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GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY) (THE “GREEN ISLAND”)
[2010] 2 Lloyd's Rep. 1
Sale of goods (CIP) — Incoterms 2000 — Seller contracting with freight forwarder to arrange sea carriage from England to Libya “on usual terms” — Goods shipped on deck and lost at sea — Bill of lading giving liberty to carrier to ship on deck — Whether prior antecedent agreement precluding on-deck shipment without notice to shipper — Whether seller in breach of obligation to contract “on usual terms” — Whether seller in breach of obligation to procure valid insurance — Whether freight forwarders negligent in giving under-deck warranty — Whether lack of valid insurance cover caused buyer’s loss.
TASMAN ORIENT LINE CV v NEW ZEALAND CHINA CLAYS LTD AND OTHERS (THE “TASMAN PIONEER”)
[2010] 2 Lloyd's Rep. 13
Carriage by sea — Deck cargo damaged following vessel’s grounding — Master failing to notify coastguard and instructing crew to lie about incident — Whether carrier in breach of contract of carriage — Whether carrier entitled to rely on exemption of negligence in navigation or management of ship — Hague-Visby Rules, article IV, rule 2(a).
FR LÜRSSEN WERFT GMBH & CO KG v HALLE
[2010] 2 Lloyd's Rep. 20
Conflict of laws — Jurisdiction — Claim by German shipbuilder against American purchaser of motor yacht for commission on sale of yacht to party introduced by claimant — Whether agreement for payment of commission governed by English law — Whether serious issue to be tried — Forum non conveniens — Rome Convention, article 3.1.
BILTA (UK) LTD v NAZIR AND OTHERS
[2010] 2 Lloyd's Rep. 29
Arbitration — Stay of proceedings — Whether parties had entered into an agreement containing an arbitration clause — Application of clause to non-contractual disputes — Loss of right to seek a stay — Whether respondent had taken a step in the proceedings — Arbitration Act 1996, section 9 — Civil Procedure Rules, Part 11.
SAFEWAY STORES LTD AND OTHERS v TWIGGER AND OTHERS
[2010] 2 Lloyd's Rep. 39
Tort — Ex turpi causa — Claim by employer against employees for indemnity for fines imposed for breach of Competition Act 1998 — Whether claim barred by ex turpi causa principle — Whether claim barred by Competition Act 1998.
ASTRAZENECA UK LTD v ALBEMARLE INTERNATIONAL CORPORATION AND ANOTHER
[2010] 2 Lloyd's Rep. 61
Conflict of laws — Jurisdiction — Civil Procedure Rules, Practice Direction 6B — Brussels Regulation, Council Regulation (EC) No 44/2001, article 23 — Duress — Conspiracy — Jurisdiction over restitutionary claims — Case management.
SYLVIA SHIPPING CO LTD v PROGRESS BULK CARRIERS LTD (THE “SYLVIA”)
[2010] 2 Lloyd's Rep. 81
Charterparty (Time) — Damages — Remoteness — Whether charterers entitled to recover lost profit on cancelled subcharter.
TITAN STEEL WHEELS LTD v ROYAL BANK OF SCOTLAND PLC
[2010] 2 Lloyd's Rep. 92
Banking — Currency swaps between bank and manufacturer — Whether manufacturer had cause of action for breach of statutory duty — Whether bank owed duty of care — Whether bank’s terms were subject to a reasonableness requirement — Financial Services and Markets Act 2000, section 150 — Unfair Contract Terms Act 1977.
WOOD FLOOR SOLUTIONS ANDREAS DOMBERGER GMBH v SILVA TRADE SA
[2010] 2 Lloyd's Rep. 114
Conflict of laws — Jurisdiction — Agency — Agent performing services in more than one member state — Place of performance of obligation in question — Council Regulation (EC) No 44/2001, article 5(1).
THE “ASIA STAR”
[2010] 2 Lloyd's Rep. 121
Damages — Mitigation — Charterers unable to load cargo within agreed shipment period by reason of vessel’s delay and unsuitability to receive cargo — Charterers claiming loss of profits and damages in respect of cargo not shipped or delayed — Whether charterers should have hired alternative vessel at greater expense — Whether charterers failed to mitigate their loss.
LANTIC SUGAR LTD AND ANOTHER v BAFFIN INVESTMENTS LTD (THE “LAKE MICHIGAN”)
[2010] 2 Lloyd's Rep. 141
Arbitration — Commencement — Whether notice of arbitration served in time — Whether P&I Club had ostensible authority to accept notice on behalf of shipowners — Whether court should extend time for commencement of arbitration — Arbitration Act 1996, section 12.
PAPAS OLIO JSC v GRAINS & FOURRAGES SA AND ANOTHER
[2010] 2 Lloyd's Rep. 152
Arbitration — FOSFA — Appeal against award to be made within 42 days — Whether award sent to appellant’s correct address so as to trigger running of time — FOSFA, rules 6, 7 and 111.
SK SHIPPING (S) PTE LTD v PETROEXPORT LTD (THE “PRO VICTOR”)
[2010] 2 Lloyd's Rep. 158
Charterparty (Voyage) — Anticipatory breach — Renunciation — Intention not to perform — Whether communications and conduct not individually amounting to a renunciation could cumulatively constitute a renunciation — Whether claimant’s subjective state of mind relevant — Impossibility — Asbatankvoy.
AFRICA EXPRESS LINE LTD v SOCOFI SA AND ANOTHER
[2010] 2 Lloyd's Rep. 181
Conflict of laws — Jurisdiction — Carrier concluding slot charter with Ivory Coast fruit grower in July 2007 on terms containing English jurisdiction clause — Carrier subsequently entering into agreement with French importing company in August 2007 to provide services “under the conditions of” the July 2007 slot charter — Whether August 2007 agreement between carrier and importer incorporated jurisdiction clause in slot charter between carrier and fruit grower — Whether parties to August 2007 agreement agreed English jurisdiction — Council Regulation (EC) No 44/2001, article 23.
BP EXPLORATION OPERATING CO LTD v DOLPHIN DRILLING LTD (THE “BYFORD DOLPHIN”)
[2010] 2 Lloyd's Rep. 192
Charterparty (Time) — Drilling rig charter — Charterer entitled to terminate contract “to suit its convenience” — Whether charterer entitled to terminate for convenience prior to commencement date for drilling work — LOGIC General Conditions of Contract for Drilling Rigs (Edition 1 — December 1997), section II 22(1).
NORSCOT RIG MANAGEMENT PVT LTD v ESSAR OILFIELDS SERVICES LTD
[2010] 2 Lloyd's Rep. 209
Arbitration — Jurisdiction — Scope of arbitration clause — Set-off — Whether disputes arising under earlier contracts were “relating to” or “arising under” later contract — Arbitration Act 1996, section 67.
ONEGO SHIPPING & CHARTERING BV v JSC ARCADIA SHIPPING (THE “SOCOL 3”)
[2010] 2 Lloyd's Rep. 221
Charterparty (Time) — Deck cargo lost overboard — Charterers sustaining loss and damage — Clause paramount — Whether Hague-Visby Rules applied — Whether “contract of carriage” was charterparty or bill of lading — Whether indemnity clause protected owners for loss damage or liability caused by negligence or breach of seaworthiness obligation — Hague-Visby Rules, article I(c) — NYPE 1993, clause 13(b).
RIMPACIFIC NAVIGATION INC v DAEHAN SHIPBUILDING CO LTD (THE “MV JIN MAN”) WONDER ENTERPRISES LTD v DAEHAN SHIPBUILDING CO LTD (THE “MV JIN PU”)
[2010] 2 Lloyd's Rep. 236
Conflict of laws — Service out of jurisdiction — Guarantees containing English law and jurisdiction clause — Defendant contending that signatory had no authority to sign guarantees — Ostensible authority — Whether jurisdiction clause separable — Whether claimant made out good arguable case — Whether claimant entitled to anti-suit injunction — Companies Act 1985, section 36 — Foreign Companies (Execution of Documents) Regulations 1994, Regulations 3 and 4 — Civil Procedure Rules, 6BPD 3.1, paras (6)(c) and (d).
OWNERS OF THE SHIP “ARIELA” v OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER “KAMAL XXVI” AND THE BARGE “KAMAL XXIV”
[2010] 2 Lloyd's Rep. 247
Collision action — Costs — Losing party ordered to pay successful party’s costs of trial on liability — Losing party alleging that successful party had fraudulently inflated its claim for damages — Whether losing party entitled to have costs order set aside — Whether losing party entitled to damages for deceit.
AET INC LTD v ARCADIA PETROLEUM LTD (THE “EAGLE VALENCIA”)
[2010] 2 Lloyd's Rep. 257
Charterparty (Voyage) — Laytime — Notice of readiness — Whether notice of readiness invalidated by failure to obtain free pratique within six hours — Whether owners’ alternative claim for demurrage “fully and correctly documented” — Shellvoy 5 form with Shell Additional Clauses.
NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS
[2010] 2 Lloyd's Rep. 265
Loan — Guarantee — Liability of guarantor — Whether creditor had failed to disclose material facts to guarantor — Whether terms of loan agreement were valid or had been varied — Whether default interest rate was a penalty — Whether loan had been frustrated.
DALWOOD MARINE CO v NORDANA LINE A/S (THE “ELBRUS”)
[2010] 2 Lloyd's Rep. 315
Damages — Time charter wrongfully terminated by charterers — Owners concluding substitute fixture — Whether arbitrators entitled to take into account earnings during period subsequent to contractual redelivery date — Whether owners sustained any loss by reason of wrongful termination.
HAUGESUND KOMMUNE AND ANOTHER v DEPFA ACS BANK WIKBORG REIN & CO (THIRD PARTY) (NO 2)
[2010] 2 Lloyd's Rep. 323
Damages — Measure of loss — Restitutionary rights — Recovery of damages from third party did not need to be preceded by deduction of amounts recoverable from defendant.
OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD
[2010] 2 Lloyd's Rep. 335
Practice — Evidence — “Without prejudice” privilege — Whether evidence of “without prejudice” communications admissible for purpose of construing written settlement agreement.
SOS CORPORACIÓN ALIMENTARIA SA AND ANOTHER v INERCO TRADE SA
[2010] 2 Lloyd's Rep. 345
Arbitration — Time limits — Cargo discovered to be polluted after expiry of contractual time limit — Arbitrators refusing to extend time — Whether court should extend time — Whether arbitrators erred in law — Arbitration Act 1996, sections 12 and 69.
STOLT-NIELSEN SA AND OTHERS v ANIMALFEEDS INTERNATIONAL CORPORATION
[2010] 2 Lloyd's Rep. 360
Arbitration — Class arbitration — Arbitration clause in charterparty silent on whether class arbitration permitted — Whether implicit that class arbitration authorised — Whether arbitrators exceeded their power in imposing class arbitration — Vegoilvoy and Asbatankvoy forms.
ENVIROCO LTD v FARSTAD SUPPLY A/S (THE “FAR SERVICE”)
[2010] 2 Lloyd's Rep. 375
Charterparty — Exemption clause allocating insurable risk between shipowners and charterers and their “Affiliates” — Vessel sustaining fire damage during cleaning of oil tanks by service company related to charterers — Whether service company entitled to benefit of exemption clause on basis that it was an “Affiliate” of charterers — Companies Act 1985, sections 736(1)(c) and 736A(7).
FARSTAD SUPPLY A/S v ENVIROCO LTD AND ANOTHER (THE “FAR SERVICE”) (SCOTLAND)
[2010] 2 Lloyd's Rep. 387
Tort — Joint tortfeasors — Apportionment — Vessel sustained fire damage whilst in harbour — Shipowners bringing negligence claim against service company which caused fire — Service company seeking apportionment of damages and contribution on basis that charterers were also to blame — Whether service company entitled to apportionment and contribution — Whether charterparty contained exclusion or indemnity clause — Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.
INTERCONTAINER INTERFRIGO SC (ICF) v BALKENENDE OOSTHUIZEN BV AND ANOTHER
[2010] 2 Lloyd's Rep. 400
Conflict of laws — Contract — Applicable law — Belgian company concluding charterparty with Dutch companies whereby Belgian company agreed to make train wagons available — Whether contract “for the carriage of goods” — Whether contract governed by Dutch law or by Belgian law — Whether Belgian company’s claim time-barred — Rome Convention 1980, articles 4.1, 4.2, 4.4 and 4.5.
ENE 1 KOS LTD v PETROLEO BRASILEIRO SA (THE “KOS”)
[2010] 2 Lloyd's Rep. 409
Charterparty (Time) — Withdrawal of vessel for non-payment of hire — Whether owners entitled to damages for detention while charterers’ cargo remained on board and for consumption of bunkers — Whether owners entitled to recover as bailees — Whether owners entitled to recover expenses of providing bank guarantee — Whether “costs of or incidental to proceedings” — Supreme Court Act 1981, section 51.
SABMILLER AFRICA AND ANOTHER v EAST AFRICAN BREWERIES
[2010] 2 Lloyd's Rep. 422
Arbitration — Interim injunction — Power of Court of Appeal to give permission to appeal against grant of injunction — Whether parties had extended the court’s powers — Arbitration Act 1996, section 44 — Senior Courts Act 1981, section 37.
WELCOME FINANCIAL SERVICES LTD v NINE REGIONS LTD
[2010] 2 Lloyd's Rep. 426
Sale of goods — Transfer of title — Goods subject to hire purchase transferred under bill of sale — Whether title passed to transferee — Sale of Goods Act 1979, section 21 — Hire Purchase Act 1964, sections 27 and 29.
KULKARNI v MANOR CREDIT (DAVENHAM) LTD
[2010] 2 Lloyd's Rep. 431
Sale of goods — Transfer of title by non-owner — Nemo dat quod non habet — Passing of property — Car obtained on hire purchase by third party and sold to claimant — Whether claimant obtained title — Hire Purchase Act 1964, Part III — Sale of Goods Act 1979, section 18.
NML CAPITAL LTD v REPUBLIC OF ARGENTINA
[2010] 2 Lloyd's Rep. 442
Enforcement of judgments — Sovereign immunity — Claimant obtaining judgment against Republic of Argentina in New York court — Claimant seeking recognition and enforcement of judgment in England — Whether contractual submission to jurisdiction — Whether claimant entitled to rely on new grounds for lack of immunity — State Immunity Act 1978, sections 1 and 2(2) — Civil Jurisdiction and Judgments Act 1982, section 31(1).
SHELL UK LTD v TOTAL UK LTD TOTAL UK LTD v CHEVRON LTD
[2010] 2 Lloyd's Rep. 467
Tortious liability — Explosion at oil refinery — Vicarious liability — Liability for actions of employee — Contractual indemnities — Application of rule in Rylands v Fletcher — Private nuisance — Public nuisance — Economic loss — Whether proprietary or possessory interest in property required to claim damages — Damages claim from claimant with mere contractual rights.
AES UST-KAMENOGORSK HYDROPOWER PLANT LLP v UST-KAMENOGORSK HYDROPOWER PLANT JSC
[2010] 2 Lloyd's Rep. 493
Arbitration — Declaratory relief — Anti-suit injunction — Jurisdiction of English court to grant relief to party asserting validity of arbitration clause — Duty of English court to recognise foreign judgment — Submission to jurisdiction of foreign court — Arbitration Act 1996, section 44 — Senior Courts Act 1981, section 37 — Contracts (Rights of Third Parties) Act 1999, sections 1 and 8 — Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 — Civil Procedure Rules, Part 62.
CATTLES PLC v WELCOME FINANCIAL SERVICES LTD AND OTHERS
[2010] 2 Lloyd's Rep. 514
Banking — Guarantee — Interpretation — Guarantee clause preventing guarantor from making “any claim” in liquidation — Whether prevented from making “any claim” or just claim under guarantee — Position of bondholders.
FKI ENGINEERING LTD AND ANOTHER v STRIBOG LTD
[2010] 2 Lloyd's Rep. 524
Conflict of laws — Jurisdiction — Stay of English action — Proceedings commenced in Germany — Unrelated proceedings commenced in England — New case added to German proceedings — Whether the proceedings were related — Whether the English or German court was first seised of the issues raised in the new case — Brussels Regulation, Council Regulation (EC) No 44/2001, articles 28 and 30.
JIVRAJ v HASWANI
[2010] 2 Lloyd's Rep. 534
Arbitration — Appointment of arbitrator — Arbitration clause imposing religious requirement — Whether clause valid — Whether an arbitrator was an employee — Employment Equality (Religion or Belief) Regulations 2003.
MIDGULF INTERNATIONAL LTD v GROUPE CHIMIQUE TUNISIEN
[2010] 2 Lloyd's Rep. 543
Practice — Anti-suit injunction — Disputes arising under contract for sale of sulphur — Dispute as to whether contract contained London arbitration clause — Defendant bringing proceedings in Tunisia — Claimant applying for anti-suit injunction — Whether contract contained London arbitration clause — Whether injunction should be granted.
STRONG WISE LTD v ESSO AUSTRALIA RESOURCES PTY LTD (THE “APL SYDNEY”)
[2010] 2 Lloyd's Rep. 555
Limitation of liability — Ship dragging anchor and fouling submarine gas pipeline — Ship’s movements causing further damage to pipeline and loss of gas — Whether one or more “distinct occasions” on which damage arose — Convention on Limitation of Liability for Maritime Claims 1976.
AS KLAVENESS CHARTERING v PIONEER FREIGHT FUTURES CO LTD AND ANOTHER
[2010] 2 Lloyd's Rep. 613
Contract — Forward freight agreements — Claimants terminating agreements and claiming contractual “Losses” following alleged non-payment by defendants on settlement date — Whether any sum due by defendants on settlement date.
BW GAS AS v JAS SHIPPING LTD
[2010] 2 Lloyd's Rep. 626
Charterparty (Bareboat) — Shipbuilding contract — Charterparty for newbuild referred to specifications in building contract — Some items in specifications to be supplied by buyer — Whether bareboat charterer entitled to specifications as per building contract.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2010] 2 Lloyd's Rep. 641
Banking — Letters of credit — Issuing bank refusing to pay under letters of credit — Whether documents complied with contract — Whether issuing bank precluded from relying on discrepancies — Whether issuing bank failed to return documents with reasonable promptness — UCP 600, article 16(c) and (f).
KOLMAR GROUP AG v TRAXPO ENTERPRISES PVT LTD
[2010] 2 Lloyd's Rep. 653
Tort — Economic duress — Intimidation — Contract for sale of methanol fob — Market price of methanol increasing subsequent to contract — Sellers refusing to ship part cargo unless contract price increased — Buyers reluctantly agreeing to pay higher price — Whether buyers entitled to restitution on basis of economic duress — Whether buyers opened acceptable letter of credit.
TANDRIN AVIATION HOLDINGS LTD v AERO TOY STORE LLC AND ANOTHER
[2010] 2 Lloyd's Rep. 668
Sale of aircraft — Deposit of US$3 million paid by buyer to escrow agent — Buyer failing to accept delivery of aircraft — Contract providing for deposit to be paid to seller as liquidated damages in event of buyer’s failure to accept delivery of aircraft — Whether a penalty clause — Whether England appropriate jurisdiction — Whether buyer entitled to rely on force majeure — Whether appropriate for court to order escrow agent to pay deposit to seller.
B v A
[2010] 2 Lloyd's Rep. 681
Arbitration — Excess of jurisdiction — Serious irregularity — Substantive contract governed by Spanish law — Whether alleged disregard of Spanish law gave rise to an appeal — Arbitration Act 1996, sections 46, 67, 68 and 69.
DALLAH REAL ESTATE AND TOURISM HOLDING CO v THE MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN
[2010] 2 Lloyd's Rep. 691
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 — New York Convention, article V(1)(a).
H J HEINZ CO LTD v EFL INC
[2010] 2 Lloyd's Rep. 727
Arbitration — Enforcement of foreign award — New York Convention — Allegation after award of forged evidence — Application to overturn award rejected in curial courts — Enforcement in England — Whether respondent estopped from defending enforcement proceedings — Arbitration Act 1996, section 103(2).