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GROSVENOR CASINOS LTD v NATIONAL BANK OF ABU DHABI

[2008] 2 Lloyd's Rep. 1

Banking - Cheques - Fraud - Whether a fraud had been committed when collecting bank informed remitting bank that a cheque was paid in spite of insufficient funds in the account on the particular day - Contract - Whether privity created - Uniform Rules for Collections - Articles 1, 2, 3, 4, 9, 11 and 21, URC 522.

LAROCHE v SPIRIT OF ADVENTURE (UK) LTD

[2008] 2 Lloyd's Rep. 34

Carriage by air - Limitation of action - Claimant sustaining personal injury while being carried in hot-air balloon - Whether hot-air balloon “aircraft” - Whether flight involved “carriage of passengers” - Whether carriage was “for reward” - Whether discretion to extend two-year prescription period - Whether carrier estopped from relying on time-bar defence - Carriage by Air Acts (Application of Provisions) Order 1967, article 29 - Council Regulation (EC) No 2027/97.

THE “VICKY 1”

[2008] 2 Lloyd's Rep. 45

Collision - Damages - Assessment - Loss of profit - Whether collision caused loss of pre-collision fixture - Whether claimants failed to mitigate loss - Whether court bound to calculate loss by “ballast/laden” method - Whether damages should be assessed on basis of loss of chance.

IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION (NO 2)

[2008] 2 Lloyd's Rep. 59

Arbitration - Enforcement of award - Whether court could overturn earlier decision to adjourn enforcement - Whether court could order partial enforcement - Arbitration Act 1996, sections 101(3) and 103(3).

MINISTRY OF TRADE OF THE REPUBLIC OF IRAQ AND ANOTHER v TSAVLIRIS SALVAGE (INTERNATIONAL) LTD (THE “ALTAIR”)

[2008] 2 Lloyd's Rep. 90

Arbitration - Jurisdiction - Vessel and cargo grounded in Kuwaiti waters - Vessel owners engaging salvors on Lloyd’s Standard Form - Whether shipowners had authority to bind cargo owners to London arbitration clause - Identity of cargo owners - Whether arbitrator had jurisdiction to determine salvors’ award against cargo owners - Sovereign immunity - Whether salvors entitled to freezing injunction - International Salvage Convention 1989, article 6.2 - State Immunity Act 1978, sections 14(1) and 14(2).

NIGEL FRYER JOINERY SERVICES LTD AND ANOTHER v IAN FIRTH HARDWARE LTD

[2008] 2 Lloyd's Rep. 108

Agency - Commercial agent - Whether self-employed sales agent a commercial agent - Whether agreement repudiated - Whether agent entitled to compensation - Commercial Agents (Council Directive) Regulations 1993.

GOLDEN FLEECE MARITIME INC AND ANOTHER v ST SHIPPING AND TRANSPORT INC (THE “ELLI” AND THE “FRIXOS”)

[2008] 2 Lloyd's Rep. 119

Charterparty (Time) - Change in international regulations - Oil tankers chartered under Shelltime 4 form - MARPOL changes restricting vessels’ cargo carrying capacity - Whether loss to be borne by owners or charterers.

MASRI v CONSOLIDATED CONTRACTORS INTERNATIONAL CO SAL AND ANOTHER

[2008] 2 Lloyd's Rep. 128

Conflict of laws - Claimant obtaining judgment in England - Judgment not honoured - Whether English court had jurisdiction to appoint receiver by way of equitable execution - Whether receivership order had proprietary effect - Whether the English court had personal jurisdiction - Whether a receivership order could be made in relation to future debts - Exercise of discretion in granting of receivership order - Articles 22(5), 31, Council Regulation (EC) 44/2001.

SAGAL (TRADING AS BUNZ UK) v ATELIER BUNZ GMBH

[2008] 2 Lloyd's Rep. 158

Agency - Whether agent was “commercial agent” - Whether claimant entitled to compensation for termination of agency agreement - Commercial Agents (Council Directive) Regulations 1993, regulations 2 and 17.

SERENA NAVIGATION LTD AND ANOTHER v DERA COMMERCIAL ESTABLISHMENT AND ANOTHER (THE “LIMNOS”)

[2008] 2 Lloyd's Rep. 166

Carriage of goods by sea - Limitation of liability - Part of corn cargo sustaining wet-damage and other physical damage - Remaining cargo acquiring reputation as distressed cargo and suffering diminution in value - Whether carrier’s liability limited by reference to weight of physically damaged goods or by reference to weight of entire cargo - Whether “goods lost or damaged” includes economic loss - Hague-Visby Rules, article IV, rule 5(a).

DEUTSCHE BANK AG AND OTHERS v ASIA PACIFIC BROADBAND WIRELESS COMMUNICATIONS INC AND ANOTHER

[2008] 2 Lloyd's Rep. 177

Conflict of laws - Jurisdiction - Claims brought for breach of credit facility containing exclusive jurisdiction clause - Claimant seeking to argue alternative claims for restitution and misrepresentation if credit agreement void - Whether exclusive jurisdiction clause valid if credit agreement void - Construction of exclusive jurisdiction clause - Brussels Regulation 44/2001, article 23.

IIG CAPITAL LLC v VAN DER MERWE AND ANOTHER

[2008] 2 Lloyd's Rep. 187

Guarantee - Whether guarantors entitled to rely upon defences open to debtor in respect of demand for payment - Construction of guarantee - Whether guarantors accepting primary or secondary liability - Whether manifest error in demand for payment.

SHELTAM RAIL COMPANY (PROPRIETARY) LTD v MIRAMBO HOLDINGS LTD AND ANOTHER

[2008] 2 Lloyd's Rep. 195

Practice - Arbitration claim - Notice of discontinuance - Application to challenge arbitration award on jurisdictional grounds - Applicant serving notice of discontinuance - Whether notice of discontinuance should be set aside - Arbitration Act 1996, sections 67 and 68 - Civil Procedure Rules, Part 38.4.

STOCZNIA GDYNIA SA v GEARBULK HOLDINGS LTD

[2008] 2 Lloyd's Rep. 202

Shipbuilding contracts - Delay - Purchaser terminating contracts for repudiatory breach - Whether purchaser entitled to terminate for accepted repudiation - Whether contracts ousted common law right to terminate for accepted breach - Whether contract excluded builder’s liability for damages - Whether purchaser terminated contracts solely in reliance on contractual termination provisions.

WHITECAP LEISURE LTD v JOHN H RUNDLE LTD

[2008] 2 Lloyd's Rep. 216

Sale of goods - Cable tow system-Certificate of completion issued - System failed to operate properly - Whether system defective - Whether buyer had lost right to reject goods - Whether seller acquiesced in rejection - Whether liability excluded by buyer’s failure to comply with notification of defects clause - Principles of construction - Whether seller owed duty of care to supply goods of required quality - Sale of Goods Act 1979, sections 11, 14, 34 and 35.

ANTIPAROS ENE v SK SHIPPING CO LTD AND OTHERS (THE “ANTIPAROS”)

[2008] 2 Lloyd's Rep. 237

Charterparty (Voyage) - Charterers changing nomination of loading port - Owners alleging change of voyage instructions caused them to incur increased bunkering costs - Whether charterers entitled to change nomination - Whether owners entitled to recover increased bunkering costs - Asbatankvoy.

PT BERLIAN LAJU TANKER TBK AND ANOTHER v NUSE SHIPPING LTD (THE “AKTOR”)

[2008] 2 Lloyd's Rep. 246

Sale of ship - Norwegian Sale Form - Payment of purchase price - Sellers nominating bank in Singapore for payment of 10 per cent deposit and nominating bank in Greece for payment of balance - Whether entire price payable in Singapore - Whether 10 per cent of price could be paid in Singapore - Whether buyers entitled to rectify MOA to reflect recap email - Whether payment in Greece was condition of contract - Whether sellers validly rescinded contract.

R (INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO) AND OTHERS) v SECRETARY OF STATE FOR TRANSPORT Case C-308/06

[2008] 2 Lloyd's Rep. 260

European Union law - Reference for a preliminary ruling - Whether Directive provisions limiting the application of the UNCLOS and MARPOL Conventions invalid - Meaning of “serious negligence” - Whether concept sufficiently clear - Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements, articles 4 and 5 - International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL) - United Nations Convention on the Law of the Sea 1982.

STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD v SULPICIO LINES INC

[2008] 2 Lloyd's Rep. 269

Arbitration - Anti-suit injunction - P&I Club rules containing arbitration clause - Action brought against Club in Philippines - Whether arbitration clause binding on member - Whether arbitration clause extending to dispute - Whether permanent anti-suit injunction should be granted - Whether declaratory relief should be granted - Supreme Court Act 1981, section 37 - Civil Procedure Rules, rules 6.20(5) and 62.5.

TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC (THE “ACHILLEAS”)

[2008] 2 Lloyd's Rep. 275

Charterparty (Time) - Redelivery - Vessel redelivered late - Measure of damages - Whether owners entitled to recover loss of profits under subsequent fixture.

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY (NO 3)

[2008] 2 Lloyd's Rep. 295

Arbitration - Interest on award - Whether interest payable in respect of a judgment entered in respect of an arbitration award that did not order payment of post-award interest - Whether interest should be disapplied or rate varied downwards - Judgments Act 1838, section 17(1) - Arbitration Act 1996, sections 49, 66 and 101(3) - CPR 40.8(1)(b) - Administration of Justice Act 1970, section 44A.

MASRI v CONSOLIDATED CONTRACTORS INTERNATIONAL CO SAL AND ANOTHER

[2008] 2 Lloyd's Rep. 301

Practice - Anti-suit injunction - Grounds upon which injunction may be granted - Jurisdiction of English court over EU domiciliary.

MOORE STEPHENS v STONE & ROLLS LTD

[2008] 2 Lloyd's Rep. 319

Illegality of contract - Claim by bank against company for fraud committed against bank by controller of company - Subsequent claim by company’s liquidators against its auditors - Whether claim barred by illegal conduct of company’s controller - Ex turpi causa non oritur actio - Whether knowledge of controller imputed to company - Fraud exception in Re Hampshire Land.

TAYLOR WOODROW CONSTRUCTION v RMD KWIKFORM LTD

[2008] 2 Lloyd's Rep. 345

Arbitration - Commencement of arbitration - Limitation period - Whether arbitration clause amounted to agreement as to the date on which arbitration was regarded as being commenced for limitation purposes - Whether notice of arbitration given - Arbitration Act 1996, section 14.

ASSOCIATED BRITISH PORTS v FERRYWAYS NV AND ANOTHER

[2008] 2 Lloyd's Rep. 353

Contract - Port handling charges - Agreement between port operator and ro-ro ferry operator for handling “Units” at port of Ipswich - Clause providing for minimum annual throughput of “Units” - Meaning of term “Unit” - Whether clause a penalty - Measure of damages recoverable for ferry operator’s repudiatory breach - Third party agreeing with port operator to assume full responsibility for ensuring ferry operator’s performance - Whether guarantee or indemnity - Whether guarantee rendered unenforceable.

COLLIERS INTERNATIONAL PROPERTY CONSULTANTS AND ANOTHER v COLLIERS JORDAN LEE JAFAAR SDN BHD

[2008] 2 Lloyd's Rep. 368

Arbitration - Judgment granted in terms of award - Application to set aside award - Whether enforcement order defective - Application to extend time for appeal against award - Arbitration Act 1996, sections 66, 68, 73 and 80 - CPR Part 62.18.

GULF AGRI TRADE FZCO v ASTON AGRO INDUSTRIAL AG

[2008] 2 Lloyd's Rep. 376

Sale of goods (cfr) - Buyers serving notice of default - Notice premature - Whether notice constituted repudiatory breach by buyers - GAFTA Form 48.

MANSEL OIL LTD AND ANOTHER v TROON STORAGE TANKERS SA (THE “AILSA CRAIG”)

[2008] 2 Lloyd's Rep. 384

Charterparty (time) - Vessel not delivered to charterers by cancelling date - Whether charterers precluded from cancelling charter by reason of absence of nomination of delivery port - Whether charterers obliged to nominate a port of delivery - Futility - Shelltime 4.

ORASCOM TELECOM HOLDING SAE v REPUBLIC OF CHAD AND ANOTHER CITIBANK NA (THIRD PARTY) INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT AND ANOTHER (INTERVENING)

[2008] 2 Lloyd's Rep. 396

Arbitration - State immunity - Award obtained against state - Application for third party debt order against bank account - Whether account in use for commercial purposes - State Immunity Act 1978, sections 3 and 13.

ROMANTIEK TRANSPORT BVBA v VEHICLE AND OPERATOR SERVICES AGENCY

[2008] 2 Lloyd's Rep. 409

Carriage by road - Right of licensed operator to carry on cabotage in other member states - Whether licence authorised permanent operations in other member states - Community Regulation 881/92/EEC - Community Regulation 3118/93/EEC - Goods Vehicles (Licensing of Operators) Act 1995 - Goods Vehicles (Licensing of Operators) Regulations 1995 - Goods Vehicle (Enforcement Powers) Regulations 2001.

P v A AND ANOTHER

[2008] 2 Lloyd's Rep. 415

Charterparty (Voyage) - Contract of affreightment providing for six voyages with choice of loading port and cargoes - Charterers to give “30 days’ notice with 10 days notice laycan spread” and owners “to nominate vessel latest 10 days prior first day” - Charterers giving laycan dates for fifth voyage - Whether charterers entitled to change dates - Whether charterers in repudiatory breach for insisting on right to change dates.

ETI EURO TELECOM INTERNATIONAL NV v REPUBLIC OF BOLIVIA AND ANOTHER

[2008] 2 Lloyd's Rep. 421

Arbitration - Bilateral investment treaty - Interim relief - Application to freeze assets of company pending ICSID arbitration on investment dispute - Whether English court had jurisdiction to grant freezing order - State immunity - Arbitration Act 1996, section 44 - Civil Jurisdiction and Judgments Act 1982, section 25 - State Immunity Act 1978, sections 9 and 13.

SEAGATE SHIPPING LTD v GLENCORE INTERNATIONAL AG (THE “SILVER CONSTELLATION”)

[2008] 2 Lloyd's Rep. 440

Charterparty (Time) - RightShip approval scheme - Charter providing that vessel to remain in all respects eligible for trading to ports permitted in charter - Whether owners obliged to provide and maintain vessel with RightShip approval - Whether owners obliged to permit RightShip inspection as required by charterers - New York Produce Exchange form.

UZINTERIMPEX JSC v STANDARD BANK PLC

[2008] 2 Lloyd's Rep. 456

Banking - International trade - Letters of credit - UCP 458 - Advance payment guarantee - Tender of documents - Sale contract - FOB terms - Bank making demand under guarantee following dispute between buyer and seller - Whether guarantee subject to implied term precluding excessive demand - Whether bank guilty of knowing assistance - Whether goods had been converted - Whether duty to mitigate loss applied to conversion - Torts (Interference with Goods) Act 1977.

GENERAL TRADING COMPANY (HOLDINGS) LTD v RICHMOND CORPORATION LTD

[2008] 2 Lloyd's Rep. 475

Guarantee - Defendant undertaking to obtain loan guarantee to enable claimant to obtain loan facility for subsidiary - Whether defendant in breach of agreement - Whether clause permitting defendant to cancel loan notes if defendant failed to obtain a guarantee was a penalty clause.

UBS AG AND ANOTHER v HSH NORDBANK AG

[2008] 2 Lloyd's Rep. 500

Conflict of laws - Jurisdiction - Defendant domiciled in an EU member state - Whether exclusive jurisdiction agreement covered the dispute - Council Regulation 44/2001, article 23.

THE “VOUTAKOS”

[2008] 2 Lloyd's Rep. 516

Salvage - Remuneration - Assessment of award - “Disparity principle” - Whether principle that salvage awards in straightforward towage cases should be influenced by commercial rates should be discarded - Whether general increase in salvage awards in towage cases required - International Salvage Convention 1989, article 13.

CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR”)

[2008] 2 Lloyd's Rep. 526

Sale of goods fob - Frustration - Cement to be supplied by sellers fob in Far East for ultimate delivery to Mexico - Sellers’ suppliers refusing to supply cement to sellers because of existence of cartel - Whether sale contract frustrated.

DALLAH REAL ESTATE AND TOURISM HOLDING CO v THE MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN

[2008] 2 Lloyd's Rep. 535

Arbitration - Enforcement - New York Convention 1958 - Defendant claiming not to be a party to award - Whether enforcement could be challenged on the basis that the award was not valid under the laws of the country where the award was made - Arbitration Act 1996, sections 101 and 102.

THE “KRYSIA” AND “EUROPA”

[2008] 2 Lloyd's Rep. 570

Negligence - Supply vessel’s propeller fouled by rope attached to Yokohama fender secured to accommodation barge - Whether barge negligent in allowing rope to be loose in the water - Whether supply vessel negligent in manoeuvring too close to fender’s securing arrangements - Apportionment - Merchant Shipping Act 1995, subsections 187(1) and (2).

TRIDENT TURBOPROP (DUBLIN) LTD v FIRST FLIGHT COURIERS LTD

[2008] 2 Lloyd's Rep. 581

Lease of aircraft - Lessor giving notice of default alleging failure to pay rent and an attempt to transfer the aircraft to third parties without the lessor’s consent - Whether lessee had real prospect of succeeding in defences or counterclaims based on pre-contractual misrepresentation and defects in the aircraft - Whether claimant entitled to summary judgment - International supply contracts - Misrepresentation Act 1967, section 3 - Unfair Contract Terms Act 1977, section 26(4) - Supply of Goods and Services Act 1982, sections 9 and 11.

ALLIANZ INSURANCE CO EGYPT v AIGAION INSURANCE CO SA

[2008] 2 Lloyd's Rep. 595

Reinsurance (marine) - Inception of risk - Deferred premium clause - Whether reinsurance void for uncertainty - Effect of late payment of premium - Marine Insurance Act 1906, section 53(1).

CONGENTRA AG v SIXTEEN THIRTEEN MARINE SA (THE “NICHOLAS M”)

[2008] 2 Lloyd's Rep. 602

Practice - Freezing injunction - Shipowners bringing London arbitration proceedings and obtaining attachment order in New York in support of arbitration claim - Charterers counterclaiming that attachment order was wrongfully obtained and obtaining freezing injunction - Whether injunction should be discharged - Arbitration Act 1996, section 44.

DEUTSCHE BANK AG AND OTHERS v ASIA PACIFIC BROADBAND WIRELESS COMMUNICATIONS INC AND ANOTHER

[2008] 2 Lloyd's Rep. 619

Conflict of laws - Jurisdiction - Claims brought for breach of credit facility containing exclusive jurisdiction clause - Claimant seeking to argue alternative claims for restitution and misrepresentation if credit agreement void - Whether exclusive jurisdiction clause valid if credit agreement void - Construction of exclusive jurisdiction clause - Separability - Brussels Regulation 44/2001, article 23.

MEDITERRANEAN SALVAGE & TOWAGE LTD v SEAMAR TRADING & COMMERCE INC (THE “REBORN”)

[2008] 2 Lloyd's Rep. 628

Charterparty (Voyage) - Specified load port named in berth charter - Port containing several berths to which vessel could be directed to load - Vessel sustaining damage while berthing - Whether charterparty containing implied term obliging charterers to nominate safe berth.

SYSKA AND ANOTHER v VIVENDI UNIVERSAL SA AND OTHERS

[2008] 2 Lloyd's Rep. 636

Arbitration - Jurisdiction - Respondent becoming insolvent in Poland - Polish law operating to terminate arbitration proceedings - Whether effect of Polish bankruptcy governed by Polish law or English law - European Parliament and Council Regulation 1346/2000/EC on Insolvency Proceedings, articles 4 and 15 - Arbitration Act 1996, section 67.

ACP CAPITAL LTD v IFR CAPITAL PLC AND ANOTHER

[2008] 2 Lloyd's Rep. 655

Jurisdiction - Forum non conveniens - Differing jurisdiction clauses in original agreement and in other subsequent agreements - Whether claimant entitled to stay of first defendant’s counterclaim.

ALLIANZ SPA AND OTHERS v WEST TANKERS INC (THE “FRONT COMOR”)

[2008] 2 Lloyd's Rep. 661

Jurisdiction - Anti-suit injunction - Charterparty providing for London arbitration - Charterers’ subrogated insurers bringing action in tort against shipowners in Italy - Whether English court precluded from granting anti-suit injunction - Council Regulation (EC) No 44/2001.

COMMUNE DE MESQUER v TOTAL FRANCE SA AND ANOTHER

[2008] 2 Lloyd's Rep. 672

European Union law - Waste management - Oil tanker spilling fuel oil cargo into sea causing pollution of French coast - Whether fuel oil “waste” - Whether fuel oil “waste” when spilled into sea and mixed with water and sediment - Whether seller of fuel oil and charterer of vessel can be liable for disposal costs as “producer” or “holder” of product from which the waste came - Directive 75/442/EEC on waste - International Convention on Civil Liability for Oil Pollution Damage 1969 - International Oil Pollution Compensation Fund Convention 1971.

STATOIL ASA v LOUIS DREYFUS ENERGY SERVICES LP (THE “HARRIETTE N”)

[2008] 2 Lloyd's Rep. 685

Sale of goods (cif) - Demurrage - Whether contract contained demurrage time bar clause - Whether parties concluded binding contract compromising demurrage claim - Unilateral mistake - Whether equitable jurisdiction to grant rescission where unilateral mistake not forming term of contract - Whether parties subsequently concluded second compromise agreement - Whether demurrage claim presented in time.

TAG WEALTH MANAGEMENT v WEST

[2008] 2 Lloyd's Rep. 699

Arbitration - Award dismissing claim on grounds of inordinate and inexcusable delay - Whether arbitrator had been guilty of serious irregularity in making award - Whether arbitrator guilty of error of law - Arbitration Act 1996, sections 41(3), 68 and 69.

THE “KRYSIA” AND “EUROPA” (NO 2)

[2008] 2 Lloyd's Rep. 707

Practice - Costs - Claimants’ vessel’s propeller fouled by rope attached to Yokohama fender secured to defendants’ accommodation barge - Court holding defendants liable but that claimants were 30 per cent to blame - Whether order for costs should reflect fact that claimants had been found to have been contributorily negligent - CPR Part 44.3.

Lloyd's Law Reports