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IXOM OPERATIONS PTY LTD v BLUE ONE SHIPPING SA AND OTHERS (THE "CS ONSAN")
[2024] 2 Lloyd's Rep 1
Contract (bill of lading) – Identity of carrier – Bill of lading consignee obtaining time bar extension from “owner” – Litigation commenced against registered owner within time – Demise charterer joined out of time – Registered owner's defence that it was not a party to the contract of carriage – Demise charterer's time bar defence – Estoppel – Time bar – Extension of time – Carriage of Goods by Sea Act 1991 (Cth), section 8, schedule 1A – Amended Hague-Visby Rules, articles 1 and 3.
MINTS AND OTHERS v PJSC NATIONAL BANK TRUST AND ANOTHER
[2024] 2 Lloyd's Rep 12
Sanctions – Litigation with designated persons – Meaning and effect of UK sanctions regime – Construction of statute – Sanctions and Anti-Money Laundering Act 2018 – Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019 No 855) – Council Regulation (EU) No 269/2014.
PROCESS & INDUSTRIAL DEVELOPMENTS LTD v FEDERAL REPUBLIC OF NIGERIA
[2024] 2 Lloyd's Rep 53
Arbitration – Awards overturned – Costs order – Currency of costs – Permission to appeal against costs order – Arbitration Act 1996, section 68(4).
SIAN PARTICIPATION CORP (IN LIQUIDATION) v HALIMEDA INTERNATIONAL LTD
[2024] 2 Lloyd's Rep 65
Arbitration – British Virgin Islands – Undisputed claim – Winding-up petition – Whether stay has to be granted – Whether court should exercise discretion to stay proceedings – Arbitration Act 1996, section 9.
SMIT SALVAGE BV AND OTHERS v LUSTER MARITIME SA AND ANOTHER (THE MV "EVER GIVEN")
[2024] 2 Lloyd's Rep 86
Salvage – Contract – Formation – Negotiations – Refloating of Ever Given – Salvors on board providing services – Parties negotiating agreement – Remuneration agreed – Further terms to be negotiated – Whether contract agreed.
SUN VESSEL GLOBAL LTD v HQ AVIATION LTD AND ANOTHER
[2024] 2 Lloyd's Rep 98
Admiralty – Limitation of liability – No limitation fund constituted – Pre-judgment interest – Rate of interest to award in case where no limitation fund constituted – Costs – Foreign legal practitioner – Convention on the Limitation of Liability for Maritime Claims 1976, article 11 – BVI Merchant Shipping Act 2001, section 404 – BVI Legal Profession Act, section 18(3).
ZURICH INSURANCE CO LTD (TRADING AS NAVIGATORS AND GENERAL) AND OTHERS v HALCYON YACHT CHARTER LLP AND ANOTHER (THE “BIG KAHUNA”)
[2024] 2 Lloyd's Rep 109
Admiralty – Limitation of liability – Fire on board vessel in Greece – Damage to other vessels – Vessel owner commencing limitation proceedings before English court – Proceedings commenced in Greece – Question of stay of English proceedings – Convention on Limitation of Liability for Maritime Claims 1976 as amended – Merchant Shipping Act 1995, section 185 and Schedule 7.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] 2 Lloyd's Rep 115
Contract – Ship sale – Deposit – Cooperation – Deemed fulfilment of conditions precedent – Maxim that a person could not derive a benefit from their own wrong.
KING CRUDE CARRIERS SA AND OTHERS v RIDGEBURY NOVEMBER LLC AND OTHERS
[2024] 2 Lloyd's Rep 140
Contract – Ship sale – Deposit – Cooperation – Buyer of ship failing to take steps to place deposit in escrow – Condition precedent to payment of an accrued debt – Maxim that a person could not derive a benefit from their own wrong – Mackay v Dick principle.
IVECO SPA AND OTHERS v THE SHIP "HÖEGH LONDON"
[2024] 2 Lloyd's Rep 163
Admiralty – Arrest – Application for release of vessel – Writ as to arrest impermissibly citing corporations as relevant persons – Writ making claims in rem and in personam – Admiralty Act 1988 (Cth), sections 14, 17 and 18 – Admiralty Rules 1988 (Cth), rules 15 and 18 – Admiralty Jurisdiction Regulation Act 105 of 1983 (RSA), sections 1(3), 3(4) and 5(3).
LIPTON AND ANOTHER v BA CITYFLYER LTD CIVIL AVIATION AUTHORITY INTERVENING
[2024] 2 Lloyd's Rep 167
Aviation – Compensation for delayed flight – Effect of UK withdrawal from EU – Regulation 261/2004/EC – Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 278) – European Union (Withdrawal) Act 2018 – European Union (Withdrawal Agreement) Act 2020.
CELESTIAL AVIATION SERVICES LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH): CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD v UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH)
[2024] 2 Lloyd's Rep 215
Contract (letter of credit) – Sanctions – Letters of credit in respect of aircraft leases – Leases terminated without return of aircraft – Confirming bank declining to pay under letters of credit with reference to Sanctions Regulations – Meaning of “in connection with an arrangement” – Autonomy of letters of credit – Ralli Bros principle – Sanctions and Anti-Money Laundering Act 2018, section 44 – Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019 No 855, regulation 28(3).
JB COCOA SDN BHD AND OTHERS v MAERSK LINE AS (TRADING AS SAFMARINE)
[2024] 2 Lloyd's Rep 235
Contracts (bill of lading) – Cargo of cocoa beans deteriorating between discharge and delivery – Carrier's duty of care of cargo – Inherent vice.
AZ v BY
[2024] 2 Lloyd's Rep 269
Arbitration – Award – Construction – Effect of dispositive – Whether exhaustive as to rights and remedies – Whether parties can agree to revive jurisdiction of functus officio tribunal.
PORALU MARINE AUSTRALIA PTY LTD v MV DIJKSGRACHT
[2024] 2 Lloyd's Rep 280
Contracts (carriage of goods by sea) – Formation – Fixture recap email – Booking note – Sea waybill – Application of Hague Rules “as enacted in the country of shipment” – Ireland – Hague-Visby Rules, article 10.