lloyd's Rep. 187

Practice - Pre-trial injunction - Letters of credit - Allegation of fraud - Letters of credit in respect of documentary sales matured - Plaintiffs alleged fraud and obtained pre-trial ex parte injunction to prevent payment out - Whether fraud exception had been made out - Whether injunction should be continued - Whether balance of convenience against granting injunction - Allegation of failure to make full disclosure is seeking ex parte injunction - Whether an abuse of process.

WHISTLER INTERNATIONAL LTD. v. KAWASAKI KISEN KAISHA LTD. (THE “HILL HARMONY”)

[1999] 2 Lloyd's Rep. 209

Charter-party (Time) - Employment - Navigation - Charterers ordered vessel to follow great circle route - Master disregarded orders and followed more southerly route - Voyage took longer and more bunkers consumed - Whether charterers’ orders related to employment or navigation - Whether owners in breach of charter - Whether failure to proceed with utmost despatch.

OMNIUM DE TRAITEMENT ET DE VALORISATION S.A. v. HILMARTON LTD.

[1999] 2 Lloyd's Rep. 222

Arbitration - Award - Enforcement - Respondents sought enforcement of ICC arbitration award - Applicant alleged that underlying contract illegal or contrary to public policy - Whether award should be enforced.

MANATEE TOWING CO. AND COASTAL TUG & BARGE INC. v. OCEANBULK MARITIME S.A. AND LAURA MARITIME INC. OCEANBULK MARITIME S.A. AND LAURA MARITIME INC. v. MANATEE TOWING CO. COASTAL TUG & BARGE INC. AND McQUILLING BROKERAGE PARTNERS INC. MANATEE TOWING CO. AND COASTAL TUG & BARGE INC. v. MCQUILLING BROKERAGE PARTNERS INC. (THE “BAY RIDGE”)

[1999] 2 Lloyd's Rep. 227

Sale of ship - Contract - Binding contract - Negotiations for proposed sale of tanker - Whether negotiations resulted in binding contract of sale.

A/S D/S SVENDBORG AND OTHERS v. AWADA AND OTHERS

[1999] 2 Lloyd's Rep. 244

Practice - Mareva injunction - Application to discharge - Anti-suit injunction granted to restrain defendant proceeding in Sierra Leone - Allegation that plaintiffs guilty of delay in prosecuting action - Whether injunction should be discharged.

RADHAKRISHNA HOSPITALITY SERVICE PRIVATE LTD. AND EUREST S.A. v. EIH LTD.

[1999] 2 Lloyd's Rep. 249

Contract - Damages - Stay of action - Contracts for flight and airport catering services in India - Plaintiffs claimed damages for misrepresentation, loss of profits and moneys due for services rendered - Action brought in England - Whether action had its most real and substantial connection with India and case could be tried more suitably and in the interests of all the parties in India - Whether action should be stayed - Supreme Court Act, 1981, s.49.

THE “STONE GEMINI”

[1999] 2 Lloyd's Rep. 255

Bill of lading - Letter of indemnity - Wrongful delivery - Goods delivered without production of bill of lading but against letter of indemnity - Whether plaintiffs could claim damages for conversion - Whether plaintiffs consented to discharge on basis of letter of indemnity - Cross-claims alleging misrepresentation as to effect of letter of indemnity.

OVERSEAS MEDICAL SUPPLIES LTD. v. ORIENT TRANSPORT SERVICES LTD.

[1999] 2 Lloyd's Rep. 273

Contract - Limitation of liability - Breach of duty - Loss and/or non-delivery of plaintiffs’ exhibition goods - Defendants failed to effect insurance - British International Freight Association Standard Trading Conditions incorporated - Whether defendants could rely on limitation of liability clauses.

THE “SEA MAAS”

[1999] 2 Lloyd's Rep. 281

Admiralty practice - Arrest - Jurisdiction - Article 5(1) - Bill of lading cargo claim - Allegation of wetting damage to cargo of steel coils - Vessel arrested in England in October, 1998 and April, 1999 - Whether English Courts had jurisdiction - Whether plaintiffs must sue defendants in Holland - Whether art. 5(1) applicable - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 5(1), (3).

FEDERAL INSURANCE CO. AND CHUBB INSURANCE CO. OF EUROPE S.A. v. TRANSAMERICA OCCIDENTAL LIFE INSURANCE CO. TRANSAMERICA OCCIDENTAL LIFE INSURANCE CO. v. FEDERAL INSURANCE CO. AND CHUBB INSURANCE CO. OF EUROPE S.A.

[1999] 2 Lloyd's Rep. 286

Arbitration - Arbitrator - Appointment - Substitute arbitrator - Arbitrator resigned as a result of ill health - New arbitrator to be appointed - Whether re-appointing party had 30 days to nominate new arbitrator as provided by arbitration clause or only 14 days pursuant to provisions of s. 16(5) of the Arbitration Act, 1996.

A. MEREDITH JONES & CO. LTD. v. VANGEMAR SHIPPING CO. LTD. (THE “APOSTOLIS”) (No. 2)

[1999] 2 Lloyd's Rep. 292

Carriage by sea - Booking note - Construction - Fire on board vessel damaged cargo - Cause of fire - Shipowners alleged cargo-owners failed to load vessel carefully and therefore responsible for damage caused by fire - Whether shipowners entitled to claim loading port demurrage and damage to vessel.

FOX v. HENDERSON INVESTMENT FUND LTD.

[1999] 2 Lloyd's Rep. 303

Practice - Strike out application - Breach of confidentiality - Plaintiff involved in divorce proceedings in U.S. - U.S. Court granted injunction freezing plaintiff’s assets - Plaintiff instructed defendants to dispose of invested funds - Defendants notified plaintiff’s wife of disposal - Mareva injunction obtained against plaintiff’s assets - Whether plaintiff had a good arguable case against defendants - Whether injunction granted by foreign Court a defence to plaintiff’s claim - Whether action should be struck out.

GREENWICH LTD. v. NATIONAL WESTMINSTER BANK PLC AND OTHERS

[1999] 2 Lloyd's Rep. 308

Practice - Costs - Security for costs - Plaintiffs claimed damages for misrepresentation arising out of sale to the plaintiff by the bank of an industrial park - Plaintiff incorporated and resident in Isle of Man - Whether Court had jurisdiction to order security for costs against Isle of Man company - Applicability of comity and Community Law - R.S.C., O.23, r. 1(1)(2) - Companies Act, 1985, s.726.

LANDCATCH LTD. v. INTERNATIONAL OIL POLLUTION COMPENSATION FUND

[1999] 2 Lloyd's Rep. 316

Oil pollution - Statutory liability - Compensation and prematurity - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Whether liability of compensation fund only arose when liability established against owners and/or insurers - Whether pleas incompetent and premature - Whether merit in pursuers’ pleas of waiver and personal bar - Merchant Shipping (Oil Pollution) Act, 1971 - International Convention on Civil Liability for Oil Pollution Damage, 1969 - Merchant Shipping Act, 1974 - International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. Oil pollution - Statutory liability - Pure economic loss - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Whether pursuers entitled to claim for pure economic loss - Merchant Shipping (Oil Pollution) Act, 1971 - Merchant Shipping Act, 1974, ss. 1, 4.

HAJI-IOANNOU AND OTHERS v. FRANGOS AND OTHERS

[1999] 2 Lloyd's Rep. 337

Practice - Jurisdiction - Domicile - Stay of proceedings - Agreement between plaintiff and defendant for management of capital - Agreement terminated on grounds of defendant’s unlawful conduct - Proceedings brought in Greece and England - Whether defendant domiciled in Greece - Whether Greek Court was Court first seised of proceedings involving same cause of action - Whether related actions - Whether writ should be set aside - Whether proceedings should be stayed or dismissed on grounds of forum non conveniens - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 4, 21 and 22 - R.S.C., O. 12, rr. 7 and 8.

THE “EDINBURGH CASTLE”

[1999] 2 Lloyd's Rep. 362

Admiralty practice - “Goods or materials” - Construction - Claim by plaintiffs in respect of goods or materials supplied to vessel for her operation or maintenance - Whether items supplied for vessel’s passengers goods or materials supplied to ship for her operation or maintenance - Supreme Court Act, 1981, s. 20(2)(m).

ORINOCO NAVIGATION LTD v. ECOTRADE S.A. (THE “IKARIADA”)

[1999] 2 Lloyd's Rep. 365

Charter-party (Voyage) - Bill of lading - Propriety of bill - Captain to sign bill of lading as presented - Date of charter-party not filled in - Whether defendants in breach of express or implied term of charter - Whether defendants under obligation to indemnify claimants - Applicable law.

MELVIN INTERNATIONAL S.A. v. POSEIDON SCHIFFAHRT G.m.b.H. (THE “KALMA”)

[1999] 2 Lloyd's Rep. 374

Charter-party (Time) - Guarantee - Construction - Variation - Defendant guaranteed liabilities of charterers - Addendum extended period of charter - Whether addendum varied terms of charter for purposes of guarantee - Whether defendant’s obligation under guarantee covered performance of charterers’ obligations under addendum.

WESTERN DIGITAL CORPORATION AND OTHERS v. BRITISH AIRWAYS PLC

[1999] 2 Lloyd's Rep. 380

Carriage by air - Air waybill - Consignee - Warsaw Convention - Part shipment of goods delivered - Whether notice of claim complied with requirements of Warsaw Convention - Whether owner of consignment not named as consignee in air waybill could claim under Convention - Meaning of consignee - Warsaw Convention, arts. 18, 26.

DON KING PRODUCTIONS INC. v. WARREN AND OTHERS

[1999] 2 Lloyd's Rep. 392

Practice - Mareva injunction - Appointment of receiver - Earlier proceedings between plaintiff and defendant resulted in granting of Mareva injunction and protective regime imposed - Plaintiffs took view defendants not complying with protective regime or Mareva injunction and applied for appointment of receiver and manager of all alleged partnership assets - Whether application should be granted.

THE “TURIDDU”

[1999] 2 Lloyd's Rep. 401

Admiralty practice - Maritime lien - Priority - Crew’s wages - Mortgage of ship - Crew employed by national seamen’s agency and part of wages paid to agency - Bank mortgagee obtained judgment against shipowner and order for sale of ship - Crew claimed balance of wages - Whether bank’s claim took priority over crew’s claims - Whether crew’s claims a maritime lien.

GLENCORE GRAIN LTD. v. AGROS TRADING CO.

[1999] 2 Lloyd's Rep. 410

Arbitration - Award - Set-off - Award made in favour of plaintiffs against defendants and award made in favour of third party against plaintiffs - Third party assigned award to defendants - Application to enforce awards - Plaintiffs claimed to be entitled to set off against their liability under award “washout” debts due to them from third party before assignment - Whether washout debts set off against award before proceedings began - Whether assignment subject to washout debt - Whether washout debt enforceable to enable plaintiffs to set it off against liability under award.

SENATE ELECTRICAL WHOLESALERS LTD. v. ALCATEL SUBMARINE NETWORKS LTD. (FORMERLY STC SUBMARINE SYSTEMS LTD.)

[1999] 2 Lloyd's Rep. 423

Contract - Breach - Damages - Assessment - Notice provisions - Defendants sold company to plaintiffs - Maintainable profits less than warranted profits - Plaintiff claimed damages - Assessment of damages - Whether true value of company to be calculated by applying a price/earnings ratio to the difference between warranted profit and actual profit - Whether plaintiffs had complied with notice provision.

ROWAN COMPANIES INC. AND ANOTHER v. LAMBERT EGGINK OFFSHORE TRANSPORT CONSULTANTS V.O.F., AND OTHERS.

[1999] 2 Lloyd's Rep. 443

Contract - Towcon - Limitation of time - Joinder of parties - Dispute between plaintiffs and first defendants - Delay in proceeding with action - First defendants dissolved - Plaintiffs sought to join partners as defendants - Whether claim against partners time barred - Limitation Act, 1980, ss. 5, 8, 9.

FIRST SECURITY BANK NATIONAL ASSOCIATION v. COMPAGNIE NATIONALE AIR GABON

[1999] 2 Lloyd's Rep. 450

Contract - Termination - Construction - Aircraft delivered under lease - Data sent separately - Data never arrived - Lessees terminated lease by reason of force majeure - Whether data delivered in accordance with terms of lease - Whether lessors entitled to damages for alleged failure to deliver data.

SHELL U.K. LTD. AND ANOTHER v. ENTERPRISE OIL PLC AND OTHERS

[1999] 2 Lloyd's Rep. 456

Contract - Oil exploration licence - Equity redetermination - Expert’s decision - Agreement under which oil worked on behalf of all licensees of Nelson field - Ownership interests reflected by participation in proceeds in given proportions - Redetermination of proportions at three separate stages - Failure to agree at second stage - Matter referred to expert - Whether expert failed to comply with obligations and original determination not of any contractual relevance or effect.

THE “BUMBESTI”

[1999] 2 Lloyd's Rep. 481

Admiralty practice - Action in rem - Jurisdiction - Arrest of vessel - Abuse of process of Court - Dispute under charter referred to arbitration in Romania - Action founded on award - Whether Court had jurisdiction in rem in respect of claim made by claimants - Whether arrest an abuse of process because claimants already had security for claim made - Supreme Court Act, 1981, s.20(2)(h).

SOUTHAMPTON CONTAINER TERMINALS LTD. v. HANSA SCHIFFAHRTSGESELLSCHAFT m.b.H. (THE “MAERSK COLOMBO”)

[1999] 2 Lloyd's Rep. 491

Collision - Berthing vessel - Damage to crane - Contributory negligence - Vessel in process of berthing collided with crane - Crane toppled over and collapsed - Claimants claimed damages in respect of crane - Whether claimants contributed to damage in failing to move crane - Whether claimants could claim cost of replacement of crane rather than market value.

NUEVA FORTUNA CORPORATION v. TATA LTD. (THE “NEA TYHI”) NUEVA ESPERANZA CORPORATION v. TATA LTD. (THE “NEA ELPIS”)

[1999] 2 Lloyd's Rep. 497

Agency - Undisclosed principal - Joint venture partner and co-principal - Plaintiffs time chartered vessels to third party - Third party sub-chartered vessels to defendants - Default on charters - Plaintiffs claimed against defendants - Whether sub-charters sham contracts - Whether real relationship between defendant and third party that of disponent owners and charterers - Whether defendants undisclosed principal or joint venture partner and co-principal of third party.

P & O SCOTTISH FERRIES LTD. v. THE BRAER CORPORATION AND ANOTHER AND INTERNATIONAL OIL POLLUTION COMPENSATION FUND

[1999] 2 Lloyd's Rep. 535

Oil pollution - Compensation - Pure economic loss - Relevancy and specification of claim - Pursuers operated passenger and freight ferry services - Vessel grounded off Shetland - Pursuers claimed economic losses suffered as a result of oil pollution - Relevancy of claim - Whether claims irrelevant for lack of specification - Merchant Shipping (Oil Pollution) Act, 1971.

GRAY AND ANOTHER v. THE BRAER CORPORATION AND OTHERS AND INTERNATIONAL OIL POLLUTION COMPENSATION FUND

[1999] 2 Lloyd's Rep. 541

Oil pollution - Compensation - Limitation of time - Continuing losses - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Whether pursuers’ claim time barred - Whether in cases involving continuing losses six year time limit applicable - Merchant Shipping (Oil Pollution) Act, 1971, s. 9.

DANAE AIR TRANSPORT ASA v. AIR CANADA

[1999] 2 Lloyd's Rep. 547

Arbitration - Award - Costs - Mathematical error - Application to remit or set aside - Agreement between plaintiffs and defendants wrongfully terminated - Dispute referred to arbitration - Defendants offered to settle - Plaintiffs rejected offer - Arbitrators erred in evaluation of offer as against the award - Whether exercise of discretion by arbitrators on false arithmetical basis constituted an excess of jurisdiction or some element of misconduct or procedural mishap - Whether award should be remitted for error to be corrected.

GRAY v. STEAD

[1999] 2 Lloyd's Rep. 559

Damages - Safety at sea - Personal injury - Duty of care - Wearing of lifejacket - Fisherman not wearing a lifejacket and on watch on deck alone - Fisherman’s body found in sea - Whether fisherman should have been furnished with single chamber inflatable lifejacket and instructed to wear it whenever alone on deck - Whether defendant employer failed to exercise reasonable care.

REICHHOLD NORWAY ASA AND ANOTHER v. GOLDMAN SACHS INTERNATIONAL

[1999] 2 Lloyd's Rep. 567

Contract - Stay of proceedings - Pending arbitration - Contract for sale of shares in polymer company - Financial advisers gave plaintiffs financial information on polymer company - Plaintiffs alleged misrepresentation on part of financial advisers and breach of warranty under sale agreement - Arbitration proceedings commenced in Norway - Plaintiffs brought proceedings against financial advisers - Whether English action should be stayed pending determination of arbitration - Whether order made one which Court could lawfully and properly make.

BHP PETROLEUM LTD. AND OTHERS v. BRITISH STEEL PLC AND DALMINE SpA

[1999] 2 Lloyd's Rep. 583

Contract - Exemption and limitation clauses - Construction - Contract for supply of steel for a gas reinjection pipeline - Defects in pipeline two years after delivery - Whether defendants could rely on exemption and limitation clauses in contract.

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CORAL OIL CO. LTD.

[1999] 2 Lloyd's Rep. 606

Practice - Jurisdiction clause - Injunction - Agreements between plaintiffs and defendants terminated - Defendants protested at termination and brought proceedings in Beirut - Whether injunction should be granted restraining defendants from pursuing claim in Beirut.

SURZUR OVERSEAS LTD. v. KOROS AND OTHERS

[1999] 2 Lloyd's Rep. 611

Practice - Applications to set aside proceedings - Serious issue to be tried - Witness immunity rule - Allegations involving creation of false documents making of fraudulent and misleading statements and false evidence - Application to amend points of claim to broaden allegations - Whether plaintiffs could demonstrate a serious issue to be tried - Effect of witness immunity rule.

NATIONAL JUSTICE COMPANIA NAVIERA S.A. v. PRUDENTIAL ASSURANCE CO. LTD. (THE “IKARIAN REEFER” (NO. 2))

[1999] 2 Lloyd's Rep. 621

Practice - Costs - Non-party - Jurisdiction - Claim by plaintiffs against insurers for constructive total loss of vessel - Insurers successfully denied liability - Insurers awarded costs - Insurers sought to recover balance of costs from non-party - Non-party domiciled in Greece - No leave sought or granted to serve summons on non-party out of jurisdiction - Whether Court had personal jurisdiction over non-party - Supreme Court Act, 1981, s. 51 - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 6.

GLENCORE INTERNATIONAL A.G. v. METRO TRADING INTERNATIONAL INC. ITOCHU PETROLEUM CO. (S) PTE. LTD. AND SINGAPORE PETROLEUM CO. AND BANQUE TRAD-CRÉDIT LYONNAIS (FRANCE) S.A. (THIRD PARTY) METRO TRADING INTERNATIONAL INC. v. ITOCHU PETROLEUM CO. (S) PTE. LTD. AND BANQUE TRAD-CRÉDIT LYONNAIS (FRANCE) S.A. (THIRD PARTY)

[1999] 2 Lloyd's Rep. 632

Practice - Jurisdiction - Stay of action - Contracts for sale of cargo of oil contained exclusive English jurisdiction clause - Plaintiffs claimed against defendants in conversion - Bank brought proceedings in Paris to recover proceeds of sale - Third party proceedings brought in England against bank - Whether proceedings involved same parties and same cause of action - Whether English or French Court first seised of action - Whether bank bound by exclusive jurisdiction clause - Whether proceedings should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 21, 22.

DONOHUE v. ARMCO INC. AND OTHERS

[1999] 2 Lloyd's Rep. 649

Practice - Anti-suit injunction - Joinder of potential co-claimants - Application to set aside service of proceedings - Defendants sold insurance group to management buy-out - Negotiations conducted with claimant - Defendant alleged it had been victim of fraud - Defendant brought proceedings in New York - Claimant alleged New York proceedings vexatious and oppressive and in breach of exclusive English jurisdiction clause - Whether anti-suit injunction should be granted - Whether exclusive English jurisdiction clause applicable - Whether potential co-claimants should be joined in English proceedings for anti-suit injunction - Whether service out of jurisdiction should be set aside.

RANK ENTERPRISES LTD. AND OTHERS v. GERARD

[1999] 2 Lloyd's Rep. 666

Sale of ship - Guarantee - Norwegian Sale form - Clause 9 - Construction - Meaning of words “should any claims which have been incurred prior to time of delivery be made against the vessel” - Whether “claims made against the vessel” required commencement of proceedings in rem - Whether ownership claims within cl. 9 - Whether time limit in guarantee applied to date when claim made or date when loss sustained - Whether financial limits applied per claim or overall.

THE “PELOPIDAS” AND “TRSL CONCORD”

[1999] 2 Lloyd's Rep. 675

Collision - Passing vessels - Liability - Collision in Access Channel to Buenos Aires - Navigation of vessels - Allegations of excessive speed and failure to notice and control sheer - Liability for collision - Apportionment of liability.

SEABRIDGE SHIPPING A.B. v. A.C. ORSSLEFF’S EFTF’S A/S

[1999] 2 Lloyd's Rep. 685

Arbitration - Limitation of time - Clause paramount - Dispute under charter-party - Whether incorporation of clause paramount incorporated Hague Rules or Hague-Visby Rules - Whether notice given before expiry of time limit satisfied requirements of s. 14 of Arbitration Act, 1996 - Whether arbitration could be commenced in manner other than that expressly permitted by s. 14.

GLENCORE INTERNATIONAL A.G. v. SHELL INTERNATIONAL TRADING AND SHIPPING CO. LTD. AND METRO OIL CORPORATION

[1999] 2 Lloyd's Rep. 692

Practice - Interpleader proceedings - “Same cause of action”- Construction - Proceedings commenced in Paris against defendants in respect of payment for cargoes of naptha - Defendants commenced interpleader proceedings in England - Whether Paris action and interpleader proceedings involved the same cause of action - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 21.

TOTAL LIBAN S.A.L. v. VITOL ENERGY S.A.

[1999] 2 Lloyd's Rep. 700

Contract - Breach - Indemnity - Assignment - Champerty - Assumption that defendants breached contract with third party resulting in third party being liable to claimants - Third party assigned rights against defendants to claimants - Whether claimants could recover loss prior to third party discharging its liability to claimants by payment - Whether assignment void for champerty.

GRAVE v. G.A. BONUS PLC

[1999] 2 Lloyd's Rep. 716

Contract - Indemnity - Fire - Damage to hotel caused by fire - Insurers alleged fire started deliberately by claimant or by someone whose actions she connived at or authorized - Whether claimants entitled to be indemnified for loss - Whether fire started deliberately and if so whether started by or on behalf of claimant.

CALTEX TRADING PTE. LTD. v. METRO TRADING INTERNATIONAL INC. AND OTHERS AND GLENCORE INTERNATIONAL A.G. AND OTHERS (THIRD PARTIES) AND SEA VICTORY SHIPPING CORPORATION, PROCOPIOU AND BAKER SERVICES INC. (FOURTH PARTIES)

[1999] 2 Lloyd's Rep. 724

Practice - Jurisdiction - Submission to jurisdiction - Receivership order made in respect of company engaged in business of storing, blending and trading in oil - Claims made against fourth parties - Fourth parties served summons for inspection of documents - Whether fourth parties submitted to jurisdiction - Whether claims within R.S.C., O. 16, r. 1(1), r. 9 - Whether fourth party claims disclosed no cause of action and should be set aside - Whether fourth party notice within art. 6.2 of the Brussels Convention or R.S.C., O. 11.

WEALANDS v. CLC CONTRACTORS LTD. AND KEY SCAFFOLDING LTD. (FIRST THIRD PARTY) AND ANOTHER (SECOND THIRD PARTY)

[1999] 2 Lloyd's Rep. 739

Arbitration - Arbitration agreement - Third party proceedings - Stay of action - Sub-contract between defendants and third party for provision of scaffolding - Defendant’s employee fell from scaffolding and died - Plaintiff claimed damages alleging negligence and breach of statutory duty - Defendant claimed against third party - Whether action should be stayed pursuant to arbitration agreement in sub-contract - Arbitration Act, 1996, s. 9.

J. H. RAYNER (MINCING LANE) LTD. AND CITOMA TRADING LTD. AND OTHERS v. CAFENORTE S.A., IMPORTADORA E EXPORTADORA S.A. AND OTHERS AND FEDERATIVE REPUBLIC OF BRAZIL

[1999] 2 Lloyd's Rep. 750

Practice - Judgment in default - Defence on merits - Contracts for sale and purchase of coffee - Failure to make payments - Judgment in default obtained - Republic intervened in action - Republic showed they had defence on the merits - Whether judgment in default should not be set aside.

SINOCHEM INTERNATIONAL OIL (LONDON) CO. LTD. v. MOBIL SALES AND SUPPLY CORPORATION

[1999] 2 Lloyd's Rep. 769

Sale of goods (f.o.b.) - Non-performance - Set-off - Seller sold quantity of crude oil to buyer - Price remained outstanding - Buyer sought to set off sums allegedly due under contracts between buyer’s affiliates and seller’s affiliates - Whether buyer entitled to set-off - Whether seller entitled to summary judgment.

AMOCO (U.K.) EXPLORATION CO. AND OTHERS v. BRITISH AMERICAN OFFSHORE LTD. AND ANOTHER

[1999] 2 Lloyd's Rep. 772

Practice - Jurisdiction - Anti-suit injunction - Contract for hire of drilling rig - Claimants terminated contract - Action brought by claimants for damages for breach of contract and declaration that contract repudiated - Defendants brought action in Texas - Whether injunction restraining defendants from pursuing Texan proceedings should be granted - Whether English proceedings should be set aside.

HI-FERT PTY. LTD. AND CARGILL FERTILIZER INC. v. KIUKIANG MARITIME CARRIERS INC. AND WESTERN BULK CARRIERS (AUSTRALIA) LTD.

[1999] 2 Lloyd's Rep. 782

Contract of affreightment - Arbitration clause - Stay of proceedings - Clause requiring disputes to be referred to arbitration in London - Damage to cargo - Actions brought in Australia - Whether s. 7(2) of the International Arbitration Act, 1974 interfered with the judicial process - Whether s. 7 valid - Whether claims for breach of duty and negligence arose from charter - Whether references to English law in charter excluded operation of Trade Practices Act, 1974.

HI-FERT PTY. LTD. AND CARGILL FERTILIZER INC. v. KIUKIANG MARITIME CARRIERS INC. AND WESTERN BULK CARRIERS (AUSTRALIA) LTD.

[1999] 2 Lloyd's Rep. 802

Lloyd's Law Reports