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SHAMIL BANK OF BAHRAIN v. BEXIMCO PHARMACEUTICALS LTD.

[2004] 2 Lloyd's Rep. 1

Conflict of laws - Choice of law - Loan - Defendants borrowers and guarantors of loans made by claimant bank - Loans governed by English law but subject to principles of Shari’a law - Whether agreement could have two governing laws - Whether reference to Shari’a law should be given effect - Contracts (Applicable Law) Act, 1990.

VIRANI LIMITED v. MANUEL REVERT Y CIA S.A.

[2004] 2 Lloyd's Rep. 14

Damages - Currency - Breach of contract - Sale of cloth - Price denominated in Spanish pesetas - Buyers failing to take delivery - Appropriate currency in which sellers’ loss should be assessed - Whether damages should be assessed in U.S. dollars or euros.

SAUDI ARABIA MONETARY AGENCY v. DRESDNER BANK AG

[2004] 2 Lloyd's Rep. 19

Banking - Set-off - Bank failing to transfer contents of account contrary to instructions of customer - Bank alleging that customer was trustee of funds for debtors of Bank - Nature of required evidence of trusteeship - Whether customer entitled to summary judgment.

TEKRON RESOURCES LTD. v. GUINEA INVESTMENT CO. LTD.

[2004] 2 Lloyd's Rep. 26

Contract - Claimant agreeing to act as intermediary for defendant under representation agreement - Claimant arranging agreement for defendant - Action for sums due to claimant by way of brokerage - Allegation that T had used influence over officials of Government of Guinea - Whether agreement illegal under law of Guinea - Whether agreement unenforceable in England.

NEWCASTLE PORT CORPORATION. v. PEVITT AND OTHERS (THE “ROBERT WHITMORE”)

[2004] 2 Lloyd's Rep. 47

Admiralty practice - Limitation of liability - Claims for loss of life and personal injury - Collision between pilot vessel and dinghy in Newcastle Harbour - Whether Convention on the Limitation of Liability for Maritime Claims, 1976, art. 2 limited costs of litigation.

ROWLAND v. ENVIRONMENT AGENCY

[2004] 2 Lloyd's Rep. 55

Navigation - Public rights - Existence - Legitimate expectation - Dispute as to public rights of navigation (PRN) on non-tidal part of River Thames - Whether PRN existing over Thames in 1885 could be extinguished - Whether doctrine of legitimate expectation entitled owner of riparian rights to extinguishment of PRN - Effect of Human Rights Convention - Thames Preservation Act, 1885, ss. 2, 5.

21ST CENTURY LOGISTIC SOLUTIONS LTD. v. MADYSEN LTD.

[2004] 2 Lloyd's Rep. 92

Sale of goods - Illegality - Company formed as part of VAT fraud scheme - Goods purchased from abroad and resold in England - VAT charged on resale - Buyer alleged that seller did not intend to pay VAT to Her Majesty’s Customs and Excise - Whether contract illegal - Whether illegality remote from contract.

CATERPILLAR FINANCIAL SERVICES CORPORATION v. SNC PASSION

[2004] 2 Lloyd's Rep. 99

Banking - Loan agreement - Applicable law - Express choice of law - Whether mandatory French public policy rules applicable - Contracts (Applicable Law) Act, 1995 - Rome Convention 1980, arts. 3.1 and 3.3.

ATLANSKA PLOVIDBA AND ANOTHER v. CONSIGNACIONES ASTURIANAS S.A. (THE “LAPAD”)

[2004] 2 Lloyd's Rep. 109

Arbitration - Commencement - Dispute under contract contained in booking note - Letter of Dec. 24, 2003 giving notice of referral of all disputes “arising under the bill of lading” - Whether effective notice of arbitration - Application for appointment of arbitrator under s. 18 Arbitration Act, 1996 - Whether existence of Spanish proceedings relevant to exercise of discretion to appoint arbitrator.

KASTOR NAVIGATION CO. LTD. v. AGF MAT

[2004] 2 Lloyd's Rep. 119

Insurance (marine) - Vessel being damaged by fire and becoming constructive total loss - Vessel sinking almost immediately afterwards from separate cause and becoming actual total loss - Whether assured could recover for constructive total loss - Consecutive losses - Notice of abandonment - Circumstances in which notice not required - Costs - Whether Judge’s costs order correct - Marine Insurance Act, 1906, ss. 62 and 77.

BRISTOW HELICOPTERS LTD. v. SIKORSKY AIRCRAFT CORPORATION

[2004] 2 Lloyd's Rep. 150

Aviation - Conflict of laws - Declaration for negative relief - Crew of helicopter killed - Proceedings brought by operators against manufacturers - Operators also seeking declaration that their liability to crew was limited - Manufacturers commencing Part 20 Proceedings seeking declaration of non-liability to crew - Whether English proceedings should be set aside or stayed.

DUMFORD TRADING A.G. v. OAO ATLANTRYBFLOT

[2004] 2 Lloyd's Rep. 157

Contract - Guarantee - Dispute as to identity of guarantor - Misdescription - Whether address of company part of description of company - Admissibility of extrinsic evidence to resolve uncertainty.

DANMARKS REDERIFORENING v. LO LANDSORGANISATIONEN I SVERIGE Case C-18/02

[2004] 2 Lloyd's Rep. 162

Conflict of laws - Jurisdiction - Place in which harmful act occurred - Dispute concerning terms of employment of crew on vessel registered in Denmark - Sympathy action ordered by Swedish trade union - Place where wrongful act was committed - Place where shipowner suffered loss - Brussels Convention, 1968, art. 5(3).

TURNER v. GROVIT Case C-159/02

[2004] 2 Lloyd's Rep. 169

Jurisdiction - Anti-suit injunctions - Employee commencing unfair dismissal proceedings in England - Employers commencing action for damages for breach of duty in Spain - Court of Appeal granting anti-suit injunction to prevent employers from continuing Spanish action - Whether anti-suit injunctions compatible with EC law - Brussels Convention, 1968.

SUNLIGHT MERCANTILE PTE. LTD. AND ANOTHER v. EVER LUCKY SHIPPING COMPANY LTD.

[2004] 2 Lloyd's Rep. 174

General average - Expenditure incurred due to unseaworthiness of vessel - Claim by shipowners against cargo owners for general average contribution - Bills of lading relating to deck cargo excluded responsibility of shipowners for loss and damage “howsoever arising” or “howsoever caused” - York-Antwerp Rules, 1974 - Whether actionable fault on part of shipowners - Whether shipowners entitled to contribution - English High Court decision not followed.

DEPARTMENT OF ECONOMIC POLICY AND DEVELOPMENT OF THE CITY OF MOSCOW v. BANKERS TRUST CO. INTERNATIONAL INDUSTRIAL BANK

[2004] 2 Lloyd's Rep. 179

Arbitration - Privacy - Parties agreeing to go to arbitration under UNCITRAL Rules - Challenge to award under section 68 of the Arbitration Act, 1996 - Judgment published on Lawtel - Application by defendants to maintain secrecy of judgment - Circumstances in which hearing should be in private - Circumstances in which judgment itself should remain private - Civil Procedure Rules, Parts 39 and 68.

MARUBENI HONG KONG AND SOUTH CHINA LTD. v. GOVERNMENT OF MONGOLIA

[2004] 2 Lloyd's Rep. 198

Guarantee - Agency - Contract of sale - Goods supplied by Hong Kong company to Mongolian company - Sums due guaranteed by letter signed by Mongolian Minister of Finance - Subsequent variation of contract of sale - Claim under the guarantee - Whether Minister of Finance expressly authorized to grant guarantee - Whether Mongolian Government held out Minister as having authority by legal opinion from Deputy Minister of Justice - Whether Mongolian Government discharged as guarantor by subsequent variations to contract of sale.

KASTNER v. JASON SHERMAN v. KASTNER

[2004] 2 Lloyd's Rep. 233

Arbitration - Agreement by parties for arbitration to be conducted by a Beth Din under Jewish law - Arbitrator imposing freezing injunction on defendant’s property - Caution registered by claimant - Property sold by defendant prior to award - Whether purchasers of property entitled to have caution vacated - Whether arbitrators had power to grant freezing injunction - Effect of injunction on property - Whether award operated retrospectively to create security interest - Arbitration Act, 1996, ss. 39 and 48.

LOUIS DREYFUS TRADING LTD. v. RELIANCE TRADING LTD.

[2004] 2 Lloyd's Rep. 243

Sale of goods (c. & f.) - Breach by sellers of warranty of quiet possession - Measure of damages - Whether seller entitled to rely on buyer’s sub-sale in order to reduce damages - Whether prima facie measure of damages in s. 53(3) Sale of Goods Act, 1979 rebutted.

FRANS MAAS (U.K.) LTD. v. SAMSUNG ELECTRONICS (UK) LTD.

[2004] 2 Lloyd's Rep. 251

Bailment - Theft of mobile telephones from bailee’s warehouse caused by wilful default of bailee’s employee(s) - Whether bailee vicariously liable for employee wilful default - Whether bailee negligent - Whether bailee entitled to limit liability under cl. 27(A) of BIFA - Whether cl. 27(A) satisfied requirements of reasonableness prescribed by Unfair Contract Terms Act, 1977.

FAL OIL CO. LTD. AND ANOTHER v. PETRONAS TRADING CORPORATION SDN BHD (THE “DEVON”) [2004] EWCA Civ 822

[2004] 2 Lloyd's Rep. 282

Sale of goods c. & f. - Cargo of high viscosity oil delivered to buyers by ship to ship transfer - Oil found to contain excessive quantity of water on discharge - Whether excess water was present in oil cargo at time of transfer to buyers - Whether buyers liable to pay demurrage under terms of sale contract.

PORTOLANA COMPANIA NAVIERA LTD. v. VITOL S.A., INC. AND ANOTHER (THE “AFRAPEARL”)

[2004] 2 Lloyd's Rep. 305

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 seaberth 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 seaberth 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.

NIRU BATTERY MANUFACTURING CO. v. MILESTONE TRADING LTD. (NO. 2)

[2004] 2 Lloyd's Rep. 319

Restitution - Proceeds of letter of credit due to seller - Bank wrongfully paying proceeds of letter of credit to third party - Surveyor in breach of duty of care to seller by certifying that goods had been shipped - Bank and surveyor found to be jointly and severally liable to seller - Judgment satisfied by surveyor - Whether surveyor had right to indemnity or contribution from bank - Subrogation - Recoupment - Contribution - Civil Liability (Contribution) Act, 1978.

JSC ZESTAFONI G. NIKOLADZE FERROALLOY PLANT v. RONLY HOLDINGS LTD.

[2004] 2 Lloyd's Rep. 335

Arbitration - Agreement between four parties specifying arbitration before three arbitrators - Arbitration held between two of the parties before a sole arbitrator - Whether the award was made without jurisdiction - Whether Agreement precluded bilateral arbitration - Whether the two parties had agreed to ad hoc arbitration before a sole arbitrator - Whether ad hoc agreement void under law of Georgia - Whether objection to jurisdiction taken in time - Whether permission to appeal against award on ground of error of law should be granted - Arbitration Act, 1996, ss. 67, 69 and 73.

MINERMET SPA MILAN v. LUCKYFIELD SHIPPING CORPORATION S.A.

[2004] 2 Lloyd's Rep. 348

Arbitration - Jurisdiction of arbitrator - Each party to appoint an arbitrator failing which arbitrator appointed to be sole arbitrator - Failure by defendants to appoint arbitrator - Claimants’ arbitrator ruling that he had been appointed as sole arbitrator - Whether arbitrator lacked jurisdiction - Whether proceedings unfair - Whether defendants should have time for appointment extended - Arbitration Act, 1996, ss. 33 and 79.

BERNHARD SCHULTE G.M.B.H. & CO. K.G. AND OTHERS v. NILE HOLDINGS LTD.

[2004] 2 Lloyd's Rep. 352

Sale of ships - Contract for sale of fleet of L.P.G. carriers - Contract contained provision for purchasers to inspect vessels and within seven days after inspection to refer any complaints as to condition of ships to expert nominated by Chairman of Bureau Veritas for adjustment of purchase price - Purchasers made complaints about conditions of ships and made request to Chairman of Bureau Veritas within agreed time limit to nominate expert - Expert not nominated by Chairman of Bureau Veritas until after expiry of agreed time limit - Whether expert validly appointed - Construction of contract - Whether expert departed from his instructions - Whether expert has duty to comply with rules of natural justice - Whether expert’s determination can be resisted on ground of apparent bias - Whether purchasers in breach of duty of confidentiality and of good faith - Cross-applications for summary judgment.

ANDREW WEIR SHIPPING LTD. v. WARTSILA UK LTD. AND ANOTHER

[2004] 2 Lloyd's Rep. 377

Practice - Summary judgment - Fire in ship’s engine - Shipowners bringing proceedings against Finnish engine manufacturers and their associated English distributor and supplier of engine spare parts - Claims brought in tort and in contract - Whether defendants entitled to reverse summary judgment - Whether Court had jurisdiction to hear claim against Finnish company - EC Council Regulation 44/2001.

BANK OF TOKYO-MITSUBISHI LTD. v. BASKAN GIDA SANAYI VE PAZARLAMA AS

[2004] 2 Lloyd's Rep. 395

Banking - Conflict of laws - Jurisdiction - Banks lending money to supplier of goods - Contracts assigned to purchasers - Supplier defaulting on loans - Action in Italy by purchasers seeking negative declaratory relief - Action in England by Banks against supplier and purchasers - Whether Italian court first seised of action - Whether two actions related - Whether parties had entered into exclusive jurisdiction agreement - Whether damage suffered in England for purposes of tort action - European Council Regulation 44/2001 (Jurisdiction Regulation), arts. 5, 6, 23, 27 and 28.

STATIC CONTROL COMPONENTS (EUROPE) LTD. v. EGAN

[2004] 2 Lloyd's Rep. 429

Contract - Guarantee - Construction - Whether evidence of factual background can be used to alter plain meaning of guarantee.

HISCOX UNDERWRITING LTD. v. DICKSON MANCHESTER & CO. LTD.

[2004] 2 Lloyd's Rep. 438

Arbitration - Binding authority between underwriters and Lloyd’s broker - Agreement containing inspection clause - Broker refusing inspection - Underwriters commencing arbitration and seeking mandatory injunction from Court ordering inspection - Jurisdiction of Court to make order - Whether order appropriate - Arbitration Act, 1996, s. 44.

TORCH OFFSHORE LLC v. CABLE SHIPPING INC.

[2004] 2 Lloyd's Rep. 446

Arbitration - Challenge to award - Whether award tainted by serious irregularity - Whether arbitrators failed to consider all matters raised before them - Distinction between issue and claim - Whether application barred by failure to apply to arbitrators under slip rule - Scope of slip rule - Whether errors of law in the award - Arbitration Act, 1996, sections 57(3) , 68(2)(d), 69 and 70(4).

BOOTH v. PHILLIPS AND OTHERS

[2004] 2 Lloyd's Rep. 457

Practice - Service out of jurisdiction - Forum non conveniens - Chief engineer died in accident on vessel - Widow bringing claim in own right under Fatal Accidents Act and as executrix of husband’s estate claiming damages in tort against master, owners and managers of vessel - Master resident within jurisdiction - Owners and managers applying to set aside order for service on them out of jurisdiction - Whether grounds for service out of jurisdiction on owners and managers - Meaning of “damage” in CPR 6.20(8)(a) - Whether Jordan more appropriate forum - Whether action should be stayed.

VRINERA MARINE COMPANY LIMITED v. EASTERN RICH OPERATIONS INCORPORATED THE “VAKIS T”

[2004] 2 Lloyd's Rep. 465

Damages - Causation - Remoteness - Owners of vessel brought arbitration against time-charterers alleging breach of safe port/berth obligation - Time-charterers denied liability and brought separate arbitration against voyage-sub-charterers who counterclaimed damages for unseaworthiness - Time-charterers brought counterclaim in main arbitration claiming damages for unseaworthiness - Owners discontinued claim against time-charterers who discontinued claim in sub-arbitration - Whether time-charterers’ costs incurred in sub-arbitration were caused by owners’ breach of seaworthiness obligation - Whether such costs were too remote in law.

BLUE NILE SHIPPING COMPANY LTD. AND ANOTHER v. IGUANA SHIPPING AND FINANCE INC. AND OTHERS THE “DARFUR”

[2004] 2 Lloyd's Rep. 469

Admiralty practice - Limitation of liability - Collision in River Seine - Time-charterers of colliding vessel bringing action against owners of vessel - Vessel owners bringing limitation action and constituting limitation fund - Preliminary issue as to whether time-charterers’ claims subject to limitation - Limitation Convention, 1976.

BARROS MATTOS JUNIOR v. GENERAL SECURITIES AND FINANCE LTD.

[2004] 2 Lloyd's Rep. 475

Banking - Restitution - Change of position - Fraud perpetrated on claimants - Action against defendants for restitution - Defence of consideration - Whether defence of change of position available to defendant who obtained funds in a manner contrary to Nigerian law.

WISE (UNDERWRITING AGENCY) LTD. v. GRUPO NACIONAL PROVINCIAL S.A.

[2004] 2 Lloyd's Rep. 483

Reinsurance - Utmost good faith - Cargo insurance - Reinsured stating that clocks were to be insured - Cargo including Rolex watches - Cargo stolen - Whether reinsurers induced by presentation of risk - Whether reinsurers had waived disclosure of inclusion of Rolex watches - Whether policy affirmed - Marine Insurance Act, 1906, s. 18.

CARTER (T/A MICHAEL CARTER PARTNERSHIP) v. HAROLD SIMPSON ASSOCIATES (ARCHITECTS) LTD.

[2004] 2 Lloyd's Rep. 512

Arbitration - Enforcement of award - Challenge to award for serious irregularity - Award remitted to arbitrator for ruling on source of funds for payment - Whether substantive part of award could be enforced pending remission - Effect of agreement to share costs.

COOPER AND OTHERS v. PURE FISHING (U.K.) LTD.

[2004] 2 Lloyd's Rep. 518

Commercial Agents (Council Directive) Regulations, 1993 - Principal alleged fundamental breaches of contract on part of agents but not did immediately terminate contracts - Agency contracts thereafter expired by effluxion of time - Principal refused to renew contracts because of alleged breaches by agents - Whether agents disentitled to compensation payable under reg. 17 - Whether principal “terminated the agency contract because of default attributable to the commercial agent” within meaning of reg. 18(a).

WESTLAND HELICOPTERS LTD. v. SHEIKH SALAH AL-HEJAILAN (No.1)

[2004] 2 Lloyd's Rep. 523

Arbitration - Lawyer claiming fee on quantum meruit basis - Lawyer initially not claiming separate award of interest - Whether arbitrator had jurisdiction to make separate award of interest - Whether serious irregularity - Arbitration Act, 1996, ss. 67 and 68.

WESTLAND HELICOPTERS LTD. v. SHEIKH SALAH AL-HEJAILAN (No.2)

[2004] 2 Lloyd's Rep. 535

Practice - Costs - Saudi Arabian lawyer instructed American-qualified attorney and English Counsel to act for him in English arbitration proceedings claiming fees earned - Arbitrators awarded fee on quantum meruit basis together with interest - Respondent to arbitration subsequently brought applications to High Court to set aside part of award - Saudi Arabian lawyer continued to instruct same attorney and English Counsel for High Court proceedings - Saudi Arabian lawyer partially successful in High Court proceedings - Whether Court had jurisdiction to make costs order in favour of Saudi Arabian lawyer - Solicitors Act, 1974, ss. 20 and 25(1)

EL GRECO (AUSTRALIA) PTY LTD. AND ANOTHER v. MEDITERRANEAN SHIPPING CO. S.A.

[2004] 2 Lloyd's Rep. 537

Carriage by sea - Damage to cargo carried from Australia to Greece - Fixing value of damaged goods - Whether Court entitled to fix value in Australia instead of place of discharge - Whether Court bound to have regard to recent sale price in fixing value - Australian Amended Hague-Visby Rules, art. 4, r. 5(b). Carriage by sea - Limitation of liability - “Units” - Goods containerized - Bill of lading referred to one package and described goods as 20 ft. container said to contain “200,945 pieces posters and prints” - Whether each individual piece inside the container was a “unit” for limitation purposes - Whether there was an enumeration of the number of units for limitation purposes - Australian Amended Hague-Visby Rules, art. 4, r. 5(c). Bill of lading - Limitation of liability - Clause provided that if container packed by shipper it should constitute one package for limitation purposes - Whether carrier could rely on clause - Whether clause contrary to art. 3, r. 8 of Australian Amended Hague-Visby Rules and therefore void.

RAMCO (U.K.) LTD. v. INTERNATIONAL INSURANCE COMPANY OF HANNOVER LTD.

[2004] 2 Lloyd's Rep. 595

Insurance - All risks policy on goods - Policy obtained by bailee - Policy covering goods for which bailee was “responsible” - Goods belonging to bailee and to third parties destroyed by fire - Whether policy covered third party property.

MIDLAND MAINLINE LTD. v EAGLE STAR INSURANCE CO. LTD.

[2004] 2 Lloyd's Rep. 604

Insurance (business interruption) - Hatfield rail crash - Parts of railway network subject to gauge corner cracking subjected to emergency speed restrictions by Railtrack - Train operators suffering losses - Policy excluding coverage for wear and tear - Causation - Whether wear and tear a proximate cause of the loss - Whether wear and tear exclusion applied to business interruption extension under policy.

MAYBAN GENERAL INSURANCE BHD v. ALSTOM POWER PLANTS LTD.

[2004] 2 Lloyd's Rep. 609

Insurance (marine) - All risks cargo insurance - Exception for inherent vice and unsuitable packing - Electrical transformer damaged in transit - Whether loss caused by marine peril - Whether loss caused by unsuitable packing.

BENFORD LTD. AND ANOTHER v. LOPECAN SL

[2004] 2 Lloyd's Rep. 618

Contract - Set-off - Degree of connection - Claim by supplier for price of goods sold to distributor under umbrella distributorship agreement - Cross-claim by distributor for unliquidated damages for breach of distributorship agreement - Whether latter claim capable of constituting defence to former claim. Practice - Summary judgment - Claim by supplier for delivery up of goods as alternative to claim for price - Retention of title clause - Whether claimant entitled to summary relief on claim for delivery up. Contract - Jurisdiction clause providing for disputes under distributorship agreement to be referred to ICC arbitration and requiring any action arising out of order placed by distributor to be submitted to courts of supplier’s country of domicile - Supplier bringing court proceedings arising out of order placed by distributor - Whether counterclaim by distributor for unliquidated damages for breach of distributorship agreement should be stayed pending arbitration.

TAME SHIPPING LTD. v. EASY NAVIGATION LTD. (THE “EASY RIDER”)

[2004] 2 Lloyd's Rep. 626

Arbitration - Shipping - Sale of vessel - Dispute as to cost of repairs to be paid for by sellers - Arbitration award not containing reasons - Reasons given in separate confidential document - Application to set aside award for serious irregularity under s. 68 of the Arbitration Act, 1996 - Whether Court could examine confidential reasons - Whether award tainted by serious irregularity.

MAHME TRUST REG AND OTHERS v. LLOYDS TSB BANK PLC

[2004] 2 Lloyd's Rep. 637

Practice - Stay of action - Jurisdiction - Forum non conveniens - Claimants bringing proceedings in England for an account relating to activities of Geneva branch of defendant bank - Bank applying for action to be stayed in favour of Switzerland - Whether jurisdiction to grant stay - Lugano Convention, arts. 2 and 5.

DAIRY CONTAINERS LIMITED v. TASMAN ORIENT LINE C.V. THE “TASMAN DISCOVERER”

[2004] 2 Lloyd's Rep. 647

Bill of lading - Limitation of liability - Damage to cargo - Bill of lading provided that carrier’s liability should be limited by reference to Hague Rules and that carrier’s liability under Hague Rules should be deemed to be £100 Sterling per package or unit - Whether limitation to be assessed by reference to current value of quantity of gold equivalent to £100 sterling in 1924 or to £100 sterling in ordinary currency.

BRAMHILL v. EDWARDS

[2004] 2 Lloyd's Rep. 653

Sale of goods - Misrepresentation - Breach of contract - Motor home wider than statutory permitted maximum - Whether seller in breach of implied term of suitability of goods by reason of liability of buyers to prosecution or uninsurability of motor home - Whether examination by buyers ought to have revealed defect - Measure of damages - Sale of Goods Act, 1979, s. 14(2), (2A) and (2C).

HABIB BANK LIMITED v. DAWOOD

[2004] 2 Lloyd's Rep. 665

Practice - Amendment - Claim by bank against guarantor - Bank originally claimed principal and interest up to date of demand and statutory interest thereafter - Bank subsequently sought to amend to include claim for contractual interest - Whether bank entitled to recover in respect of cause of action accrued due after commencement of proceedings - Whether amendment should be permitted.

KING v. BRANDYWINE REINSURANCE CO. (U.K.) LTD.

[2004] 2 Lloyd's Rep. 670

Reinsurance - Whether reinsured had established liability to assured - Exxon Valdez - Clean-up costs - Proper law of policy - Whether oil spill was “debris” - Effect of service of suit and arbitration clauses - Liability of insurers for suing and labouring costs - Effect of breach of notification clause

THE “SELBY PARADIGM”

[2004] 2 Lloyd's Rep. 714

Practice - Admiralty action in rem - Claimants entering default judgment - Application by underwriters to be joined as defendants and to set aside default judgment - Whether Court had jurisdiction to consider application for joinder - Appropriate test for setting aside default judgment in Admiralty proceedings - Whether arguable defence - Whether undue delay - CPR 19.2(2) and 61.9(5).

Lloyd's Law Reports