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CLASSIC MARITIME INC v LION DIVERSIFIED HOLDINGS BERHAD AND ANOTHER
[2010] Lloyd's Rep Plus 1
Practice - Summary judgment - Contract of Affreightment containing arbitration agreement - Parent company guaranteeing charterers' obligations - Guarantee containing non-exclusive English jurisdiction clause - Claimant bringing proceedings against guarantors and charterers for breach of COA - Whether arbitration agreement in COA ousted by terms of guarantee - Whether charterers entitled to stay pending arbitration - Whether guarantor entitled to stay on case management grounds - Whether claimant entitled to summary judgment against guarantor - Whether guarantee void for past consideration - Whether guarantor had realistic prospect of defending claim based on frustration or force majeure - Arbitration Act 1996, section 9 - CPR 24.
THE "WESTERN NEPTUNE" AND THE "ST LOUIS EXPRESS"
[2010] Lloyd's Rep Plus 2
Collision action - Seismic survey vessel towing array of streamers - Defendant vessel colliding with towed array at night - Whether array subject to Collision Regulations - Whether towing vessel partially to blame - Collision Regulations 1996, Rules 3(g) and 7(d)(ii).
NOTE THE "WESTERN NEPTUNE" AND THE "ST LOUIS EXPRESS"
[2010] Lloyd's Rep Plus 3
Practice - Costs - Collision action - Court finding claimant vessel one-third to blame - Whether claimants entitled to recover all their costs.
PACE SHIPPING CO LTD v CHURCHGATE NIGERIA LTD (THE "PACE")
[2010] Lloyd's Rep Plus 4
Carriage by sea - Title to sue - Spent bill of lading - Whether rights of suit transferred to holder of bill of lading - Carriage of Goods by Sea Act 1992, section 2(2)(a) - Arbitration - Whether serious irregularity - Whether arbitrators made error of law - Arbitration Act 1996, sections 68 and 69.
DOUBLE K OIL PRODUCTS 1996 LTD v NESTE OIL OYJ
[2010] Lloyd's Rep Plus 5
Arbitration - Serious irregularity - Whether evidence fraudulently withheld from arbitrators - Reliance by arbitrators on privileged documents - Whether arbitrators resolved all issues before them - Substantive injustice - Arbitration Act 1996, sections 33 and 68(2)(a), 62(2)(d) and 62(2)(g).
DALLAH REAL ESTATE AND TOURISM HOLDING CO v THE MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN
[2010] Lloyd's Rep Plus 6
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.
NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE "WADI SUDR")
[2010] Lloyd's Rep Plus 7
Conflict of laws - Issue estoppel - Disputes arising under bill of lading between Egyptian shipowners and Spanish cargo owners - Cargo owners obtaining judgment in Spanish courts that arbitration clause not incorporated into bill of lading - Shipowners bringing court proceedings against cargo owners in England for declaration that arbitration clause validly incorporated - Whether English court bound to recognise Spanish judgment - Council Regulation (EC) No 44/2001, articles 31, 33 and 34 - Civil Jurisdiction and Judgments Act 1982, section 32.
NATIONAL ABILITY SA v TINNA OILS & CHEMICALS LTD (THE "AMAZON REEFER")
[2010] Lloyd's Rep Plus 8
Arbitration - Award - Enforcement - Claimant applying to enforce awards as judgments - Whether application subject to six-year limitation period - Arbitration Act 1950, section 26 - Limitation Act 1980, section 7.
MORGAN STANLEY & CO INTERNATIONAL PLC v CHINA HAISHENG JUICE HOLDINGS CO LTD
[2010] Lloyd's Rep Plus 9
Jurisdiction - Exclusive London jurisdiction clause in bilateral agreement - Proceedings in breach of clause by one party to the agreement against the other and against third party over matters relating to the agreement - Construction of exclusive jurisdiction clause - Whether contract parties bound to sue third parties in London - Anti-suit injunction in respect of proceedings between contract parties in breach of the jurisdiction clause.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2010] Lloyd's Rep Plus 10
Banking - Letters of credit - Issuing bank refusing to pay under letters of credit - Whether documents complied with contract - Whether confirming bank validly appointed - UCP 600.
OFFICE OF FAIR TRADING v ABBEY NATIONAL PLC AND OTHERS
[2010] Lloyd's Rep Plus 11
Banking - Overdraft charges - Banks charged customers substantial charges for overdrafts on current accounts - Whether charges formed part of the price of the account or ancillary charges subject to assessment under the Unfair Terms in Consumer Contracts Regulations 1999, Regulation 6(2) - Council Directive 93/13/EEC on unfair terms in consumer contracts, article 4(2) - Whether preliminary reference to the European Court of Justice should be made - EC Treaty, article 234.
NOVOLOGISTICS SARL v FIVE OCEAN CORPORATION (THE "MERIDA")
[2010] Lloyd's Rep Plus 12
Charterparty (Voyage) - Demurrage - Whether berth or port charter.
KARAFARIN BANK v DARA (NO 2)
[2010] Lloyd's Rep Plus 13
Banking - payment of cheques - Damages - Effect of Bills of Exchange Act 1882, sections 57 and 72, on cheques governed by a foreign law.
COBELFRET BULK CARRIERS NV v SWISSMARINE SERVICES SA (THE "LOWLANDS ORCHID")
[2010] Lloyd's Rep Plus 14
Charterparty (Voyage) - Demurrage - Holidays - Fixture recap stating "SHINC" and "otherwise" incorporating terms of pro forma charter logically amended - Pro forma charter providing "Sundays and Holidays included, excluding Super Holidays" - Whether pro forma charter inconsistent with fixture recap - Whether time counted during Super Holidays.
TEKDATA INTERCONNECTIONS LTD v AMPHENOL LTD
[2010] Lloyd's Rep Plus 15
Sale of goods - Whether contract concluded on sellers' terms or on buyers' terms - Battle of the forms.
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE "CENDOR MOPU")
[2010] Lloyd's Rep Plus 16
Insurance (marine) - Institute Cargo Clauses (A) - All risks cover - Oil rig damaged in course of being transported - Causation - Perils of the sea - Whether loss inevitable - Whether loss caused by inherent vice - Marine Insurance Act 1906, section 55(2)(c) and schedule, para 7.
REPUBLIC OF SERBIA v IMAGESAT INTERNATIONAL NV
[2010] Lloyd's Rep Plus 17
Arbitration - Jurisdiction - Justiciability - Arbitrator ruling that state was continuator state of an earlier State Union - Whether arbitrator possessed jurisdiction to decide the matter - Estoppel by convention - Whether right to appeal on jurisdictional grounds had been waived - Arbitration Act 1996, sections 30, 67 and 73.
THE "CATUR SAMUDRA"
[2010] Lloyd's Rep Plus 18
Admiralty jurisdiction - Charterers failing to pay hire - Shipowners arresting alleged sister ship owned by guarantor of charterparty obligations - Whether claim arising under a guarantee of charterparty obligations was a claim "arising out of an agreement relating to the use or hire of" the chartered ship - Whether defendant in possession or control of chartered ship at time when cause of action arose - Whether arrest should be set aside.
HALL v HEART OF ENGLAND BALLOONS LTD AND ANOTHER
[2010] Lloyd's Rep Plus 19
Practice - Amendment - Carriage by air - Claimant sustaining personal injury while being carried in hot-air balloon - Claimant bringing action against wrong party - Whether court had jurisdiction to amend claim to substitute correct defendant after expiry of two-year limitation period - Carriage by Air Acts (Application of Provisions) Order 2004 - Montreal Convention, article 35 - CPR Parts 17.4 and 19.5.
SUPERSHIELD LTD v SIEMENS BUILDING TECHNOLOGIES FE LTD
[2010] Lloyd's Rep Plus 20
Breach of contract - Damages - Remoteness - Respondent settling claim against it and seeking indemnity from appellant - Whether settlement within range of what was reasonable.
POLSKIE RATOWNICTWO OKRETOWE v RALLO VITO & C SNC AND ANOTHER
[2010] Lloyd's Rep Plus 21
Conflict of laws - Jurisdiction - Claimant tugowner bringing proceedings against Italian shipowners and insurers for declaration of non-liability relating to contract on TOWHIRE terms - Whether parties agreed English jurisdiction - Whether formal requirements complied with - Council Regulation (EC) No 44/2001, article 23.
THE "OCEAN CROWN"
[2010] Lloyd's Rep Plus 22
Salvage - Remuneration - Assessment of award - Principle of encouragement - Whether tribunal entitled to take into account possibility that salvors might experience difficult economic conditions in future - Whether permissible to take into account actual economic conditions experienced between date of termination of the services and date of award - Whether principle in The Amerique applicable to complex and comprehensive cases - International Salvage Convention 1989, article 13.
SABMILLER AFRICA BV AND ANOTHER v EAST AFRICAN BREWERIES LTD
[2010] Lloyd's Rep Plus 23
Arbitration - Application for interim relief to restrain breach of contract pending establishment of tribunal - Supreme Court Act 1981, section 37 - Arbitration Act 1996, section 44.
COMPANIA SUD-AMERICANA DE VAPORES SA v NIPPON YUSEN KAISHA
[2010] Lloyd's Rep Plus 24
Arbitration - Defence apparently abandoned and then raised again at late stage in arbitration - Arbitrators accepting defence - Whether serious irregularity - Whether substantial injustice caused to other party - Arbitration Act 1996, sections 33 and 68(2)(a).
SEADRILL MANAGEMENT SERVICES LTD AND ANOTHER v OAO GAZPROM (THE "EKHA")
[2010] Lloyd's Rep Plus 25
Contract - International Daywork Drilling Contract-Offshore (IDDCO) form - Construction of contract - Contractor carrying out preloading operation negligently - Whether contractor in repudiatory breach - Whether operator entitled to terminate contract - Claims by contractor and counterclaims by operator - Issues of principle concerning quantum of damages.
BANK OF NEW YORK MELLON v GV FILMS
[2010] Lloyd's Rep Plus 26
Jurisdiction - Agreement contained jurisdiction clause - Provision that one party irrevocably submit to the jurisdiction waiving objections - Whether exclusive - Anti-suit injunction.
GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY)
[2010] Lloyd's Rep Plus 27
Sale of goods (CIP) - Incoterms 2000 - Seller contracting with freight forwarder to arrange sea carriage from England to Libya - Freight forwarder arranging carriage on "RORO" basis and arranging insurance cover containing warranty that goods shipped below deck - Goods lost at sea after being carried on deck - Whether seller in breach of obligation to contract "on usual terms" - Whether "RORO" necessarily imports below deck carriage - Whether freight forwarder negligent - Damages - Whether buyer entitled to recover additional hire costs incurred by reason of impecuniosity.
F G HAWKES (WESTERN) LTD v BELI SHIPPING CO LTD (THE "KATARINA")
[2010] Lloyd's Rep Plus 28
Practice - Claim form - Service outside the jurisdiction - Application for extension of time - Civil Procedure Rules, Rule 7.6.
BANK OF NEW YORK MELLON v GV FILMS (NO 2)
[2010] Lloyd's Rep Plus 29
Bond issue - Trust deeds - Whether bond issuer in default of terms of trust deeds - Validity of notice requiring accelerated payment - Whether trustee entitled to summary judgment.
GAS NATURAL APROVISIONAMIENTOS SDG SA v METHANE SERVICES LTD (THE "KHANNUR")
[2010] Lloyd's Rep Plus 30
Charterparty (Time) - Off-hire - Substitution of vessel - Whether substitution valid - Whether substitute vessel had to be delivered in same place where substituted vessel withdrawn - Whether substituted vessel off-hire.
AET INC LTD v ARCADIA PETROLEUM LTD (THE "EAGLE VALENCIA")
[2010] Lloyd's Rep Plus 31
Charterparty (Voyage) - Laytime - Notice of readiness - Whether notice of readiness invalidated by failure to obtain free pratique within six hours - Shellvoy 5 form with Shell Additional Clauses.
SOUFFLET NEGOCE v BUNGE SA
[2010] Lloyd's Rep Plus 32
Sale of goods (fob) - Contract for sale of feed barley - Sellers given liberty to complete loading if vessel "presented at the loading port in readiness to load within the delivery period" - Whether vessel had to be ready to load in sense required to serve a valid notice of readiness for the commencement of laytime - GAFTA 49.
STURGEON v CONDOR FLUGDIENST GMBH BOCK v AIR FRANCE SA
[2010] Lloyd's Rep Plus 33
Carriage by air (passengers) - Delay - Concepts of flight "delay" and "cancellation" - Right to compensation in the event of delay - Concept of "extraordinary circumstances" - European Parliament and Council Regulation 261/2004/EC of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
CAPES (HATHERDEN) LTD v WESTERN ARABLE SERVICES LTD
[2010] Lloyd's Rep Plus 34
Arbitration - Incorporation of standard terms - Whether contract incorporated arbitration clause - Course of dealing - Independence and impartiality of arbitrators - Effect of article 6 of the European Convention on Human Rights - Scope of arbitration clause - Whether claimant estopped from denying submission to arbitration.
COOPER v NATIONAL WESTMINSTER BANK PLC
[2010] Lloyd's Rep Plus 35
Banking - Failure by bank to issue draft - Whether the parties had settled the dispute - Whether customer had offered to settle - Whether bank had accepted offer - Whether customer's silence amounted to acceptance of offer of settlement by bank.
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD
[2010] Lloyd's Rep Plus 36
Insurance (marine) - Piracy - Vessel seized by pirates - Ransom paid and vessel and cargo released - Whether cargo became an actual total loss on seizure - Whether cargo became a constructive total loss on seizure - Legality of payment of ransom - Marine Insurance Act 1906, sections 57 and 60.
WHITESEA SHIPPING AND TRADING CORPORATION AND ANOTHER v EL PASO RIO CLARA LTDA AND OTHERS (THE "MARIELLE BOLTEN")
[2010] Lloyd's Rep Plus 37
Practice - Anti-suit injunction - Claimant carrier seeking declarations of liability against cargo interests in England under bills of lading incorporating Hague Rules and containing exclusive English jurisdiction clause - Cargo insurers bringing proceedings in Brazil against carrier and other parties without reference to Hague Rules - Whether claimant entitled to anti-suit injunction - Hague rules, article III, rule 8.
MARINE TRADE SA v PIONEER FREIGHT FUTURES CO LTD BVI AND ANOTHER
[2010] Lloyd's Rep Plus 38
Contract - Forward freight agreements - Whether party entitled to set off liability to other party on settlement date - Whether set off precluded by reason of Event of Default - Restitution - Whether payment made by party under protest believing it was not liable to pay was made under a mistake of law.
BRODA AGRO TRADE (CYPRUS) LTD v ALFRED C TOEPFER INTERNATIONAL GMBH
[2010] Lloyd's Rep Plus 39
Arbitration - Challenge to award on jurisdictional grounds - Application for declaration - Whether applicant had taken part in the arbitration proceedings - Effect of International Convention on Human Rights, article 6 - Appeal against award - Whether time should be extended - Arbitration Act 1996, sections 67, 72 and 80(5)
GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY) (THE "GREEN ISLAND")
[2010] Lloyd's Rep Plus 40
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] Lloyd's Rep Plus 41
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).
HABAS SINAI VE TIBBI GAZLAR ISTHISAL ENDUSTRI AS v SOMETAL SAL
[2010] Lloyd's Rep Plus 42
Arbitration - Jurisdiction - Incorporation of arbitration clause from earlier contracts between the parties - Whether general or specific words needed - Whether incorporation effective - Arbitration Act 1996, section 67.
FR LURSSEN WERFT GMBH & CO KG v HALLE
[2010] Lloyd's Rep Plus 43
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.
SYLVIA SHIPPING CO LTD v PROGRESS BULK CARRIERS LTD (THE "SYLVIA")
[2010] Lloyd's Rep Plus 44
Charterparty (Time) - Damages - Remoteness - Whether charterers entitled to recover lost profit on cancelled subcharter.
CATTLES PLC v WELCOME FINANCIAL SERVICES LTD AND OTHERS
[2010] Lloyd's Rep Plus 45
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.
ROYAL BANK OF SCOTLAND v CHANDRA AND ANOTHER
[2010] Lloyd's Rep Plus 46
Banking - Guarantees granted by husband and wife over matrimonial home to secure loans for property development project - Bank appointing receivers to take over project - Company remaining liable to provide indemnity - Completed building sold at loss - Action to enforce guarantees - Whether bank in breach of duty to guarantors - Whether guarantees procured by undue influence by husband over wife.
ONEGO SHIPPING & CHARTERING BV v JSC ARCADIA SHIPPING (THE "SOCOL 3")
[2010] Lloyd's Rep Plus 47
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).
SK SHIPPING (S) PTE LTD v PETROEXPORT LTD (THE "PRO VICTOR")
[2010] Lloyd's Rep Plus 48
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.
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] Lloyd's Rep Plus 49
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).
THE "ASIA STAR"
[2010] Lloyd's Rep Plus 50
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.
SAFEWAY STORES LTD AND OTHERS v TWIGGER AND OTHERS
[2010] Lloyd's Rep Plus 51
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.
BP EXPLORATION OPERATING CO LTD v DOLPHIN DRILLING LTD (THE "BYFORD DOLPHIN")
[2010] Lloyd's Rep Plus 52
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).
BILTA (UK) LTD v NAZIR AND OTHERS
[2010] Lloyd's Rep Plus 53
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.
WOOD FLOOR SOLUTIONS ANDREAS DOMBERGER GMBH v SILVA TRADE SA
[2010] Lloyd's Rep Plus 54
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).
AFRICA EXPRESS LINE LTD v SOCOFI SA AND ANOTHER
[2010] Lloyd's Rep Plus 55
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.
PAPAS OLIO JSC v GRAINS & FOURRAGES SA AND ANOTHER
[2010] Lloyd's Rep Plus 56
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.
ASTRAZENECA UK LTD v ALBEMARLE INTERNATIONAL CORPORATION AND ANOTHER
[2010] Lloyd's Rep Plus 57
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.
TITAN STEEL WHEELS LTD v ROYAL BANK OF SCOTLAND PLC
[2010] Lloyd's Rep Plus 58
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.
LANTIC SUGAR LTD AND ANOTHER v BAFFIN INVESTMENTS LTD (THE "LAKE MICHIGAN")
[2010] Lloyd's Rep Plus 59
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.
THE OWNERS OF THE SHIP "ARIELA" v THE OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER "KAMAL XXVI" AND THE BARGE "KAMAL XXIV"
[2010] Lloyd's Rep Plus 60
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.
STOLT-NIELSEN SA AND OTHERS v ANIMALFEEDS INTERNATIONAL CORPORATION
[2010] Lloyd's Rep Plus 61
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.
AET INC LTD v ARCADIA PETROLEUM LTD (THE "EAGLE VALENCIA")
[2010] Lloyd's Rep Plus 62
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.
DALWOOD MARINE CO v NORDANA LINE A/S (THE "ELBRUS")
[2010] Lloyd's Rep Plus 63
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.
NORSCOT RIG MANAGEMENT PVT LTD v ESSAR OILFIELDS SERVICES LTD
[2010] Lloyd's Rep Plus 64
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.
HAUGESUND KOMMUNE AND ANOTHER v DEPFA ACS BANK WIKBORG REIN & CO (THIRD PARTY) (NO 2)
[2010] Lloyd's Rep Plus 65
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.
TARKIN AG v THAMES STEEL UK LTD
[2010] Lloyd's Rep Plus 66
Guarantee – Sale of goods contract supported by guarantee – Refusal to deliver the goods – Claimant called upon guarantee to recover pre-payment – Whether seller in repudiatory breach – Whether guarantee discharged by variation of the underlying contract – Other compelling reasons – Summary judgment – CPR Part 24
NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS
[2010] Lloyd's Rep Plus 67
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.
ENVIROCO LTD v FARSTAD SUPPLY A/S (THE "FAR SERVICE")
[2010] Lloyd's Rep Plus 68
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] Lloyd's Rep Plus 69
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.
OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD
[2010] Lloyd's Rep Plus 70
Practice - Evidence - "Without prejudice" privilege - Whether evidence of "without prejudice" communications admissible for purpose of construing written settlement agreement.
INTERCONTAINER INTERFRIGO SC (ICF) v BALKENENDE OOSTHUIZEN BV AND ANOTHER
[2010] Lloyd's Rep Plus 71
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] Lloyd's Rep Plus 72
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.
NML CAPITAL LTD v REPUBLIC OF ARGENTINA
[2010] Lloyd's Rep Plus 73
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] Lloyd's Rep Plus 75
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.
SABMILLER AFRICA AND ANOTHER v EAST AFRICAN BREWERIES
[2010] Lloyd's Rep Plus 76
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] Lloyd's Rep Plus 77
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.
MIDGULF INTERNATIONAL LTD v GROUPE CHIMIQUE TUNISIEN
[2010] Lloyd's Rep Plus 78
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.
KULKARNI v MANOR CREDIT (DAVENHAM) LTD
[2010] Lloyd's Rep Plus 79
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.
BW GAS AS v JAS SHIPPING LTD
[2010] Lloyd's Rep Plus 80
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.
JIVRAJ v HASWANI
[2010] Lloyd's Rep Plus 81
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.
STRONG WISE LTD v ESSO AUSTRALIA RESOURCES PTY LTD (THE "APL SYDNEY")
[2010] Lloyd's Rep Plus 82
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] Lloyd's Rep Plus 83
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.
TANDRIN AVIATION HOLDINGS LTD v AERO TOY STORE LLC AND ANOTHER
[2010] Lloyd's Rep Plus 84
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.
AES UST-KAMENOGORSK HYDROPOWER PLANT LLP v UST-KAMENOGORSK HYDROPOWER PLANT JSC
[2010] Lloyd's Rep Plus 85
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.
FKI ENGINEERING LTD AND ANOTHER v STRIBOG LTD
[2010] Lloyd's Rep Plus 86
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.
CATTLES PLC v WELCOME FINANCIAL SERVICES LTD AND OTHERS
[2010] Lloyd's Rep Plus 87
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.
FORTIS BANK SA/NV AND ANOTHER v INDIAN OVERSEAS BANK
[2010] Lloyd's Rep Plus 88
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] Lloyd's Rep Plus 89
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.
H J HEINZ CO LTD v EFL INC
[2010] Lloyd's Rep Plus 90
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).
GLENCORE ENERGY UK LTD v TRANSWORLD OIL LTD (THE “NARMADA SPIRIT”)
[2010] Lloyd's Rep Plus 91
Sale of goods (fob) – Carrying vessel sailing away without loading cargo – Whether parties subsequently affirmed contract – Whether sellers in repudiatory breach of contract – Whether buyers’ claim time-barred – Damages – Mitigation of loss.
CELESTIAL AVIATION TRADING 71 LTD v PARAMOUNT AIRWAYS PVT LTD
[2010] Lloyd's Rep Plus 92
Lease of aircraft - Lessor terminating lease due to lessee's failure to pay monies due - Claim for delivery up of aircraft - Whether court had equitable jurisdiction to grant relief from forfeiture in relation to an aircraft operating lease - Whether relief should be granted.
OMAK MARITIME LTD v MAMOLA CHALLENGER SHIPPING CO (THE "MAMOLA CHALLENGER")
[2010] Lloyd's Rep Plus 93
Charterparty (Time) - Damages - Charter prematurely repudiated by charterers - Owners claiming damages by reference to wasted expenditure - Owners earning more from substitute fixtures than would have been earned under time charter - Owners sustaining no net loss - Whether owners nevertheless entitled to recover wasted expenditure as reliance loss.
AP MOLLER-MAERSK A/S v SONAEC VILLAS CEN SAD FADOUL AND OTHERS
[2010] Lloyd's Rep Plus 94
Carriage of goods by sea - Jurisdiction - Straight bill of lading containing exclusive English jurisdiction clause - Shipper surrendering bill to carrier in return for new bill naming different consignee - Carrier delivering goods to consignee named in new bill - Whether shipper entitled to agree with carrier to terminate original contract of carriage - Consignee under original bill bringing proceedings against carrier in Benin -Whether jurisdiction clause survived termination of contract of carriage - Whether consignee in breach of exclusive jurisdiction clause - Whether consignee's rights under original bill ceased to exist on surrender of bill - Carrier applying for summary judgment - Whether court had jurisdiction to make declarations sought - Carriage of Goods by Sea Act 1992.
DURHAM TEES VALLEY AIRPORT LTD v BMIBABY LTD AND ANOTHER
[2010] Lloyd's Rep Plus 95
Contract - Construction - Airline company agreeing with airport company to base two aircraft operating exclusively from airport for period of 10 years - Airline company withdrawing aircraft from airport after only three years - Whether contract imposed positive obligations on airline company - Whether contract sufficiently certain to be enforceable - Whether implied term that airline company would operate the aircraft in a reasonable manner - Damages - Basis of assessment.
KAYE v NU SKIN LTD
[2010] Lloyd's Rep Plus 96
Arbitration - Stay of proceedings - Distribution contract governed by English law with arbitration clause specifying Utah - Whether clause brought to attention of claimant - Whether clause unfair - Unfair Contract Terms Act 1977, section 13(2) - Arbitration Act 1996, section 9.
B v A
[2010] Lloyd's Rep Plus 97
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.
CHALBURY MCCOUAT INTERNATIONAL LTD v P G FOILS LTD
[2010] Lloyd's Rep Plus 98
Arbitration - Application for appointment of arbitrator - No designated seat of arbitration - Whether English court had jurisdiction to give permission for service abroad - Whether sufficient connection with England - Arbitration Act 1996, sections 4(2), 15(3) and 18 - CPR Part 62.5(1)(c) - Rome Convention, article 4.
DALLAH REAL ESTATE AND TOURISM HOLDING CO v THE MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN
[2010] Lloyd's Rep Plus 99
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).
GUANGZHOU DOCKYARDS CO LTD v ENE AEGIALI I
[2010] Lloyd's Rep Plus 100
Arbitration - Party autonomy - Appeal on question of fact - Whether parties to arbitration agreement could agree on appeal on questions of fact - Arbitration Act 1996.
ANGARA MARITIME LTD v OCEANCONNECT UK LTD AND ANOTHER (THE "FESCO ANGARA")
[2010] Lloyd's Rep Plus 101
Sale of goods - Bunkers supplied to time-charterers but not paid for - Ownership of bunkers remaining with bunker suppliers - Charterers redelivering vessel prematurely - Whether shipowners liable in conversion - Whether title to bunkers passed to shipowners on redelivery of vessel - Sale of Goods Act 1979, section 25(1) - Bailment - Whether shipowners in breach of duty as bailees.
BUYUK CAMLICA SHIPPING TRADING AND INDUSTRY CO INC v PROGRESS BULK CARRIERS LTD (THE “HILAL I”)
[2010] Lloyd's Rep Plus 102
Charterparty (Time) – Variation – Charterers contending that charterparties orally varied to permit carriage of specific cargoes from specified ports – Owners refusing to lift cargoes – Whether owners in breach of charter – Whether charterers entitled to damages – Whether charterers relied on breach of description warranty in charter – Arbitration – Whether serious irregularity.
OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD AND OTHERS
[2010] Lloyd's Rep Plus 103
Practice - Evidence - "Without prejudice" privilege - Whether evidence of "without prejudice" communications admissible for purpose of construing written settlement agreement.
SEBASTIAN HOLDINGS INC v DEUTSCHE BANK AG
[2010] Lloyd's Rep Plus 104
Conflict of laws – Stay of proceedings – Actions between the parties in both New York and England – Whether English claims governed by exclusive jurisdiction clauses – Whether proceedings could be stayed on the basis of forum non conveniens.