i-law.com

VALE DO RIO DOCE NAVEGAÇAO S.A. AND ANOTHER v. SHANGHAI BAO STEEL OCEAN SHIPPING CO. LTD. (T/A BAO STEEL OCEAN SHIPPING CO.) AND ANOTHER

[2000] 2 Lloyd's Rep 1

Arbitration - Jurisdiction - Application to set aside arbitration claim form - Contract of affreightment concluded by broker - Owners joined brokers in arbitration application for declaration - Whether claim within arbitration exception in Lugano Convention - Whether CPR PD49G permitted service against brokers out of jurisdiction - Whether Arbitration Act, 1996 permitted owners to make application - Whether Court had jurisdiction to grant declaration against brokers - Whether application to join brokers should be set aside.

REY BANANO DEL PACIFICO C.A. AND OTHERS v. TRANSPORTES NAVIEROS ECUATORIANOS AND ANOTHER (THE “ISLA FERNANDINA”)

[2000] 2 Lloyd's Rep 15

Charter-party (Voyage) - Unseaworthiness - Damage to cargo - Properly man and equip ship - Carriage of cargo of green bananas from Ecuador to Libya and Russia - Bosun seriously injured and died - Vessel turned towards Cartagena to disembark body - Vessel grounded - Cargo sold to third claimant c.i.f. Genoa - Vessel’s generators failed - Cargo arrived in Genoa damaged - Liability for and cause of grounding - Whether vessel unseaworthy - Whether failure to properly man and equip vessel - Whether failure to look after cargo properly - Whether claimant entitled to damages.

B.S. & N. LTD. (BVI) v. MICADO SHIPPING LTD. (MALTA) (THE “SEAFLOWER”)

[2000] 2 Lloyd's Rep 37

Charter-party (Time) - Termination - Repudiatory breach - Misrepresentation - Major approvals clause - Owners to obtain approval for vessel from major oil companies - Whether owners’ failure to obtain Exxon approval a repudiatory breach - Whether misrepresentation that Exxon approval would be obtained in 60 days and vessel approved for carriage of BP products - Whether charter would have terminated with loss of Mobil approval - Whether owners entitled to damages for wrongful termination.

APPLIED IMPLANTS TECHNOLOGY LTD. AND OTHERS v. LUFTHANSA CARGO A.G. AND OTHERS NIPPON EXPRESS (UK) LTD. v. LUFTHANSA CARGO A.G.

[2000] 2 Lloyd's Rep 46

Carriage by air - Limitation of liability - Damage to cargo - Air waybill - Warsaw Convention - Carriage of cargo by air from England to Japan via Germany - Cargo damaged while being transhipped in Germany for carriage to Japan - Correct weight to be taken into account when considering limitation of liability - Warsaw Convention art. 22(2)(b).

LAFI OFFICE AND INTERNATIONAL BUSINESS S.L. v. MERIDEN ANIMAL HEALTH LTD.

[2000] 2 Lloyd's Rep 51

Sale of goods - Stay of action - Jurisdiction - Forum non conveniens - Contract for supply of chemical - Non-payment - Proceedings brought in Spain and England - Whether defendants’ terms and conditions applied - Whether English Courts had exclusive jurisdiction - Whether proceedings should be stayed - Whether Court empowered to adjourn or stay proceedings as part of its case management powers - Civil Jurisdiction and Judgments Act, 1982, s. 49, Schedule, arts. 2, 17, 21, 22.

JOLLEY v. LONDON BOROUGH OF SUTTON

[2000] 2 Lloyd's Rep 65

Negligence - Occupiers’ liability - Trap and/or allurement - Boat abandoned and left lying on council estate - Plaintiff aged 14 injured while attempting to paint and repair boat - Whether boat a trap and allurement - Whether local authority owed duty of care to plaintiff - Whether local authority negligent in failing to remove boat - Whether plaintiff contributed to accident - Quantum of damages.

TRIFFIT NURSERIES AND OTHERS v. SALADS ETCETERA LTD. AND OTHERS

[2000] 2 Lloyd's Rep 74

Agency - Termination - Administrative receivership - First defendant acted as agent for growers, marketing and distributing growers’ produce - First defendant went into administrative receiver-ship - Whether agency terminated.

HUSSMAN (EUROPE) LTD. v. AL AMEEN DEVELOPMENT & TRADE CO. AND OTHERS

[2000] 2 Lloyd's Rep 83

Arbitration - Award - Jurisdiction - Application to set aside - Dispute under distributorship agreement - Allegation that first respondent not party to arbitration agreement and serious irregularities in tribunal’s conduct of proceedings - Whether tribunal had jurisdiction to make award - Whether Court had jurisdiction to review fees and expenses of tribunal - Whether award should be set aside - Arbitration Act, 1996, ss. 67, 68.

YOUELL AND OTHERS v. KARA MARA SHIPPING CO. LTD. AND OTHERS

[2000] 2 Lloyd's Rep 102

Practice - Anti-suit injunction - Declaratory relief - Collision in Atlantic - Action brought in Louisiana - Insurers applied for anti-suit injunction and declaratory relief - Consideration of exclusive jurisdiction and English proper law clauses - Whether claim within CPR Part II(1) - Whether good arguable case - Whether application for leave to serve out of jurisdiction for anti-suit injunction should be granted - Whether application to set aside original claim for declaratory relief should be granted.

AT & T CORPORATION AND ANOTHER v. SAUDI CABLE CO.

[2000] 2 Lloyd's Rep 127

Arbitration - Arbitrator - Removal - Bias - Applicants successful bidder in Saudi telecommunications expansion project - Dispute under contract referred to arbitration - Non-executive director of competitor company appointed arbitrator - Competitor company disappointed bidder for telecommunications expansion project - Whether arbitrator should be removed and awards set aside on ground of bias.

WESTERN DIGITAL CORPORATION AND OTHERS v. BRITISH AIRWAYS PLC

[2000] 2 Lloyd's Rep 142

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.

DUBAI ALUMINIUM CO. LTD. v. SALAAM AND OTHERS AND LIVINGSTONE AND OTHERS (THIRD PARTIES)

[2000] 2 Lloyd's Rep 168

Contract - Commission - Breach of fiduciary duty - Contribution proceedings - Consultancy agreement between plaintiffs and second third party - Plaintiffs sought to recover payments disbursed in commission and other like payments under agreement - Plaintiffs alleged defendants and third parties knowingly and dishonestly received funds and/or assisted in a breach of fiduciary duty - Contribution claims between defendants and third parties - Whether vicarious liability imposed by Partnership Act, 1890, s. 10 applied where partner liable as a constructive trustee for conducting himself as an accessory to a breach of trust.

ERIDANIA S.p.A. AND OTHERS v. RUDOLF A. OETKER AND OTHERS (THE “FJORD WIND”)

[2000] 2 Lloyd's Rep 191

Charter-party (Voyage) - Bill of lading - Unseaworthiness - Due diligence - Carriage of soya beans in bulk from Argentina to Europe - Failure of main engine - Defendants declared voyage frustrated - Cargo transhipped - Whether vessel seaworthy - Whether defendants exercised due diligence - Whether defendants in breach for wrongfully abandoning voyage - Title to sue.

ASSOCIATION OF BRITISH TRAVEL AGENTS LTD. AND OTHERS v. BRITISH AIRWAYS PLC AND OTHERS

[2000] 2 Lloyd's Rep 209

Carriage by air - Agency - Passenger service charge - Airline tickets showed passenger service charge as a tax - Whether description misleading - Whether implied term that agents would not be instructed by carriers to participate in giving passengers misleading information - Whether breach of that term - Whether fares on which commission payable included passenger service charge - Whether contracts varied.

NUGENT AND KILLICK v. MICHAEL GOSS AVIATION LTD. AND OTHERS

[2000] 2 Lloyd's Rep 222

Carriage by air - Limitation of liability - Warsaw Convention - Article 25 - Construction - Meaning of words “with knowledge that damage would probably result” - Claim for damages under Fatal Accidents Act, 1976 - Passenger and pilot killed in helicopter crash - Allegation that carrier/pilot acted recklessly and with knowledge that damage would probably result” - Whether actual knowledge could include background knowledge or appreciation at material time of probable damage - Whether carrier entitled to limit liability.

MOLINS PLC v. G.D. S.p.A.

[2000] 2 Lloyd's Rep 234

Practice - Stay of action - Article 21 - Dispute under exclusive licence agreement - Action brought in Italy and England - Whether Italian or English Court first seised of action - Whether English action should be stayed - Brussels Convention, art. 21

THYSSEN INC. v. CALYPSO SHIPPING CORPORATION S.A.

[2000] 2 Lloyd's Rep 243

Carriage by sea - Limitation of time - Application for extension - Bills of lading incorporated London arbitration clause - Damage to cargo of steel - Claimants issued proceedings in U.S. Courts - Whether submission to American jurisdiction - Whether arbitration claim time barred - Whether application for extension of time should be granted.

MANN AND HOLT v. LEXINGTON INSURANCE CO.

[2000] 2 Lloyd's Rep 250

Reinsurance - “Per occurrence” - Construction - Civil unrest in Indonesia - Insured stores in Java damaged over period of two days by rioters - Whether riot damage constituted one occurrence or a number of occurrences.

NORTHERN SHIPPING CO. v. DEUTSCHE SEEREEDEREI G.m.b.H. AND OTHERS (THE “KAPITAN SAKHAROV”)

[2000] 2 Lloyd's Rep 255

Carriage by sea - Unseaworthiness - Due diligence - Undeclared and dangerous cargo - Explosion caused fire on deck and vessel sank - Whether explosion caused by undeclared and dangerous cargo - Whether stowage of cargo below deck rendered vessel unseaworthy - Whether shipowners exercised due diligence to make vessel seaworthy - Whether shipowners entitled to be indemnified by shippers of undeclared and dangerous cargo - Whether shipowners exercised due diligence in connection with shipment of undeclared and dangerous cargo.

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

[2000] 2 Lloyd's Rep 277

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.

THE “HAGIENI” AND “BARBAROSSA”

[2000] 2 Lloyd's Rep 292

Collision - Liability - Apportionment - Collision in Bosphorus between Romanian cargo ship and Italian chemical tanker - Traffic separation scheme in Bosphorus - Chemical tanker failed to maintain position in her own northbound lane and altered to starboard at late stage - Whether cargo ship at fault in effecting turn to port shortly before collision - Appropriate apportionment of liability.

WINTER MARITIME LTD v. NORTH END OIL LTD LTD. SAME v. MARINE OIL TRADING LTD (THE “WINTER”)

[2000] 2 Lloyd's Rep 298

Practice - Stay of action - Articles 21 and 22 - Claims by suppliers of bunkers to vessel - Vessel arrested in Belgium - Proceedings brought in Belgium and in England - Whether proceedings before Judge of Arrest in Belgium determinative of various matters - Whether English and Belgian proceedings involved same cause of action - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21, 22 and 24.

SOULES CAF v. LOUIS DREYFUS NEGOCE S.A.

[2000] 2 Lloyd's Rep 307

Sale of goods (c.i.f.) - Sampling rules - Construction - Analysis test on shipment of soya bean meal pellets - Whether sellers could rely on corrected analysis certificate.

MARTINI INVESTMENTS v. MCGUIN

[2000] 2 Lloyd's Rep 313

Insurance (Householders) - Indemnity - Loss or damage - House in Montserrat insured with defendants - Buildings covered against loss or damage directly caused by explosion - Volcanic activity on Montserrat - Damage caused to property by deposit of tephra - Whether damage proximately caused by peril insured against, i.e., explosion - Quantum.

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

[2000] 2 Lloyd's Rep 319

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.

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

[2000] 2 Lloyd's Rep 337

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 vessels.

GROUPAMA NAVIGATION ET TRANSPORTS AND OTHERS v. CATATUMBO C.A. SEGUROS

[2000] 2 Lloyd's Rep 350

Insurance (Marine) - Reinsurance - Back to back cover - Breach of warranty - Insured vessels heavily damaged in storm - Warranty in insurance and reinsurance that owners to maintain vessels in class - Owners in breach of warranty - Whether reinsurance cover back to back with original cover - Whether reinsurers discharged from liability for breach of warranty.

K/S MERC-SCANDIA XXXXII v. CERTAIN LLOYD’S UNDERWRITERS SUBSCRIBING TO LLOYD’S POLICY NO. 25T 105487 AND OCEAN MARINE INSURANCE CO. LTD. AND OTHERS (THE “MERCANDIAN CONTINENT”)

[2000] 2 Lloyd's Rep 357

Insurance (Marine) - Indemnity - Duty of utmost good faith - Breach of contract term - Ship repairers insured in respect of negligent repairs to vessel - Claim by shipowner - Assured produced forged document - Forgery discovered - Insurers avoided liability for breach of utmost good faith - Whether entitled to do so - Assured failed to tell insurers document was forged - Whether breach of term - Whether defence to claim on policy.

LUBBE AND OTHERS v. CAPE PLC AFRIKA AND OTHERS v. SAME

[2000] 2 Lloyd's Rep 383

Practice - Stay of action - Forum non conveniens - Group action - Claims by employees of South African subsidiaries of defendant company in respect of asbestos related diseases brought in England - Whether litigation could only be handled as a group action - Whether another available forum clearly and distinctly more appropriate for trial of action - Whether abuse of process - Whether action should be stayed.

MSC MEDITERRANEAN SHIPPING CO. S.A. v. DELUMAR BVBA AND OTHERS (THE “MSC ROSA M”)

[2000] 2 Lloyd's Rep 399

Admiralty practice - Limitation action - Carriage of goods by sea - Claimants’ vessel nearly capsized - Parties liable for very substantial salvage claim - Claimants applied for decree of limitation - Whether defence to limitation claim should be struck out.

SHINHAN BANK LTD v. SEA CONTAINERS LTD AND ANOTHER

[2000] 2 Lloyd's Rep 406

Banking - Deceit - Negligence - Defendants refused to accept bills of exchange - Bank paid against clean receipts in respect of containers defendants had not received - Bank claimed against defendants alleging deceit and negligence - Whether defendants liable

CHASE AND OTHERS v. RAM TECHNICAL SERVICES LTD. AND OTHERS

[2000] 2 Lloyd's Rep 418

Practice - Jurisdiction - Application to set aside - Forum non conveniens - Application for negative declaratory relief - Proceedings commenced in Canada - Whether Canada more appropriate forum - Whether English action should be stayed or set aside.

ACE INSURANCE S.A.-N.V. (formerly CIGNA INSURANCE CO. OF EUROPE S.A.-N.V.) v. ZURICH INSURANCE CO. AND ZURICH AMERICAN INSURANCE CO.

[2000] 2 Lloyd's Rep 423

Practice - Stay of action - Jurisdiction - Forum non conveniens - Dispute under reinsurance contract - Reinsurers brought action in England - Reinsured commenced action in Texas - Whether Texas more appropriate forum - Reinsured domiciled in Convention country - Whether jurisdiction to stay action - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 2.

THE “TIAN SHENG NO. 8”

[2000] 2 Lloyd's Rep 430

Admiralty practice - Arrest of vessel - Application to set aside - Cargo-owners claimed for loss of cargo and arrested vessel - Ownership of vessel - Whether “owner” meant something other than “registered owner” - Owners applied to set aside arrest - Application out of time - Whether Court had jurisdiction to issue warrant of arrest - Whether application for extension of time should be granted - High Court Ordinance, Cap. 4, s.12B(4) - Rules of the High Court, O. 12, r. 8, O. 75, r. 13.

PRACTICE DIRECTION

[2000] 2 Lloyd's Rep 445

ALIMPORT v. SOUBERT SHIPPING CO. LTD.

[2000] 2 Lloyd's Rep 447

Bill of lading - Antedated - Owner’s bills - Loading completed on Aug. 8, 1998 but bills of lading dated Aug. 5, 1998 - Whether shipowners bound by bill as issued.

TRADE GREEN SHIPPING INC v. SECURITAS BREMER ALLGEMEINE VERSICHERUNGS A.G. AND ANOTHER (THE “TRADE GREEN”)

[2000] 2 Lloyd's Rep 451

General average - Cargo contribution - Detention - Port charges - Vessel discharging - Fire broke out in engineroom - Vessel removed from berth by tugs on instructions of port authority and then towed back to complete discharging - Master declared general average - Whether there was a detention of vessel - Whether towage expenses claimed were port charges - York-Antwerp Rules, r. XI(b).

BROWNSVILLE HOLDINGS LTD. AND ANOTHER v. ADAMJEE INSURANCE CO. LTD. (THE “MILASAN”)

[2000] 2 Lloyd's Rep 458

Insurance (Marine) - Total loss - Insured peril - Construction - Yacht took in water and sank - Cause of loss - Whether caused by insured peril - Allegation that vessel deliberately cast away - Allegation of breach of warranty that vessel would have professional skippers and crew at all times - Whether vessel’s owner privy to plan to sink vessel deliberately - Whether insurers liable under policy.

XL INSURANCE LTD. v. OWENS CORNING

[2000] 2 Lloyd's Rep 500

Practice - Anti-suit injunction - Arbitration clause - Claim under insurance policy - Action brought in America - Whether insurance contract contained London arbitration clause - Law governing putative arbitration agreement - Effect of U.S. Federal Arbitration Act, 9 U.S.C.§1 - Whether injunction restraining defendants from pursuing insurance claim in American Courts should be granted.

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND OTHERS (No. 2)

[2000] 2 Lloyd's Rep 511

Bill of lading - Deceit - Conspiracy - Bill of lading antedated - Shipping documents presented after expiry of letter of credit - Bank made payment against documents - Bank claimed repayment on basis documents presented in time - Issuing bank refused payment - Bank claimed against defendants - Whether bank’s claim should be reduced to take into account bank’s partial responsibility for its own loss - Law Reform (Contributory Negligence) Act, 1945.

LOTUS CARS LTD AND OTHERS v. SOUTHAMPTON CARGO HANDLING PLC. AND OTHERS AND ASSOCIATED BRITISH PORTS (THE “RIGOLETTO”)

[2000] 2 Lloyd's Rep 532

Contract - Bailment - Himalaya clause - Stevedores’ conditions of business - Stevedores used fourth defendants’ compound at Southampton docks to store plaintiff’s sports cars awaiting shipment - One of the cars stolen - Whether stevedores and fourth defendants liable in bailment - Whether stevedores could rely on Himalaya clause contained in contract between stevedore and shipowner - Whether stevedores’ own conditions applied precluding reliance on Himalaya clause - Division of responsibility for loss.

ASTRA S.A. INSURANCE AND REINSURANCE CO. v. SPHERE DRAKE INSURANCE LTD. SPHERE DRAKE INSURANCE LTD. v. ADMINISTRATIA ASIGURARILOR DE STAT (AND ITS SUCCESSOR IN INTEREST, ASTRA S.A. INSURANCE AND REINSURANCE CO.)

[2000] 2 Lloyd's Rep 550

Arbitration - Arbitration agreement - Successors in interest - Insurance agreements between respondents and former Romanian state insurance company - Contracts contained arbitration agreements - Romanian state company ceased to exist - Whether applicants successors in interest to state company - Whether applicants bound to arbitrate disputes.

GEFCO (UK) LTD. v. MASON

[2000] 2 Lloyd's Rep 555

Carriage by road - CMR - Loss of profits - Damages for delay in delivery - Contract for carriage of goods between England and France - Defendant alleged renunciatory breach of claimants caused substantial loss of profits - Whether defendant’s claim for loss of profits excluded or otherwise irrecoverable - Whether damages for delay precluded - CMR, arts. 17, 23, 30.

THE “ABT RASHA”

[2000] 2 Lloyd's Rep 575

General average - Non-separation agreement - Construction - Bigham clause - Vessel carrying cargo of oil from Saudi Arabia to Rotterdam - Vessel encountered severe weather and hydraulic steering pumps became heavily damaged - Vessel diverted to port of refuge and general average declared - Contribution from cargo-owners capped under Bigham clause - Whether shipowners could recover balance from hull underwriters - Marine Insurance Act, 1906, s. 66.

ZEUS TRADITION MARINE LTD v. BELL (THE “ZEUS V”)

[2000] 2 Lloyd's Rep 587

Insurance (Marine) - Total loss - Policy condition - Construction - Insured yacht caught fire and became total loss - Underwriters denied liability - Steps relating to carrying out of survey to be taken by assured prior to vessel being brought into commission - Substance of survey required to be procured - Effect of non-compliance with requirements of condition - Non-disclosure of material fact.

SAFA LTD. v. BANQUE DU CAIRE

[2000] 2 Lloyd's Rep 600

Banking - Letters of credit - Summary judgment - Plaintiffs claimed as assignees of letters of credit - Application for summary judgment - Whether defendants had real prospect of defending claim at trial - Whether defendant could rely on defence of fraudulent demand - Whether plaintiffs entitled to summary judgment.

INNTREPRENEUR PUB CO. (GL) v. EAST CROWN LTD.

[2000] 2 Lloyd's Rep 611

Contract - Entire agreement clause - Collateral warranty - Agreement between tenant and claimant - Agreement contained an entire agreement clause - Claimant sought to enforce covenant in lease imposing beer tie - Tenant alleged collateral warranty that tenant not subject to beer tie - Whether tenant could rely on warranty - Whether claimant entitled to injunction restraining tenant from buying beer outside the tie.

THE “SPARTI”

[2000] 2 Lloyd's Rep 618

Admiralty practice - Maritime lien - Priority - Crew’s wages - Assignment of crew’s wages - Sale of vessel ordered by Court - Proceeds of sale insufficient to satisfy assignee and mortgagee - Whether maritime lien of wages capable of being assigned - Whether assignment prohibited by s. 93 of Merchant Shipping (Seafarers) Ordinance - Whether assignee’s claim had priority over mortgagee’s claim.

HENRY BOOT CONSTRUCTION (U.K.) LTD. v. MALMAISON HOTEL (MANCHESTER) LTD.

[2000] 2 Lloyd's Rep 625

Arbitration - Leave to appeal - Section 69(8) - Construction - Appeal against interim arbitration award - Award upheld and leave to appeal to Court of Appeal refused - Whether Court had jurisdiction to grant leave to appeal under s. 69(8) of the Arbitration Act, 1996 - Whether Court had power to review refusal of leave - Effect of s. 55 of Access to Justice Act, 1999.

MABANAFT INTERNATIONAL LTD. v. ERG PETROLI S.p.A. (THE “YELLOW STAR”)

[2000] 2 Lloyd's Rep 637

Charter-party (Voyage) - Demurrage - Limitation of time - Vessel voyage chartered by claimants - Ex ship contract for sale of fuel oil between claimants and defendants - Claimants claimed discharge port demurrage - Whether failure to include demurrage claim or invoice from owners caused claimants’ claim to be time barred.

FYFFES GROUP LTD. AND OTHERS v. TEMPLEMAN AND OTHERS

[2000] 2 Lloyd's Rep 643

Contract - Commission - Secret commission - Contracts negotiated for shipment of bananas - Allegation that secret commission paid to employee of claimants by defendants - Claimants claimed payment of all sums by way of bribes and secret commissions as damages and equitable compensation or an account of all profits made by the defendants as a result of dishonestly assisting in employee’s breaches of fiduciary duty - Whether defendants aware of true nature of commissions - Whether claimants entitled to damages.

SOMATRA LTD. AND OTHERS v. SINCLAIR ROCHE & TEMPERLEY

[2000] 2 Lloyd's Rep 673

Practice - Discovery - “Without prejudice” material - Waiver - Plaintiffs claimed damages for professional negligence - Application for discovery of without prejudice material - Whether defendants had waived without prejudice privilege.

RAIFFEISEN ZENTRALBANK OSTERREICH A.G. v. FIVE STAR GENERAL TRADING L.L.C. AND OTHERS (THE “MOUNT I”)

[2000] 2 Lloyd's Rep 684

Conflict of laws - Insurance (Marine) - Assignment - Vessel insured with French insurers - First defendants assigned insurance on vessel to claimant bank - Notice of assignment not given in accordance with French law - Vessel in collision with cargo carrying vessel - Vessel arrested and sold through Malaysian Court - Cargo-owners obtained attachments in France of insurance and their proceeds - Whether assignment governed by English law - Effect of art. 12 of Rome Convention.

LAFARGE PLASTERBOARD LTD. v. FRITZ PETERS & CO. K.G.

[2000] 2 Lloyd's Rep 689

Contract - Jurisdiction - Exclusive jurisdiction clause - Dispute between English claimant and German defendant - Claimants brought action in England - Whether English Courts had jurisdiction - Whether exclusive jurisdiction clause in claimants’ terms formed part of contract - Whether defendants should be sued in Germany - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 17.

JAN DE NUL (U.K.) LTD. v. N.V. ROYALE BELGE

[2000] 2 Lloyd's Rep 700

Insurance (Third party liability) - Negligence - Nuisance - Public nuisance - Capital dredging operations in Southampton Water - Silt deposited in estuary - Occupiers of property lying along estuary required claimants to carry out remedial works to remove silt - Whether claimants incurred any legal liability to those claimants in negligence, nuisance and public nuisance - Whether claimants could recover under policy costs incurred in removal of silt.

Lloyd's Law Reports