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DAEWOO HEAVY INDUSTRIES LTD. AND ANOTHER v. KLIPRIVER SHIPPING LTD. AND ANOTHER (THE “KAPITAN PETKO VOIVODA”) [2003] EWCA Civ. 451

[2003] 2 Lloyd's Rep. 1

Carriage by sea - Limitation of liability - Deck cargo - Cargo carried on deck in breach of contract of carriage which was governed by Hague Rules - Whether carrier entitled to limit liability for loss or damage to that cargo pursuant to art. IV, r. 5.

THE “TOPAZ” AND “IRAPUA” [2003] EWHC 320 (Admlty)

[2003] 2 Lloyd's Rep. 19

Collision - Crossing vessels - Apportionment of liability - Collision off east coast of Brazil - Navigation of claimants’ vessel - Alleged faults in navigation - Whether causative - Apportionment of blame - Collision Regulations, 1972, rr. 15, 16, 17

CLEGG v ANDERSSON T/A NORDIC MARINE [2003] EWCA Civ. 320

[2003] 2 Lloyd's Rep. 32

Sale of yacht - Rejection - Breach of condition - Vessel sold with overweight keel - Whether breach of condition not as described or of satisfactory condition - Whether claimant lost right to reject - Quantum - Sale of Goods Act, 1979, ss. 13, 14.

CMA CGM S.A. v. CLASSICA SHIPPING CO. LTD. [2003] EWHC 641 (Comm)

[2003] 2 Lloyd's Rep. 50

Charter-party (Time) - Limitation of liability - Charterers - Vessel and cargo damaged by fire and explosion - Owners claimed against charterers - Whether charterers entitled to limit liability pursuant to Convention on the Limitation of Liability for Maritime Claims, 1976.

HIH CASUALTY AND GENERAL INSURANCE LTD. AND OTHERS v. CHASE MANHATTAN BANK AND OTHERS [2003] UKHL 6

[2003] 2 Lloyd's Rep. 61

Insurance (Financial contingency) - Non-disclosure - Misrepresentation - Duty of utmost good faith - Contracts for and of insurance - Allegations of non-disclosure and misrepresentation - Whether insurers entitled to avoid or rescind contract - Whether insurers entitled to damages for fraudulent and negligent misrepresentation - Whether breach of duty of utmost good faith.

JINDAL IRON & STEEL CO. LTD AND OTHERS v ISLAMIC SOLIDARITY SHIPPING CO. JORDAN INC. AND ANOTHER (THE JORDAN II) [2003] EWCA Civ. 144

[2003] 2 Lloyd's Rep. 87

Bill of lading - Art. III, r. 2 - Construction - Damage to cargo - Allegation damage caused by defective loading, stowage or discharge - Whether rule imposed obligation to properly and carefully load, stow or discharge - Meaning and effect of art. III, r. 2 of the Hague-Visby Rules on bills of lading.

THE “JUNTHA RAJPRUECK” [2003] EWCA Civ 378

[2003] 2 Lloyd's Rep. 107

Carriage by sea - Letter of undertaking - Com- petent Court - Meaning - Cargo damage claims - Letter of undertaking given by P & I Club - Club alleged English Admiralty Court not a competent Court to entertain action in rem -Whether LOU obliged club to instruct solicitors to accept claim form and acknowledge service - Meaning of competent Court.

J. I. MACWILLIAM CO. INC v. MEDITERRANEAN SHIPPING CO. S.A. (THE “RAFAELA S”) [2002] EWCA Civ 556

[2003] 2 Lloyd's Rep. 113

Bill of lading - Straight bill - Limitation of liability - Port of shipment - Carriage of goods from Durban to Felixstowe to Boston - No bill of lading issued for Felixstowe-Boston leg - Cargo damaged - Whether bill a straight bill - Whether port of shipment Felixstowe - Whether Hague-Visby Rules compulsorily applicable - Whether defendants entitled to limit liability under U.S. Carriage of Goods by Sea Act, 1936.

ABCI (formerly ARAB BUSINESS CONSORTIUM INTERNATIONAL FINANCE AND INVESTMENT CO.) v. BANQUE FRANCO-TUNISIENNE AND OTHERS [2003] EWCA Civ 205

[2003] 2 Lloyd's Rep. 146

Contract - Jurisdiction - Dispute under contract to purchase shares - Allegations that settlement agreements null and void being procured under duress - Allegations of fraudulent misrepresentations and conspiracy to defraud - Whether claims within R.S.C., O. 11, r. 1(1) - Whether good arguable case - Whether time bar applicable - Whether leave to serve out of jurisdiction should be granted.

SANDEMAN COPRIMAR S.A. v. TRANSITOS Y TRANSPORTES INTEGRALES S.L. AND OTHERS [2003] EWCA Civ 113

[2003] 2 Lloyd's Rep. 172

Carriage by road - CMR - Successive carriers - Carriage of consignment of tax seals - Guarantee given to Spanish tax authorities - Call on guarantee - Whether guarantee too remote to be recovered from successive carriers - Whether guarantee payment “other charges” under art. 23.4 - Whether successive carriers liable as bailees of the seals - Whether successive carriers could elect whether to rely on art. 23 - CMR art. 23.

THE “PEARL” AND “JAHRE VENTURE” [2003] EWHC 838 (Admlty.)

[2003] 2 Lloyd's Rep. 188

Collision - Vessels at anchor - Apportionment of liability - Collision in Fujairah “B” anchorage - Allegations of fault - Whether claimants’ or defendants’ vessel 100 per cent. liable for collision - Apportionment of liability for collision.

TRAFIGURA BEHEER B.V. v. GOLDEN STAVRAETOS MARITIME INC. (THE “SONIA”) [2003] EWCA Civ 664

[2003] 2 Lloyd's Rep. 201

Charter-party (Voyage) - Limitation of time - Delivery - Construction - Carriage of jet fuel cargo to Lagos at lumpsum freight - Cargo rejected at Lagos by receivers before being discharged - Vessel ordered to wait at Abidjan - Charterers arranging sale of cargo in Mediterranean - Charterers and shipowners agreeing that vessel should proceed to Mediterranean on agreed terms - Charterers instructing vessel to discharge at Agioi Theodori, Greece - Charterers bringing cargo claim more than one year after cargo should have been discharged at Lagos but within one year of discharge at Agioi Theodori - Shipowners applying for summary judgment under CPR Part 24 on basis that claim time barred - Whether cargo delivered under contract of carriage - Whether claim time barred under art. III, r. 6 of the Hague-Visby Rules.

ZIEMNIAK v. ETPM DEEP SEA LTD. [2003] EWCA Civ 636

[2003] 2 Lloyd's Rep. 214

Damages - Personal injury - Breach of statutory duty - Seaman sustaining personal injury during lifeboat test in harbour - Suspension chain failed causing lifeboat to fall into water - Breach by employer of reg. 43(10) of the Merchant Shipping (Life-Saving Appliances) Regulations, 1980 - Whether regulation imposed civil liability on employer if breached.

ARKIN v. BORCHARD LINES LTD. AND OTHERS [2003] EWHC 687 (Comm)

[2003] 2 Lloyd's Rep. 225

Carriage by sea - Breach of Treaty of Rome - Arts. 81 and 82 - Claimants operated liner service - Allegations that defendants occupied and abused dominant position - Whether defendants entitled to rely on block exemption - Whether breaches caused claimants heavy losses - Whether insolvency of claimants a defence to claim - Quantification of damages.

NIMA S.A.R.L. v. THE DEVES INSURANCE PUBLIC CO. LTD. (THE “PRESTRIOKA”) [2002] EWCA Civ 1132

[2003] 2 Lloyd's Rep. 327

Insurance (Marine) - Jurisdiction - Application to set aside - Cargo insured under all risks marine cargo policy issued in Bangkok - Cargo never arrived at its destination - Insurers alleged claimants victim of “phantom ship” fraud and risk never attached by virtue of s. 44 of the Marine Insurance Act, 1906 - Whether claimants had good arguable case - Whether Thailand more appropriate forum - Whether application to set aside proceedings should be granted.

GRANVILLE OIL & CHEMICALS LTD. v. DAVIS TURNER & CO. LTD. [2003] EWCA Civ 570

[2003] 2 Lloyd's Rep. 356

Freight forwarders - Clause 30(B) of BIFA - Reasonableness - Goods damaged in transit - Insurers denied liability - Whether cl. 30(B) satisfied requirements of reasonableness prescribed by Unfair Contract Terms Act, 1977.

SIBOTI K/S v. BP FRANCE S.A. [2003] EWHC 1278 (Comm)

[2003] 2 Lloyd's Rep. 364

Bill of lading - Exclusive jurisdiction clause - Incorporation - Exclusive English jurisdiction clause in voyage charter - Bills of lading issued in respect of shipment of cargo - Non-payment of freight - Whether exclusive jurisdiction clause incorporated in bill of lading - Whether proceedings should be set aside.

EVIALIS S.A. v. S.I.A.T. AND OTHERS [2003] EWHC 863 (Comm)

[2003] 2 Lloyd's Rep. 377

Sale of goods (c.i.f.) - Insurance - Jurisdiction - Stay of action - Contract for sale of goods - Goods insured under open cover by Italian brokers - Goods found to be damaged on discharge - Claim under insurance - Whether insurance contract provided for Italian jurisdiction - Whether anti-suit injunction should be granted - Whether action should be stayed.

SOCIÉTÉ ERAM SHIPPING CO. LTD. v. COMPAGNIE INTERNATIONALE DE NAVIGATION AND OTHERS AND HONG KONG AND SHANGHAI BANKING CORPORATION LTD [2003] UKHL 30

[2003] 2 Lloyd's Rep. 405

Banking - Garnishee absolute - Double jeopardy - Garnishee order made against foreign bank within jurisdiction on account made with it by judgment debtor at branch outside the jurisdiction - Whether garnishee order should be made absolute - Whether risk of double jeopardy.

INTERNAUT SHIPPING GmbH AND ANOTHER v. FERCOMETAL SARL (THE “ELIKON”) [2003] EWCA Civ 812

[2003] 2 Lloyd's Rep. 430

Arbitration - Identification of party to arbitration - Arbitration commenced on behalf of “owners” under charter-party - Body of charter-party referred to owners as Sphinx Navigation Ltd. c/o Internaut Shipping GmbH - Charter-party signed by Internaut as “owners” without qualification - Points of claim named Sphinx as “Claimants (Owners)” - Points of defence admitted that Sphinx were owners - Interim awards made in favour of Sphinx - Owners’ solicitors subsequently asserted that owners were Internaut and not Sphinx, and that references to Sphinx in the arbitration were a mere misnomer - Whether Internaut or Sphinx was party to the charter-party - Whether Internaut or Sphinx was party to the arbitration - Whether references to Sphinx in the arbitration were a mere misnomer - Whether arbitration a nullity

ALI REZA-DELTA TRANSPORT CO. LTD. v. UNITED ARAB SHIPPING CO. S.A.G [2003] EWCA Civ 684

[2003] 2 Lloyd's Rep. 450

Damages - Measurement - Destruction of chattels - Port handling equipment destroyed in Saudi Arabia - No evidence that claimants intended to replace equipment - Second-hand replacement equipment only available in Europe - Whether market value of destroyed chattels should reflect costs of transportatation and tropicalization for use in Saudi Arabia.

ALI REZA-DELTA TRANSPORT CO. LTD. v. UNITED ARAB SHIPPING CO. SAG (No. 2) [2003] EWCA Civ 811

[2003] 2 Lloyd's Rep. 455

Practice - Costs - Costs of appeal to Court of Appeal on issue of damages - Indemnity or standard basis - Prior to appeal hearing claimant made offer under CPR 36 to accept U.S.$227,400 plus costs of trial on indemnity basis but waiving any interest uplift on damages and costs - Court of Appeal allowed appeal and awarded claimant damages of U.S.$227,400 plus costs of trial on indemnity basis and interest at 3 per cent. over prime rate - Whether CPR 36.21 applicable - Whether Part 36 offer can include term as to uplift interest - Whether Court of Appeal should exercise its discretion under CPR 44.3 to award costs on indemnity basis.

JARL TRÄ AB AND OTHERS v. CONVOYS LTD. [2003] EWHC 1488 (Comm)

[2003] 2 Lloyd's Rep. 459

Carriage by sea - Lien - Delivery up of goods - Claimants shipped parcels of timber on vessels operated by liner service - Defendant stevedores and wharfingers employed by liner service to handle cargo - Liner service in administration - Defendants exercised lien on goods in respect of moneys owing to them - Whether defendants entitled to exercise lien - Whether claimants entitled to delivery up of goods.

FLEMING & WENDELN G.m.b.H. & Co. v. SANOFI SA/AG [2003] EWHC 561 (Comm)

[2003] 2 Lloyd's Rep. 473

Arbitration - Award - Non-delivery - Date of default - Contract for sale of Russian/Ukrainian black sunseed crop - Failure to deliver balance under contract - Whether sellers in default - Date on which contract price to be assessed.

CRONOS CONTAINERS N.V. AND ANOTHER v. PALATIN AND OTHERS CRONOS CONTAINERS N.V. v. SAME CRONOS EQUIPMENT (BERMUDA) LTD. v. PALATIN [2002] EWHC 2819 (Comm)

[2003] 2 Lloyd's Rep. 489

Practice - Jurisdiction - Forum conveniens - Allegations by claimant that they were defrauded by defendants - Defendants disputed jurisdiction of Court - Effect of proceedings in Luxembourg - Whether actions should be stayed or set aside.

LESOTHO HIGHLANDS DEVELOPMENT AUTHORITY v. IMPREGILO S.P.A. AND OTHERS [2003] EWCA Civ 1159

[2003] 2 Lloyd's Rep. 497

Arbitration - Award - Remission - Currency - Interest - Dispute under construction contract referred to arbitration - Arbitrators regarded themselves free to choose currency on which award should be paid and basis on which and rate at which interest to be paid - Whether Judge entitled to order remission of award.

WELEX A.G. v. ROSA MARITIME LIMITED (THE “EPSILON ROSA”) [2003] EWCA Civ 938

[2003] 2 Lloyd's Rep. 509

Bill of lading - Arbitration clause - Incorporation - Shipment of steel plates from Ukraine to Poland - Recap telex evidencing fixture included arbitration clause - Whether recap telex constituted the charter-party - Whether formal charter executed prior to completion of discharge referable to date prior to bill of lading - Whether arbitration clause incorporated in bill of lading. Arbitration - Arbitration clause - Incorporation - Anti-suit injunction - Earlier proceedings held clause incorporated on assumption English law applied by virtue of art. 8(1) of Rome Convention - Whether claimant could rely on Ukraine or Swiss law to establish it did not consent to incorporation by virtue of art. 8(2) of Rome Convention - Whether defendants entitled to anti-suit injunction to restrain proceedings otherwise than by arbitration.

THE “BORVIGILANT” AND “ROMINA G” [2003] EWCA Civ 935

[2003] 2 Lloyd's Rep. 520

Agency - Beneficial clause - Collision between tug and tanker off Kharg Island - Whether tugowner could take advantage of beneficial clause in tug requisition form under traditional agency principles - Whether ratification applied - Whether tugowner entitled to exclude liability if tug unseaworthy.

AGRIMEX LTD. v. TRADIGRAIN S.A. AND OTHERS [2003] EWHC 1656 (Comm)

[2003] 2 Lloyd's Rep. 537

Arbitration - Award - Fees - Application to consider and adjust fees - Dispute over demurrage referred to arbitration - Legal draftsman appointed to attend hearing and draft award - Proportionality of fees charged - Whether fees should be adjusted.

LINKLATERS v. HSBC BANK PLC AND ANOTHER [2003] EWHC 1113 (Comm)

[2003] 2 Lloyd's Rep. 545

Banking - Indemnity/warranty - Contribution - Cheque crossed “a/c payee only” drawn by English customer on its English bank payable to English payee - Cheque stolen - Cheque credited by Spanish bank to Puerto Rican company and proceeds withdrawn - English payee’s claim settled by English and Spanish banks - Whether English bank entitled to be indemnified by Spanish bank in respect of settlement - Contributions Spanish and English banks entitled to recover from each other.

SABAH SHIPYARD (PAKISTAN) LTD. v. ISLAMIC REPUBLIC OF PAKISTAN AND ANOTHER [2002] EWCA Civ 1643

[2003] 2 Lloyd's Rep. 571

Practice - Jurisdiction - Jurisdiction clause - Anti-suit injunction - Dispute under contracts relating to barge mounted electric generation facility at Karachi - Collateral guarantee gave jurisdiction to English Courts - Whether defendants in waiving sovereign immunity consented to English Court having jurisdiction to grant anti-suit injunction - Proper construction of jurisdiction clause - Defendant obtained injunction restraining claimants from commencing proceedings in England - Whether injunction restraining defendants from continuing proceedings in Pakistan should be granted.

PETROLEO BRASILEIRO S.A. v. KRITI AKTI SHIPPING CO. S.A. (THE “KRITI AKTI”) [2003] EWHC 1634 (Comm)

[2003] 2 Lloyd's Rep. 584

Charter-party (Time) - Duration - Vessel chartered for “11 months, 15 days more or less in charterers’ option” - Clause 18 providing that should vessel be upon a voyage “at the expiry of the period of this charter” charterers should have the use of the vessel for completion of the round voyage - Clause 50 providing that any time off-hire shall count “as part of the charter period” and giving charterers option to use time off-hire as extension to “charter period” - Charterers exercising cl. 50 option to use time off-hire as extension to “charter period” - Whether “the period of this charter” in cl. 18 included 11-month period plus 15 days in charterers’ option plus off-hire extension.

NIPPON YUSEN KUBISHIKI KAISHA v. GOLDEN STRAIT CORPORATION (THE “GOLDEN VICTORY”) [2003] EWHC 16

[2003] 2 Lloyd's Rep. 592

Charter-party (Time) - Redelivery - Charterers’ option for period - Construction - Time charter for seven years - Option to charter back vessel at three and five years - Vessel redelivered - Owners treated redelivery as repudiatory breach - Whether charterers entitled to redeliver vessel under charterers’ option for period.

EVERGREEN MARINE CORPORATION v. ALDGATE WAREHOUSE (WHOLESALE) LTD. [2003] EWHC 667 (Comm)

[2003] 2 Lloyd's Rep. 597

Bill of lading - Freight - Demurrage - Freight agreement between claimant and defendant - Defendants added as additional notify party in bill of lading - Non-payment of freight and demurrage - Effect of freight agreement - Whether defendant liable for freight and demurrage.

DART HARBOUR AND NAVIGATION AUTHORITY v. SECRETARY OF STATE FOR TRANSPORT LOCAL GOVERNMENT AND THE REGION [2003] EWHC 1494 (Admin)

[2003] 2 Lloyd's Rep. 607

Navigation - Mooring licences - Judicial review - Secretary of State decided mooring licence unreasonably refused - Definition of mooring - Whether decision should be quashed.

(1) PEOPLE’S INSURANCE COMPANY OF CHINA, HEBEI BRANCH (2) CHINA NATIONAL FEEDING STUFF IMPORT/EXPORT CORPORATION v. VYSANTHI SHIPPING CO. LTD. (THE “JOANNA V”) [2003] EWHC 1655 (Comm)

[2003] 2 Lloyd's Rep. 617

Conflict of laws - Bill of lading - Limitation of time - London arbitration clause - Cargo-owners and insurers brought action in Chinese Courts - Shipowners brought London arbitration proceedings - Cargo-owners objected to arbitrator’s jurisdiction - Chinese Courts determined that they had jurisdiction - Arbitrator held that he had jurisdiction and made award on merits in shipowners’ favour - Cargo-owners did not seek to challenge award for jurisdiction - Chinese Court subsequently gave judgment in cargo-owners’ favour - Cargo-owners and insurers sought to extend time for challenging arbitration award - Whether time should be extended - Whether leave should be given to enforce award - Arbitration Act, 1996.

GKN WESTLAND HELICOPTERS LIMITED AND ANOTHER v. KOREAN AIR PRESS TECH CONTROLS LIMITED v. KOREAN AIR [2003] EWHC 1120 (Comm)

[2003] 2 Lloyd's Rep. 629

Practice - Costs - Carriage of goods by air - Warsaw Convention - Destruction of cargo - Limitation of liability - Carrier contended that claims should be limited under Convention and offered to pay compensation subject to limit - Claimants declined offers and brought proceedings for full value of cargo loss - Carrier made payments into Court based on limitation figures - Claimants accepted payments in Court - Whether claimants entitled to automatic costs under CPR Part 36 or whether precluded from recovering costs by art. 22(4) of Convention - Whether payment into Court an award of damages by the Court within meaning of art. 22(4)

MAMIDOIL-JETOIL GREEK PETROLEUM CO. S.A. AND MOIL-COAL TRADING CO. LTD. v. OKTA CRUDE OIL REFINERY A.D. (NO. 2)

[2003] 2 Lloyd's Rep. 635

Contract - Breach - Force majeure - Failure to perform contract - Whether failure to perform attributable to request by government not to perform contract.

MAMIDOIL-JETOIL GREEK PETROLEUM CO. S.A. AND ANOTHER v. OKTA CRUDE OIL REFINERY A.D. MOIL-COAL TRADING CO. LTD. v. OKTA CRUDE OIL REFINERY A.D. (NO. 3) [2003] EWCA Civ 617

[2003] 2 Lloyd's Rep. 645

Practice - Permission to appeal - Stay of execution - Security for costs - Application to set aside grant of permission to appeal on ground that defendant had no real prospect of success on appeal - Whether application should be granted - Whether stay of action pending appeal should be set aside - Whether conditions on continuation of permission to appeal should be imposed - Whether security for costs should be provided by defendants.

MAINTOP SHIPPING COMPANY LIMITED v. BULKINDO LINES PTE LIMITED (THE “MARINICKI”) [2003] EWHC 1894 (Admlty.)

[2003] 2 Lloyd's Rep. 655

Charter-party (Time) - Safe port warranty -Breach Charterers ordered vessel to Jakarta - Vessel sustained serious bottom damage - Whether damage caused by underwater obstruction in dredged channel constituting designated route to Jakarta or whether caused by vessel running over own anchor prior to entry into port of Jakarta - Whether charterers in breach of safe port warranty.

PORTOLANA COMPANIA NAVIERA LIMITED v. (1) VITOL S.A., INC. (2) VITOL S.A. OF SWITZERLAND (THE “AFRAPEARL”) [2003] EWHC 1904 (Comm)

[2003] 2 Lloyd's Rep. 671

Charterparty (Voyage) - Demurrage - Delay - Laytime - Vessel gave notice of readiness to discharge oil cargo at seaberth pipeline - Vessel berthed and commenced discharge of cargo - Vessel required to shift from sea berth to anchorage on two occasions to enable leak in pipeline to be repaired - Whether time spent at anchorage awaiting repair of pipeline counted as laytime and/or time on demurrage - Whether time spent shifting from anchorage to sea berth counted as laytime and/or time on demurrage - Whether delay caused by breakdown of equipment in or about the plant of the consignee of the cargo - Whether owners entitled to additional costs incurred by reason of additional shifting operations.

EXXONMOBIL SALES AND SUPPLY CORPORATION v. TEXACO LIMITED (THE “HELENE KNUTSEN”) [2003] EWHC 1964 (Comm)

[2003] 2 Lloyd's Rep. 686

Sale of goods (c.i.f.) - Express or implied term - Summary judgment - Contract for sale of Ultra Low Sulphur Auto Diesel - Contract provided for independent inspector to determine quality and quantity at load port - Inspector’s certificate to be final and binding save fraud and/or manifest error - Inspector determined that cargo complied with specification - Cargo rejected by buyers for failing to meet specification - Whether contract contained express or implied term that samples tested by inspector would be retained for retesting - Whether sellers entitled to summary judgment.

OCEAN MARINE NAVIGATION LIMITED v. KOCH CARBON INC. (THE “DYNAMIC”) [2003] EWHC 1936 (Comm)

[2003] 2 Lloyd's Rep. 693

Charter-party (Time) - Redelivery - Hire - Vessel arrested by charterers - Whether hire continued to be payable - Whether charterers in repudiatory breach of contract in redelivering vessel - Owners not accepting repudiation - Whether owners bound to accept charterers’ repudiation and sue for damages - Whether owners were entitled to recover damages for repudiatory breach equivalent to the hire for the period of the arrest

P.T. PUTRABALI ADYAMULIA v. SOCIÉTÉ EST EPICES SAME v. ENRICO WEBB JAMES SNC (THE “INTAN 6 V.360A SN”)

[2003] 2 Lloyd's Rep. 700

Sale of goods (c.&f.) - Rejection of documents - Declaration of shipment clause - Construction - Validity - Whether notice of declaration given in respect of shipment on board ocean-going ship or unpowered barge a valid notice - Whether lawyers entitled to reject documents.

THE “TASMAN PIONEER”

[2003] 2 Lloyd's Rep. 713

Admiralty practice - Limitation of liability - Limitation fund - Vessel grounded in Inland Sea of Japan - Damage caused to cargo - Charterers applied for decree limiting its liability to claimants and fixing amount - Whether decree should be granted - Whether defendants entitled to order requiring charterers to pay fixed amount into Court - Whether Court had jurisdiction so to order - Maritime Transport Act, 1994, ss. 84, 85.

NORTHERN FOODS PLC v. FOCAL FOODS LTD.

[2003] 2 Lloyd's Rep. 728

Contract - Breach - Repudiatory breach - Contract for supply of fixed percentages of onions - Breach by claimants of failing to order promised percentages from defendants - Whether breach sufficient to terminate contract - Whether defendants could justify refusal to supply onions by reliance on claimant’s breach - Whether claimant entitled to nominal damages.

AIR FOYLE LTD. AND ANOTHER v. CENTER CAPITAL LTD. [2002] EWHC 2535 (Comm)

[2003] 2 Lloyd's Rep. 753

Conflict of laws - Title to aircraft - Res judicata estoppel - Aircraft purchased by Dutch claimants at Dutch auction and by defendants under Russian contract of sale - Proceedings brought in Russia and Netherlands - Whether decisions of Russian or Dutch Court gave rise to issues of res judicata estoppel - Validity of title to aircraft under Russian or Dutch law.

AMIRI FLIGHT AUTHORITY v. BAE SYSTEMS PLC AND ANOTHER [2003] EWCA Civ 1447

[2003] 2 Lloyd's Rep. 767

Carriage by air - Exclusion clause - Indemnity - Contract for service of aircraft - Aircraft developed corrosion - Whether defendants could rely on exclusion clause - Whether s. 26 of the Unfair Contract Terms Act, 1977 applicable to the exclusion clause.

HUYTON S.A. v. DISTRIBUIDORA INTERNACIONAL DE PRODUCTOS AGRICOLAS S.A. DE CV [2003] EWCA Civ 1104

[2003] 2 Lloyd's Rep. 780

Contract - Joint venture agreement - Sale of Ethiopian whitish sesame seeds - Joint venture cancelled - Sales agreement entered into - Whether representation had induced claimants to enter into S.A. - Whether JVA had been rescinded - Judge found Huyton did not know seeds were stored in Dipasa’s warehouse - Whether Dipasa made any representations - Allegation that claimant knew or suspected that in part seeds were old crops and not 1997/1998 year.

SOMATRA LTD. v. SINCLAIR ROCHE & TEMPERLEY [2003] EWCA Civ 1474

[2003] 2 Lloyd's Rep. 855

Professional negligence - Breach of duty - Settlement - Dispute as to conduct of proceedings - Settlement agreed at two-thirds of claim - Whether claimants suffered no loss because two-third settlement was what case would have settled for.

JORDAN GRAND PRIX LTD v. VODAFONE GROUP [2003] EWHC 1956 (Comm)

[2003] 2 Lloyd's Rep. 874

Contract - Validity - Alleged breach - Sponsor agreement - Claimants claimed defendants in telephone conversation agreed to be the Formula One Grand Prix title sponsor of the claimants for three seasons - Claimants alleged breach - Defendants denied any such agreement - Whether authority to make agreement - Validity of agreement.

MAHONIA LTD. v. JP MORGAN CHASE BANK AND ANOTHER [2003] EWHC 1927 (Comm)

[2003] 2 Lloyd's Rep. 911

Banking - Letter of credit - Enforceability - Whether and in what circumstances a bank can rely on illegality affecting letter of credit as an excuse for failure to pay.

Lloyd's Law Reports