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CARGILL Srl MILAN (FORMERLY CARGILL S.p.A.) v. P. KADINOPOULOS S.A.

[1992] 1 Lloyd's Rep. 1

Arbitration - Lapse of claim - Dispute regarding cargo of wheat - Arbitrator appointed in 1986 - Sellers submitted documents in support of claim in 1988 - Arbitrator held sellers’ claim lapsed - Board of Appeal allowed claim to proceed - Whether sellers had right of appeal under GAFTA arbitration rules.

PUNJAB NATIONAL BANK v. DE BOINVILLE AND OTHERS

[1992] 1 Lloyd's Rep. 7

Insurance brokers - Breach of duty - Brokers placed insurances with underwriters - Bank claimed under policies - Underwriters denied liability - Bank claimed against brokers - Whether bank assured under policies - Whether contractual relationship between bank and brokers - Whether brokers owed bank a duty of care.

BULK SHIPPING A.G. v. IPCO TRADING S.A. (THE “JASMINE B”)

[1992] 1 Lloyd's Rep. 39

Charter-party (Voyage) - Nomination of port - Charterers entitled to change nomination of discharge ports - Vessel ordered to remain outside Porto Torres awaiting instructions - Charterers instructed vessel to proceed to U.S. East Coast (New York) for orders - Charterers then instructed vessel to discharge at Genoa - Whether charterers entitled to issue such orders.

LEIF HOEGH & CO A/S v. PETROLSEA INC. (THE “WORLD ERA”)

[1992] 1 Lloyd's Rep. 45

Arbitration - Jurisdiction - Pleadings - Dispute arising under tanker voyage charter referred to arbitration - Amendments made to points of claim - Allegation that issues and claims raised by amendments outside terms of reference and/or out of time or extinguished or abandoned - Whether arbitrators had jurisdiction to hear and determine issues raised by amendments.

E. HOBBS (FARMS) LTD. v. THE BAXENDEN CHEMICAL CO. LTD. GERBER FOODS (HOLDINGS) LTD. AND OTHERS v. E. HOBBS (FARMS) LTD.

[1992] 1 Lloyd's Rep. 54

Negligence - Duty of care - Manufacturers supplied Isofoam as insulation for farm buildings - Farm owner under impression Isofoam self-extinguishing - Fire started in barn and spread to other buildings - Whether risk that fire would get out of control foreseeable - Whether farm owner contributorily negligent - Whether manufacturers liable.

TUFTON ASSOCIATES LTD v. DILMUN SHIPPING

[1992] 1 Lloyd's Rep. 71

Ship finance - Arrangement fee - Plaintiffs agreed to arrange ship finance for defendants - Finance offer made by bank - Whether plaintiffs effective cause of offer - Whether terms of bank’s offer different from finance envisaged by plaintiffs and defendants’ contract - Whether plaintiffs failed to exercise due expedition in the arrangement of finance - Whether plaintiffs entitled to an arrangement fee.

HARBOUR ASSURANCE CO. (U.K.) LTD. v. KANSA GENERAL INTERNATIONAL INSURANCE CO. LTD.

[1992] 1 Lloyd's Rep. 81

Arbitration - Arbitrators - Jurisdiction - Doctrine of separability - Dispute under reinsurance contracts - Allegation that contracts illegal - Whether arbitration clause wide enough to cover illegality dispute - Whether arbitration agreement severable - Whether defendants entitled to stay action.

BANQUE PARIBAS v. CARGILL INTERNATIONAL S.A.

[1992] 1 Lloyd's Rep. 96

Practice - Application to set aside - Plaintiffs sue as alleged assignees - Whether plaintiffs’ case fell within any provision of O. 11 - Whether plaintiffs had good arguable case - Whether assignments effective - Whether England more appropriate forum - Whether leave to serve out of jurisdiction should be set aside.

PAN ATLANTIC INSURANCE CO. LTD. AND ANOTHER v. PINE TOP INSURANCE CO. LTD.

[1992] 1 Lloyd's Rep. 101

Reinsurance - Non-disclosure - Misrepresentation - Renewal invited based on loss record for 1977-1979 years - Whether plaintiffs failed to disclose material facts - Whether position misrepresentated - Whether additional losses for year 1980-1981 should have been disclosed - Whether reinsurers entitled to avoid policy for misrepresentation and non-disclosure.

DIMSKAL SHIPPING CO. S.A. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION (THE “EVIA LUCK”) (No. 2)

[1992] 1 Lloyd's Rep. 115

Practice - Trade union dispute - Plaintiffs alleged defendants induced them to pay certain moneys and enter into certain agreements - Whether agreements void for duress - Whether plaintiffs entitled to repayment of moneys - Whether defendants’ industrial action unlawful.

REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”)

[1992] 1 Lloyd's Rep. 124

Practice - Application to strike out - Res judicata - Carriage of goods by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether cause of action in England identical to that in India - Whether s. 34 of Civil Jurisdiction and Judgments Act a bar to bringing English proceedings - Whether action should be struck out.

BAYTUR S.A. v. FINAGRO HOLDING S.A.

[1992] 1 Lloyd's Rep. 134

Arbitration - Equitable assignment - Dispute under sale of goods contract referred to arbitration - Buyers reorganized and rights and liabilities assigned to defendants - Arbitrators found in favour of buyers - Whether assignee became party to pending arbitration on assignment taking effect in equity.

SMIT TAK OFFSHORE SERVICES AND OTHERS v. YOUELL AND GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC.

[1992] 1 Lloyd's Rep. 154

Insurance (Marine) - Indemnity - Umbrella liability policy - Plaintiffs operating in Dubai waters - Associate company of plaintiffs rendered salvage service to vessel - Vessel anchored outside Dubai territorial waters but sank - Dubai port authorities threatened plaintiffs with withdrawal of licence unless wreck removed - Whether insurers liable to indemnify plaintiffs for costs of removal.

NCNB TEXAS NATIONAL BANK AND OTHERS v. EVENSONG CO. LTD. (THE “MIKADO”)

[1992] 1 Lloyd's Rep. 163

Practice - Application to set aside - Injunction obtained by plaintiffs restraining defendants from dealing with yacht - Whether plaintiffs an “interested person” - Whether Court had jurisdiction to grant injunction - Merchant Shipping Act, 1894 s. 30 as amended by Merchant Shipping Act, 1988 Schedule 2, s. 20.

EXMAR B V v. NATIONAL IRANIAN TANKER CO. (THE “TRADE FORTITUDE”)

[1992] 1 Lloyd's Rep. 169

Arbitration - Award - Interim award - Owners claimed and charterers cross-claimed for damages under charter - Owners claimed they were entitled to be paid undisputed part of their claim - Charterers contended they were entitled to rely on defence of equitable set-off - Whether arbitrators had a discretion not to make an interim award in favour of owners - Whether arbitrators erred in law in exercising that discretion.

INTERDESCO S.A. v. NULLIFIRE LTD.

[1992] 1 Lloyd's Rep. 180

Practice - Foreign judgment - Registration - Plaintiffs obtained judgment against defendants in France - Plaintiffs sought registration of judgment in England - Whether English Courts should determine whether French judgment procured by fraud - Whether defendants entitled to any relief - Whether judgment should be registered - Civil Jurisdiction and Judgments Act, 1982.

GUINNESS PEAT AVIATION (BELGIUM) NV v. HISPANIA LINEAS AEREAS S.A.

[1992] 1 Lloyd's Rep. 190

Practice - Mareva injunction - Plaintiffs leased aircraft to defendants - Defendants chartered aircraft to third party for summer season - Defendants defaulted on lease - Plaintiffs obtained Mareva injunction and took possession of aircraft - third party incurred liability to fourth parties - Whether third party’s losses recoverable - Whether plaintiffs should have notified third party of their right to apply for order to be varied.

SOCIETE LIBANAISE POUR L’INDUSTRIE DU BOIS “LIBANBOIS” S.A.L. AND ANOTHER v. FAMA SHIPPING LTD. AND ANOTHER

[1992] 1 Lloyd's Rep. 197

Practice - Jurisdiction - Summary judgment - Plaintiffs claimed against first defendant for breach of warranty of authority or breach of contract and against second defendant based on allegation of fraud - Plaintiff applied for judgment under O.14 against first defendants - Claim against second defendants outside scope of O.14 - Whether Court had jurisdiction to hear plaintiffs’ application - R.S.C. O.14.

NEW ENGLAND REINSURANCE CORPORATION AND FIRST STATE INSURANCE CO. v. MESSOGHIOS INSURANCE CO. S.A.

[1992] 1 Lloyd's Rep. 201

Practice - Contract - Plaintiffs alleged contract concluded between parties - Whether plaintiffs had good arguable case - Whether defendants under obligation to make payment to plaintiffs in England.

OVERSEAS UNION INSURANCE LTD. DEUTSCHE RUCK UK REINSURANCE CO. LTD. AND PINE TOP INSURANCE CO. LTD. v. NEW HAMPSHIRE INSURANCE CO.

[1992] 1 Lloyd's Rep. 204

Practice - Stay of action - Seisure of proceedings - Dispute between English plaintiffs and French defendants under reinsurance contract - Actions brought in France and England - Defendants applied to stay English action under arts. 21 and 22 of Convention - Whether art. 21 applicable irrespective of domicile of parties - Whether Court second seised must stay proceedings if jurisdiction not declined - Whether Court first seised had jurisdiction - Civil Jurisdiction and Judgments Act, 1982 Schedule 1 arts. 21, 22.

OVERSEAS UNION INSURANCE LTD. DEUTSCHE RUCK UK REINSURANCE CO. LTD. AND PINE TOP INSURANCE CO. LTD. v. NEW HAMPSHIRE INSURANCE CO.

[1992] 1 Lloyd's Rep. 218

OVERSEAS UNION INSURANCE LTD. DEUTSCHE RUCK UK REINSURANCE CO. LTD. AND PINE TOP INSURANCE CO. LTD. v. NEW HAMPSHIRE INSURANCE CO.

[1992] 1 Lloyd's Rep. 226

UNION TRANSPORT PLC. v. CONTINENTAL LINES S.A. AND CONTI LINES S.A. (TRADING AS CROSS AM LINES)

[1992] 1 Lloyd's Rep. 229

Practice - Jurisdiction - Failure to nominate vessel - Whether place of performance London - Whether action should have been brought in country of defendants’ domicile - Whether service of writ should be set aside - Whether Court had jurisdiction - Civil Jurisdiction and Judgments Act, 1982, Schedule 1, art. 5(1).

EXERCISE SHIPPING CO. LTD. v. BAY MARITIME LINES LTD. (THE “FANTASY”)

[1992] 1 Lloyd's Rep. 235

Charter-party (Time) - Damage to cargo - Containers stowed on deck - Vessel encountered adverse weather - Stow of containers shifted - Damage caused to containers and vessel - Whether owners liable - Whether cargo carried “at charterers’ risk”.

ORION INSURANCE CO. PLC. v. SPHERE DRAKE INSURANCE PLC.

[1992] 1 Lloyd's Rep. 239

Insurance (Marine and Non-Marine) - Pool agreement - Defendants got into financial difficulties - Meeting between plaintiffs and defendants to agree disposal of all liabilities under the pool agreement - Written record of meeting signed by all parties - Whether parties agreed that agreement to be goodwill agreement only and not legally binding - Whether defendants could rely on estoppel.

ATTORNEY GENERAL OF THE REPUBLIC OF GHANA AND GHANA NATIONAL PETROLEUM CORPORATION v. TEXACO OVERSEAS TANKSHIPS LTD. (THE “TEXACO MELBOURNE”)

[1992] 1 Lloyd's Rep. 303

Damages - Currency - Carriage by sea - Non-delivery - Defendants failed to deliver cargo of fuel oil to plaintiffs - Whether available market Italy or Takoradi - Appropriate currency in which plaintiffs’ loss should be assessed - Whether damages should be assessed in U.S. dollars or Ghanaian cedis.

ATTORNEY GENERAL OF THE REPUBLIC OF GHANA AND GHANA NATIONAL PETROLEUM CORPORATION v. TEXACO OVERSEAS TANKSHIPS LTD. (THE “TEXACO MELBOURNE”)

[1992] 1 Lloyd's Rep. 319

ASSURANCES GENERALES DE FRANCE I.A.R.T. v. THE CHIYODA FIRE AND MARINE CO. (UK) LTD. AND OTHERS UNAT S.A. v. RHONE MEDITERRANEE COMPAGNIE FRANCESE DI ASSICURAZIONI E RIASSICURAZIONI AND OTHERS SAME v. SAME

[1992] 1 Lloyd's Rep. 325

Reinsurance - Seisin - Stay of proceedings - Dispute under reinsurance programme - Proceedings brought in Italian and English Courts - Whether English Court first seised of action - Application to reamend points of claim - Whether reamendments and Italian proceedings related actions - Whether same cause of action between same parties - Whether proceedings should be stayed - Civil Jurisdiction and Judgments Act, 1982 arts. 21 and 22.

MARC RICH & CO. A.G. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”)

[1992] 1 Lloyd's Rep. 342

Sale of goods (f.o.b) - Application to set aside - Arbitration clause - Plaintiffs alleged damage to cargo - Defendants denied liability - Whether contract contained arbitration clause - Whether dispute should be resolved in Italy - Whether proper law of contract English - Whether application to set aside leave to serve out of jurisdiction should be granted - Whether the Convention scheduled to the Civil Jurisdiction and Judgments Act, 1982 applied.

VERACRUZ TRANSPORTATION INC v. V. C. SHIPPING CO. INC. AND DEN NORSKE BANK A/S (THE “VERACRUZ I”)

[1992] 1 Lloyd's Rep. 353

Practice - Mareva injunction - Anticipatory breach - Sale of ship - Dispute referred to Arbitration - Plaintiffs anticipated breach of contract by buyers - Mareva injunction obtained ex parte to take effect after delivery and payment - Whether Court had jurisdiction to grant injunction - Whether injunction should be discharged or reduced.

NEW HAMPSHIRE INSURANCE CO. AND OTHERS v. STRABAG BAU A.G. AND OTHERS

[1992] 1 Lloyd's Rep. 361

Insurance (Collective Policy) - Arbitration clause - Application to set aside - Plaintiffs insured in respect of construction of airport buildings in Iraq - Claims made by defendants - Plaintiffs issued letter of avoidance and claimed arbitration - Plaintiffs issued writ claiming declaration policy validly avoided - Defendants commenced proceedings in Germany - Whether dispute validly referred to arbitration - Whether proper case for service out of jurisdiction Whether another forum available to plaintiffs - Whether proceedings should be set aside - Civil Jurisdiction and Judgments Act, 1982.

THE “BREYDON MERCHANT”

[1992] 1 Lloyd's Rep. 373

Limitation of liability - Limitation fund - Damage to cargo by fire on board vessel - Shipowners entitled to limit liability - Whether claim by cargo-owners to be made against limitation fund - Whether shipowners not entitled to limit liability in respect of such claim - Convention on Limitation of Liability for Maritime Claims, 1976, arts. 2 and 3 - Merchant Shipping Act, 1979, s. 17, Schedule 4 Part I.

KROHN & CO. (IMPORT-EXPORT G.M.B.H. & CO. K.G.) v. P.T. TULUNG AGUNG INDAH

[1992] 1 Lloyd's Rep. 377

Arbitration - Award - Application to set aside - Dispute under sale contract referred to arbitration - Award in favour of sellers - Buyers alleged Board of Appeal failed to give buyers opportunity to address particular point - Whether award should be set aside or remitted.

IRISH AEROSPACE (BELGIUM) N.V. v. EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION AND CIVIL AVIATION AUTHORITY

[1992] 1 Lloyd's Rep. 383

Carriage by air - Conversion - Abuse of dominant position - Negligence - Defendants detained aircraft for alleged unpaid charges - Whether detention unlawful - Whether defendants liable in conversion - Whether defendants abused dominant position they occupied in Common Market - Whether defendants in breach of duty of care not to injure plaintiffs’ interest in aircraft - Whether defendants liable for damages in negligence - EEC Treaty art. 86 - Whether defendants entitled to order that points of claim be struck out.

LAMB HEAD SHIPPING CO. LTD. AND OTHERS v. JENNINGS (THE “MAREL”)

[1992] 1 Lloyd's Rep. 402

Insurance (Marine) - Perils of the sea - Vessel insured with defendants - Vessel sank while on a voyage from Greece to Belgium - Whether loss of vessel caused by perils of the sea - Whether insurers liable under insurance policy.

THIERRY NOIRHOMME v. DAVID WALKLATE

[1992] 1 Lloyd's Rep. 427

Practice - Foreign judgment - Registration - Action brought by plaintiff against English defendant in Belgium - Judgment given in favour of plaintiff and registered in England - Whether judgment should be recognized - Whether defendant duly served - Whether defendant entitled to stay proceedings - Civil Jurisdiction and Judgments Act, 1982, s. 4.

THE WARDENS AND COMMONALTY OF THE MYSTERY OF MERCERS OF THE CITY OF LONDON v. NEW HAMPSHIRE INSURANCE CO.

[1992] 1 Lloyd's Rep. 431

Practice - Interest - Interim payment - Repayment of interim payment - Whether Court had power to order repayment of interim payment with interest - Supreme Court Act, 1981, s. 32 - R.S.C., O. 29, r. 17.

QBE INSURANCE (U.K.) LTD. v. THE MEDITERRANEAN INSURANCE AND REINSURANCE CO. LTD. AND F. E. WRIGHT (U.K.) LTD. WHITE v. SAME: MARTIN v. SAME

[1992] 1 Lloyd's Rep. 435

Practice - Writ of fi.fa. - Application to set aside - Taxation of costs - Plaintiffs issued writ against second defendants for non-payment of costs by first defendants - Second defendants had made payment into Court - Whether writ should be set aside - R.S.C., O. 62, rr. 5(4), 22(1)(b).

OVERSEAS UNION INSURANCE LTD. AND OTHERS v. INCORPORATED GENERAL INSURANCE LTD.

[1992] 1 Lloyd's Rep. 439

Reinsurance - Application to set aside - Plaintiffs entered into reinsurance contracts with South African defendants - Neither defendants nor plaintiffs except one authorized to carry on insurance business in Great Britain - Plaintiffs alleged moneys due under reinsurance contracts - Plaintiffs obtained leave to serve out of jurisdiction - Whether plaintiffs’ claim within R.S.C., O. 11, r. 1(1) - Whether England more appropriate forum - Whether writ should be set aside.

PREKOOKEANSKA PLOVIDBA v. FELSTAR SHIPPING CORPORATION AND SOTROMAR Srl. AND STC SCANTRADE A.B. (THIRD PARTY) (THE “CARNIVAL”)

[1992] 1 Lloyd's Rep. 449

Negligent navigation - Damage to vessel and cargo - Plaintiffs’ vessel being moored at Setramar berth at Ravenna - Defendants’ vessel proceeded past plaintiffs’ vessel - Plaintiffs’ vessel and cargo damaged by fender penetrating plating - Whether defendants’ vessel negligently navigated - Whether plaintiffs guilty of contributory negligence - Whether plaintiffs failed to take steps to mitigate amount of damage caused. Charter-party (Voyage) - Unsafe berth - Damage to vessel and cargo - Charterers ordered vessel to Ravenna - Vessel being moored alongside Setramar berth - Defendants’ vessel proceeded past plaintiffs’ vessel - Damage to plaintiffs’ vessel and cargo caused by fender penetrating plating - Whether Setramar berth an unsafe berth - Contribution between defendants - Civil Liability (Contribution) Act 1978.

SIG BERGESEN D.Y. A/S AND OTHERS v. MOBIL SHIPPING AND TRANSPORTATION CO. (THE “BERGE SUND”)

[1992] 1 Lloyd's Rep. 460

Arbitration - Award - Off-hire - Dispute as to delay in loading - Arbitrators found vessel off-hire - Whether vessel remained fully efficient within off-hire clause - Whether owners entitled to indemnity - Whether award should be remitted.

THE “P”

[1992] 1 Lloyd's Rep. 470

Sale of ship - Mareva injunction - Application to discharge - Dispute between buyers and sellers as to condition of vessel on delivery - Buyers anticipated sellers would transfer proceeds of sale out of jurisdiction - Injunction obtained which took effect after payment and delivery - Whether injunction should be discharged.

COMMERCIAL UNION ASSURANCE CO. PLC. v. SUN ALLIANCE INSURANCE GROUP PLC. AND GUARDIAN ROYAL EXCHANGE PLC.

[1992] 1 Lloyd's Rep. 475

Reinsurance - Indemnity - Destruction by arson of insured store in Netherlands - Insurers paid claim under insurance policy - Reinsurers denied liability - Whether insurance and reinsurance arrangements had lapsed - Whether reinsured entitled to be indemnified by reinsurers.

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. JOHN JOSEPH TAYLOR AND STASIMA MARITIMA CO. LTD.

[1992] 1 Lloyd's Rep. 484

Insurance (Marine) - Representative action - Underwriters declined to pay on insurance claim - No leading underwriter clause - Whether Court had power to appoint one defendant to represent others - Liability for costs of action.

REGINA v. MR. G. R. A. DARLING R.D. Q.C. (Sitting as a Wreck Commissioner) Ex parte SWAN HUNTER SHIPBUILDERS LTD. BIBBY TANKERS LTD. LLOYD’S REGISTER OF SHIPPING EVELYN MARSH AND OTHERS (THE “DERBYSHIRE”)

[1992] 1 Lloyd's Rep. 497

Practice - Costs - Judicial review - Investigation into loss of vessel Derbyshire - Wreck Commissioner ordered each party to bear its own costs - Whether Wreck Commissioner had exercised his discretion properly.

RAFSANJAN PISTACHIO PRODUCERS CO-OPERATIVE v. BANK LEUMI (UK) PLC

[1992] 1 Lloyd's Rep. 513

Banking - Letter of credit - Allegations of fraud - Sale of goods - Bank opened letters of credit in favour of plaintiffs - Letters of credit rejected for discrepancies - Bank alleged plaintiffs party to agreement to induce bank to open letter of credit - Plaintiffs alleged bank in breach of Uniform Customs and Practice for Documentary Credits, 1983 - Whether bank could rely on estoppel or discharge.

“THE REGINA D” (Nos. 1 and 2).

[1992] 1 Lloyd's Rep. 543

Collision - Approaching vessels - Collision in river Scheldt - Plaintiffs’ vessel proceeding at excessive speed and in wrong water - Whether defendants’ vessel also at fault - Apportionment of liability.

THE “REGINA D” (No. 2)

[1992] 1 Lloyd's Rep. 555

ANTCLIZO SHIPPING CORPORATION v. FOOD CORPORATION OF INDIA (“THE ANTCLIZO”) (No. 2)

[1992] 1 Lloyd's Rep. 558

Charter-party (Voyage) - Demurrage - Vessel arrived at Bombay - Whether vessel “entered at Custom House” - Whether vessel legally ready to discharge when notice of readiness tendered.

SOCIETE COMMERCIALE DE REASSURANCE v. ERAS INTERNATIONAL LTD. (formerly ERAS(U.K.)) AND OTHERS (THE ERAS EIL ACTIONS)

[1992] 1 Lloyd's Rep. 570

Practice - Service out of jurisdiction - Insurance cover provided for environment impairment liability - Reinsurance led pool - Derivative claims - Issues raised on jurisdiction, contract, tort, contribution, limitation and arbitration - Whether leave should be set aside - R.S.C., O. 11, r. 1(1)(c), (f), O. 16, r. 3(4) - Limitation Act, 1980 - Civil liability (Contribution) Act 1978.

MARC RICH & CO. A.G. v. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”) (No. 2)

[1992] 1 Lloyd's Rep. 624

Practice - Injunction - Dispute under contract for sale of goods - Defendants brought action for non-liability in Italian Court - Dispute referred to arbitration in London - Plaintiffs contested jurisdiction of Italian Court - Italian Court held no valid arbitration clause - Whether decision binding on plaintiffs - Whether injunction should be granted restraining defendants from taking further steps in proceedings in Italian Court.

THE “RUBI SEA”

[1992] 1 Lloyd's Rep. 634

Admiralty practice - Arrest of vessel - Costs of arrest - Vessel arrested and released by caveators and re-arrested by mortgagees - Mortgagees obtained judgment against owners - Vessel ordered to be appraised and sold - Moneys paid into Court - Whether caveators entitled to recover costs incurred in first arrest of vessel.

MARIDA LTD. AND OTHERS v. OSWAL STEEL AND OTHERS (THE “BIJELA”)

[1992] 1 Lloyd's Rep. 636

General average - Cost of temporary repairs - Vessel grounded causing damage to bottom plating - Temporary repairs effected - General average declared - Whether owners entitled to claim contribution from cargo-owners for cost of temporary repairs - York-Antwerp Rules 1974.

Lloyd's Law Reports