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ARGO SYSTEMS FZE v LIBERTY INSURANCE (PTE) AND ANOTHER (THE "COPA CASINO")
[2012] Lloyd's Rep Plus 1
Insurance (marine) - TOWCON excluding liability for damage to vessel - Policy containing warranty against holding towers harmless - Whether warranty broken - Whether insurers estopped from relying on breach of warranty.
STARLIGHT SHIPPING CO v ALLIANZ MARINE & AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")
[2012] Lloyd's Rep Plus 2
Practice - Compromise - Shipowner bringing proceedings against insurers for indemnity under marine insurance policy - Action settled on terms set out in Tomlin Order - Shipowner subsequently bringing claims against insurers in Greece - Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief - Whether shipowner's claims in Greek proceedings precluded by terms of settlement - Whether jurisdiction clause in settlement agreement to be construed as exclusive jurisdiction clause - Whether insurers entitled to summary enforcement of Tomlin Order - Whether insurer's actions should be stayed - Whether insurers' former solicitors entitled to be joined as parties to original action - Regulation (EC) No 44/2001, article 28, CPR 19.2(2)(b).
M H PROGRESS LINES SA v ORIENT SHIPPING ROTTERDAM BV ORIENT SHIPPING ROTTERDAM BV v NORDANA PROJECT & CHARTERING (THE "GENIUS STAR 1")
[2012] Lloyd's Rep Plus 3
Charterparty (Time) - NYPE form - Charterparty incorporating NYPE Inter-Club Agreement 1996 - Time bar - Charterparty expressly providing that claims to be made within 12 months of final discharge - NYPE Inter-Club Agreement providing that claims barred unless notified in writing within 24 months of delivery of cargo - Whether 12 months or 24 months limit applied to cargo claim.
HYUNDAI MERCHANT MARINE CO LTD v TRAFIGURA BEHEER BV (THE "GAZ ENERGY")
[2012] Lloyd's Rep Plus 4
Charterparty (Time) - Speed and consumption warranty - Whether charterparty contained an all weather warranty or a weather warranty applying only in weather conditions up to a maximum of Force 4 on Beaufort Scale.
PEC LTD v THAI MAPARN TRADING CO LTD
[2012] Lloyd's Rep Plus 5
Sale of goods (fob) - Delivery - Buyers claiming to have given notices of 21-day extension of delivery period - Whether notices valid to extend delivery period - GAFTA 120, clause 7.
FIVE OCEANS SALVAGE LTD v WENZHOU TIMBER GROUP CO (THE "MEDEA K")
[2012] Lloyd's Rep Plus 6
Arbitration - Jurisdiction - Serious irregularity - Salvage arbitrator making salvage award against cargo owners - Cargo owners contending they had not authorised representatives to act for them in the arbitration - Whether arbitrator retained jurisdiction to remedy breach of natural justice - Whether innocent failure by arbitrator to give cargo owners opportunity of putting their case constituted serious irregularity - Arbitration Act 1996, sections 32 and 68.
ED & F MAN SUGAR LTD v BELMONT SHIPPING LTD (THE "AMPLIFY")
[2012] Lloyd's Rep Plus 7
Arbitration - Serious irregularity - Demurrage dispute - Documents-only arbitration - Charterers making concession on commencement of laytime - Arbitrators knowing that charterers could make a more favourable case based on reported decision - Whether arbitrators under a duty to alert charterers to reported decision - Whether failure to do so constituted serious irregularity - Arbitration Act, section 68.
SIDERIDRAULIC SYSTEMS SPA AND ANOTHER v BBC CHARTERING & LOGISTIC GMBH & CO KG (THE "BBC GREENLAND")
[2012] Lloyd's Rep Plus 8
Carriage of goods by sea - Jurisdiction - Loss of cargo carried on deck - Carrier bringing proceedings for declaration of non-liability in American courts on basis that US COGSA applied - Cargo interests seeking anti-suit injunction on basis of London arbitration clause in bill of lading - Whether dispute to be determined by London arbitration or by US courts - Whether Hague-Visby Rules applicable - Whether lost cargo was "deck cargo" - Whether parties agreed on United States jurisdiction - Hague-Visby Rules, article 1(c).
ALLIANCE BANK JSC v AQUANTA CORPORATION AND OTHERS
[2012] Lloyd's Rep Plus 9
Conflict of laws - Forum non conveniens - Law applicable to tort - Private International Law (Miscellaneous Provisions) Act 1995 - Rome II Regulation - Civil Procedure Rules, Practice Direction 6B, para 3.1(6).
GLOBAL 5000 LTD v WADHAWAN
[2012] Lloyd's Rep Plus 10
Jurisdiction - Action by claimant on guarantee of performance under a contract of sale - Whether serious issue to be tried - Whether claim on guarantee related to breach of contract of sale - Civil Procedure Rules, Practice Direction 6B, para 3.1(6).
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE CO (THE "TOISA PISCES")
[2012] Lloyd's Rep Plus 11
Insurance (marine) - Loss of hire policy - Non-disclosure and misrepresentation - Inchmaree Clause - Whether assured failing to act with due diligence - Aggregation - Whether one or three occurrences giving rise to loss.
THE "DOLPHINA"
[2012] Lloyd's Rep Plus 12
Carriage by sea - Title to sue - Shipowners delivering cargo without production of original bill of lading - Bill of lading endorsed to plaintiff bank - Proper law of contract of carriage - Whether incorporation into bill of lading of "all conditions" of charterparty operated to incorporate English law clause - Whether shipowners in breach of contract - Whether endorsement valid - Whether plaintiff lawful holder of bill of lading - Carriage of Goods by Sea Act 1992, sections 2 and 5.
SUL AMERICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep Plus 13
Insurance - Arbitration - Anti-suit injunction - Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction - Mediation and arbitration clauses - Law applicable to arbitration clause - Whether mediation a condition precedent to arbitration - Scope of arbitration clause - Whether arbitration clause prevailed over jurisdiction clause.
WEST TANKERS INC v ALLIANZ SPA AND ANOTHER (THE "FRONT COMOR")
[2012] Lloyd's Rep Plus 14
Arbitration - Enforcement of English award - Whether declaration is a means of enforcement - Effect of declaration on later EU judgment - Arbitration Act 1996, section 66 - Council Regulation (EC) No 44/2001, articles 33 and 34.
STAR REEFERS POOL INC v JFC GROUP LTD
[2012] Lloyd's Rep Plus 15
Practice - Anti-suit injunction - Defendant guaranteeing charterers' obligations - Owners bringing claims against defendant in England - Defendant bringing proceedings in Russia - Whether defendant's conduct unconscionable - Whether anti-suit injunction should be continued.
STOTT v THOMAS COOK TOUR OPERATORS LTD; HOOK v BRITISH AIRWAYS PLC
[2012] Lloyd's Rep Plus 16
International carriage by air - Liability of carriers - Disabled passengers - Injury to feelings - Whether passengers' claims were subject to Montreal Convention - Whether Montreal Convention prevailed over EU legislation - EC Carrier Liability Regulation 2027/97/EC - Montreal Convention 1999, articles 17 and 29 - EC Disability Regulation 1107/2006/EC, articles 10, 12 and 16.
AIR TRANSWORLD LTD v BOMBARDIER INC
[2012] Lloyd's Rep Plus 17
Sale of goods - Aircraft - Whether parties had ousted statutory implied terms - Whether exclusion valid - International Supply Contract - Applicable law - Dealing as a consumer - Sale of Goods Act 1979, sections 13 and 14 - Unfair Contract Terms Act 1977, sections 6, 12, 26, 27 and schedule 2.
PACIFIC BASIN IHX LTD v BULKHANDLING HANDYMAX AS (THE "TRITON LARK")
[2012] Lloyd's Rep Plus 18
Charterparty (Time) - Charterers instructing vessel to carry cargo via Suez and Gulf of Aden - Vessel proceeded via Cape of Good Hope because of risk of piracy - Liability for extra cost of proceeding via Cape - Meaning of "being exposed to [acts of piracy]" - CONWARTIME 1993.
HMV UK v PROPINVEST FRIAR LIMITED PARTNERSHIP
[2012] Lloyd's Rep Plus 19
Arbitration - Application for leave to appeal on question of law - Whether arbitrator's decision obviously wrong - Relevant test - Arbitration Act 1996 section 69(3)(c)(i).
NOMIHOLD SECURITIES INC v MOBILE TELESYSTEMS FINANCE SA
[2012] Lloyd's Rep Plus 20
Practice - Injunction - Anti-arbitration injunction - Claimant obtaining arbitration award in its favour - Defendant bringing subsequent sets of arbitration proceedings - Claimant applying for anti-arbitration injunction on basis that new arbitration proceedings constituted attempts by defendant to re-litigate matters determined in award - Whether defendant entitled to stay of claimant's application - Whether claimant entitled to anti-arbitration injunction - Arbitration Act 1996, section 9 - Senior Courts Act 1981, section 37.
EITZEN BULK A/S v TTMI SARL (THE "BONNIE SMITHWICK")
[2012] Lloyd's Rep Plus 21
Charterparty (Time) - Bunkers on redelivery - Shelltime 4 form - Meaning of words "price actually paid" in clause 15.
MACDONALD v POLLOCK AND ANOTHER (THE "MONACO")
[2012] Lloyd's Rep Plus 22
Sale of ship - Buyer's engineer inspecting vessel prior to conclusion of contract - Defects subsequently becoming apparent on sea voyage - Buyer rejecting vessel - Whether sellers in breach of implied term of satisfactory quality - Whether sale "in course of a business" - Whether sellers entitled to rely on fact that buyer examined vessel before contract was made - Whether buyer's rejection of vessel equivocal - Sale of Goods Act 1979, section 14(2) and 14(2C)(b).
ABUJA INTERNATIONAL HOTELS LTD v MERIDIEN SAS
[2012] Lloyd's Rep Plus 23
Arbitration - Arbitration clause governed by English law - Substantive agreement governed by Nigerian law - Challenge to validity of arbitration clause under Nigerian law - Allegations of serious irregularity - Arbitration Act 1996, sections 67 and 68.
CITY CRUISES PLC v TRANSPORT FOR LONDON
[2012] Lloyd's Rep Plus 24
Collision action - Passenger catamaran colliding with Westminster Bridge in River Thames - Whether owner of bridge liable in negligence.
NAVIOS INTERNATIONAL INC v SANGAMON TRANSPORTATION GROUP (THE "DIMITRIS L")
[2012] Lloyd's Rep Plus 25
Arbitration - Award - Reasons - Differently constituted tribunals coming to inconsistent conclusions on construction of clause relating to liability for US Gross Transportation Tax in a chain of time charters - Whether tribunals should be ordered to make further findings as to factual matrix - Arbitration Act 1996 section 70(4).
PROGRESS BULK CARRIERS LTD v TUBE CITY IMS LLC (THE "CENK K")
[2012] Lloyd's Rep Plus 26
Charterparty (Voyage) - Duress - Owners repudiating charterparty by chartering named vessel to different party - Charterers entering into settlement agreement with owners under protest to accept substitute vessel with different laycan and to waive all claims for loss and damage - Whether settlement agreement voidable for economic duress - Whether owners' conduct amounted to illegitimate pressure.
GOLDEN OCEAN GROUP LTD v SALGAOCAR MINING INDUSTRIES PVT LTD AND ANOTHER
[2012] Lloyd's Rep Plus 27
Charterparty (Time) - Guarantee - Brokers negotiating charter by email - Negotiations proceeding on basis that charterers would be "fully guaranteed" by first defendant - No single document identifiable as contract of guarantee - No signed charterparty drawn up - Whether final email in sequence "signed" by broker on behalf of first defendant - Whether contract of guarantee enforceable - Statute of Frauds 1677, section 4.
POLESTAR MARITIME LTD v YHM SHIPPING CO LTD AND ANOTHER (THE "REWA")
[2012] Lloyd's Rep Plus 28
Sale of ship - Norwegian Saleform - Documents to be provided on delivery - Whether sellers obliged to provide International Sewage Pollution Prevention Certificate - Whether vessel free of "detentions" at date of delivery - Meaning of "to make arrangements for" agreed documentation - Whether buyers entitled to cancel MOA.
TRANSPETROL MARITIME SERVICES LTD v SJB (MARINE ENERGY) BV (THE "ROWAN")
[2012] Lloyd's Rep Plus 29
Charterparty (Voyage) - Tanker voyage charter - Vessel chartered to carry fuel oil from Black Sea to US Gulf - Owners warranting vessel "approved" by five specified oil majors which did include Shell - Construction of warranty - Whether clause 18 of Vitol Voyage Chartering Terms replaced - Whether owners in breach of warranty following imposition of Class condition and Shell SIRE inspection carried out at intermediate port of Antwerp.
GREAT EASTERN SHIPPING CO LTD v FAR EAST CHARTERING LTD AND ANOTHER (THE "JAG RAVI")
[2012] Lloyd's Rep Plus 30
Contract - Letter of indemnity provided by cargo receivers against delivery of cargo without production of bills of lading - LOI addressed to "The Owners/Disponent Owners/Charterers" - Whether LOI addressed to voyage charterers - Whether shipowners entitled to make derivative claim against receivers - Whether owners delivered the cargo - Whether receivers entitled to rely on defence of public policy - Contracts (Rights of Third Parties) Act 1999.
OSMIUM SHIPPING CORPORATION v CARGILL INTERNATIONAL SA (THE "CAPTAIN STEFANOS")
[2012] Lloyd's Rep Plus 31
Charterparty (Time) - Off-hire - Vessel hijacked by Somali pirates - Whether "capture/seizure" of vessel had to be carried out "by any authority" to constitute off-hire event.
BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND OTHERS
[2012] Lloyd's Rep Plus 32
Carriage of goods by road - CMR - Jurisdiction - Goods lost in transit on continent - Goods owners bringing proceedings in England against successive carriers - Successive carriers not parties to primary contract of carriage and not having any business connection with England - Whether court had jurisdiction - CMR article 31 - Council Regulation (EC) No 44/2001, article 6.1.
ENERCON GMBH AND ANOTHER v ENERCON (INDIA) LTD
[2012] Lloyd's Rep Plus 33
Arbitration - Application for appointment of third arbitrator - Jurisdiction of English court - Effect of foreign proceedings - Whether seat of arbitration in England - Whether freezing injunction should be granted - Arbitration Act 1996, sections 2, 18, 32 and 44 - Senior Courts Act 1981, section 37 - CPR 62.5.
CLOTHING MANAGEMENT TECHNOLOGY LTD v BEAZLEY SOLUTIONS LTD
[2012] Lloyd's Rep Plus 34
Insurance (marine) - Cargo - Clothing retained by unpaid workers and payment demanded - Constructive total loss - Whether notice of abandonment required - Whether assured in breach of claims condition - Effect of exclusions for loss caused by strikes and seizure - Whether assured failed to sue and labour - Material change in risk - Whether policy valued or unvalued - Marine Insurance Act 1906, sections 16, 27, 60, 62 and 78.
FERREXPO AG v GILSON INVESTMENTS LTD AND OTHERS
[2012] Lloyd's Rep Plus 35
Jurisdiction - Defendants domiciled in England - Proceedings brought by defendants in Ukraine and then proceedings brought by claimant in England - English court having jurisdiction over defendants by virtue of domicile - Whether English court permitted to stay proceedings - Effect of Owusu v Jackson - Brussels Regulation, Council Regulation (EC) No 44/2001, articles 2, 22, 27 and 28 - Reflexive operation of Regulation to non-EU courts - Stay on case management grounds - CPR 3.1(2)(f).
METALL MARKET OOO v VITORIO SHIPPING CO LTD (THE "LEHMANN TIMBER")
[2012] Lloyd's Rep Plus 36
General average - Lien - Owners exercising lien over cargo for general average contribution - Owners accepting insurers' guarantee in respect of one portion of cargo - Cargo receivers refusing to provide general average bond - Whether owners' acceptance of insurers' guarantee discharged lien - Whether owners entitled to recover costs of storing liened cargo.
MICHAEL v MUSGRAVE (TRADING AS YNYS RIBS) (THE "SEA EAGLE")
[2012] Lloyd's Rep Plus 37
Carriage of passengers by sea - Time bar - Claimant sustaining personal injury whilst being carried as a passenger on rigid inflatable boat in Menai Strait - Whether RIB was a "ship" - Whether RIB was "seagoing" - Whether claim subject to two-year limitation period - Athens Convention 1974, article 16.
ATLAS NAVIOS-NAVEGACAO LDA v NAVIGATORS INSURANCE CO LTD (THE "B ATLANTIC")
[2012] Lloyd's Rep Plus 38
Insurance (marine) - Institute War and Strikes Clauses - Seizure of vessel following discovery of drugs - Whether insurers protected by exclusion for "infringement of any customs or trading regulations".
WEST TANKERS INC v ALLIANZ SPA AND ANOTHER (THE “FRONT COMOR”)
[2012] Lloyd's Rep Plus 39
Arbitration – Jurisdiction – European law – Insurers of charterers bringing proceedings in Italy against shipowners in breach of London arbitration clause – Whether London arbitration tribunal having jurisdiction to hear claim by owners for equitable damages for breach of obligation to arbitrate – Council Regulation (EC) No 44/2001, article 1(2)(d).
LOMBARD NORTH CENTRAL PLC AND ANOTHER v GATX CORPORATION
[2012] Lloyd's Rep Plus 40
Arbitration - Stay of proceedings - Dispute as to scope of arbitration clause - Whether defendant entitled to a stay - Whether arbitration agreement inoperative - Inherent jurisdiction - Arbitration Act 1996, section 9.
ISABELLA SHIPOWNER SA v SHAGANG SHIPPING CO LTD (THE "AQUAFAITH")
[2012] Lloyd's Rep Plus 41
Charterparty (Time) - Repudiation of charter by premature redelivery - Whether owners entitled to affirm charter and claim hire for balance of minimum period - Whether owners had no legitimate interest in insisting charter remained alive - Whether owners confined to claiming damages.
JOINT STOCK ASSET MANAGEMENT COMPANY INGOSSTRAKH-INVESTMENTS v BNP PARIBAS SA
[2012] Lloyd's Rep Plus 42
Arbitration - Anti-suit injunction - Alleged collusion by third party in breach of arbitration clause - Whether court had jurisdiction to give permission for service outside the jurisdiction on third party - Whether serious issue to be tried - Delay - Issue estoppel - Comity - Discretion - CPR Practice Direction 6B, para 3.1(3).
SUL AMERICA CIA NACIONAL DE SEGUROS SA AND OTHERS v ENESA ENGENHARIA SA AND OTHERS
[2012] Lloyd's Rep Plus 43
Insurance - Arbitration - Anti-suit injunction - Policy governed by law of Brazil and subject to exclusive Brazilian jurisdiction - Mediation and arbitration clauses - Law applicable to arbitration clause - Whether mediation a condition precedent to arbitration - Scope of arbitration clause - Whether arbitration clause prevailed over jurisdiction clause.
LAWLOR v SANDVIK MINING AND CONSTRUCTION MOBILE CRUSHERS AND SCREENS LTD
[2012] Lloyd's Rep Plus 44
Agency - Termination - Right to compensation under Commercial Agents Directive, Council Directive 86/653/EEC - Whether assessment of compensation to be made under English or Spanish law - Convention on the Law Applicable to Contractual Obligations 1980 (Rome Convention), articles 3 and 4.
ROTENBERG v SUCAFINA SA
[2012] Lloyd's Rep Plus 45
Arbitration - Interim award - Whether interim award final and binding or merely provisional - Arbitration Act 1996, sections 39, 47, 58, 59 and 79 - Effect of failure to take up award on costs.
IBRAHIM v BARCLAYS BANK PLC AND ANOTHER
[2012] Lloyd's Rep Plus 46
Subrogation - Whether payment made under letter of credit discharged debt due by debtor to creditor - Whether person providing indemnity to issuer of letter of credit was subrogated to creditor's claim - Whether effective assignment of rights.
CHIMBUSCO PAN NATION PETRO-CHEMICAL CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DECURION"
[2012] Lloyd's Rep Plus 47
Admiralty jurisdiction - Arrest - Plaintiff arresting ship to recover price of bunkers supplied to arrested ship and to 10 other vessels - Whether plaintiff had in rem claim against arrested ship for bunkers supplied to the 10 other vessels - Whether defendants were "in control" of the 10 other vessels when cause of action arose - High Court Ordinance, section 12B(4).
WESTERN BULK SHIPOWNING III A/S v CARBOFER MARITIME TRADING APS AND OTHERS (THE "WESTERN MOSCOW")
[2012] Lloyd's Rep Plus 48
Practice - Freezing injunction - Owners having lien on all hire and sub-hire for any amounts due under time charter - Whether owners entitled to lien over sums due to sub-charterers from sub-sub-charterers - Nature of lien - Whether court had jurisdiction where seat of arbitration outside England - Whether risk of dissipation of assets - Whether injunction should be discharged - Amended NYPE form clause 18 - Arbitration Act 1996, section 44.
SHAKER v VISTAJET GROUP HOLDING SA
[2012] Lloyd's Rep Plus 49
Aircraft - Letter of intent - Return of deposit - Good faith and use of reasonable endeavours - Contractual estoppels.
EUROPEAN GROUP LTD AND OTHERS v CHARTIS INSURANCE UK LTD
[2012] Lloyd's Rep Plus 50
Insurance (marine) - Cargo damaged - Whether damage occurred before or after delivery - Doctrine of proximate cause - Proof of cause - Whether loss the result of inherent vice.
FINMOON LTD AND ANOTHER v BALTIC REEFERS MANAGEMENT LTD AND OTHERS
[2012] Lloyd's Rep Plus 52
Charterparty - Contract of affreightment - Whether concluded by conduct.
NESTOR MARITIME SA v SEA ANCHOR SHIPPING CO LTD
[2012] Lloyd's Rep Plus 53
Arbitration - Serious irregularity - Claimants contending that award was obtained by fraud - Application made more than six months out of time - Application to extend time - Whether alleged fraud could have been discovered with reasonable diligence - Whether extension of time should be granted - Arbitration Act 1996, sections 68, 73 and 80(5).
ENE KOS 1 LTD V PETROLEO BRASILEIRO SA (THE "KOS")
[2012] Lloyd's Rep Plus 54
Charterparty (Time) - Withdrawal of vessel for non-payment of hire - Whether owners entitled to remuneration and expenses in connection with discharge of cargo following withdrawal - Whether owners entitled to recover under employment and indemnity clause - Whether owners entitled to recover as bailees - Shelltime 3 form, clause 13.
LATVIAN SHIPPING CO v RUSSIAN PEOPLEâS INSURANCE COMPANY (ROSNO) OPEN ENDED JOINT STOCK COMPANY (THE "OJARS VACIETIS")
[2012] Lloyd's Rep Plus 55
Arbitration - Propeller damaged - Whether loss caused by insured grounding or uninsured contact with ice - Serious irregularity - Error of law - Arbitration Act 1996, sections 61(2), 68 and 69 - Revocation of grant of permission to appeal - CPR 3.1(7).
JOINT STOCK COMPANY "AEROFLOT RUSSIAN AIRLINES" v BEREZOVSKY AND OTHERS [2012] EWHC 1610 (Ch)
[2012] Lloyd's Rep Plus 56
Conflict of laws - Arbitration - Joinder of defendants - Whether arbitration clause valid - Whether arbitration clause unenforceable â Whether other defendants should be joined - Arbitration Act 1996, sections 9(1) and 9(4) - Brussels Regulation (EC) No 44/2001, articles 6 and 23 - CPR 62.8(3) - CPR Practice Direction 6B, para 3.1(3).
YUKOS CAPITAL SARL v OJSC ROSNEFT OIL CO
[2012] Lloyd's Rep Plus 57
Arbitration - Recognition and enforcement of award - Award annulled by Russian courts - Amsterdam courts refusing to recognition annulment - Whether award to be recognised and enforced in England - Issue estoppel - Act of State - Non-justiciability.
BP OIL INTERNATIONAL LTD v TARGET SHIPPING LTD (THE "TARGET")
[2012] Lloyd's Rep Plus 58
Charterparty (Voyage) - Freight - Tanker voyage charter - Whether overage freight payable on transatlantic voyage - Whether charterers entitled to divert vessel to load cargo at intermediate port - Whether charterers overpaid freight - Whether charterers entitled to recover overpayment as mistake of law.
BABCOCK FITZROY LTD v THE SHIP "M/V SOUTHERN PASIFIKA"
[2012] Lloyd's Rep Plus 59
Admiralty practice - Priorities - Shiprepairer with possessory lien bringing action in rem - Vessel sold by Registrar pursuant to Admiralty process - Whether lien attached to proceeds of sale - Whether shiprepairer or mortgagee had priority over proceeds of sale.
VTB CAPITAL PLC v NUTRITEK INTERNATIONAL CORPORATION AND OTHERS
[2012] Lloyd's Rep Plus 60
Company law - Piercing corporate veil - Whether puppeteer to be regarded as party to puppet company's contract.
CARBOEX SA v LOUIS DREYFUS COMMODITIES SUISSE SA
[2012] Lloyd's Rep Plus 61
Demurrage - Strike - Berth charter - Exception clause providing that time not to count if discharge delayed by strikes - Vessel delayed in getting into berth due to congestion caused by effects of strike - Strike ending before vessel berthed and not directly affecting discharge - Whether delay counted as laytime.
FISH & FISH LTD v SEA SHEPHERD UK AND OTHERS (THE "STEVE IRWIN")
[2012] Lloyd's Rep Plus 62
Tort - Marine conservation charities alleged to have used vessel to "attack" claimant's bluefin tuna cages in Mediterranean Sea pursuant to Operation Blue Rage - Claimant suing US charity, UK charity and master of "attacking" vessel - Whether UK charity legally responsible for conduct of attack - Whether attack carried out pursuant to common design between all three defendants.
TAOKAS NAVIGATION SA v KOMROWSKI BULK SHIPPING KG (GMBH & CO) (THE "PAIWAN WISDOM")
[2012] Lloyd's Rep Plus 63
Charterparty (Time) - CONWARTIME 2004 - Owners refusing to proceed on voyage to Mombasa because of concerns about piracy - Whether refusal justified.
GLOBAL MARITIME INVESTMENTS LTD v STX PAN OCEAN CO LTD GLOBAL MARITIME INVESTMENTS LTD v NAVIOS INTERNATIONAL INC NAVIOS INTERNATIONAL INC v SANGAMON TRANSPORTATION GROUP (THE "DIMITRIS L") (NO 2)
[2012] Lloyd's Rep Plus 64
Charterparty (Time) - US Gross Transportation Tax - Chain of time charters - Charters containing BIMCO recommended clause dealing with liability for USGTT - Construction of clause - Whether disponent owners in chain entitled to reimbursement from charterers in respect of contractual liability to reimburse superior owners.
ANTONIO GRAMSCI SHIPPING CORPORATION AND OTHERS v RECOLETOS LTD AND OTHERS
[2012] Lloyd's Rep Plus 65
Jurisdiction - Allegation that defendant was party to jurisdiction clause - Lifting the veil - Whether defendant had agreed to confer jurisdiction on the English courts - Whether the defendant had submitted to the jurisdiction of the English courts - European Council Regulation (EC) No 44/2001 (Brussels Regulation), articles 23 and 24.
ITOCHU CORPORATION v JOHANN M K BLUMENTHAL GMBH & CO KG AND ANOTHER
[2012] Lloyd's Rep Plus 66
Arbitration - No agreement as to number of arbitrators - Appointment of sole arbitrator by High Court - Permission to appeal refused by judge - Whether Court of Appeal could grant permission to appeal - Whether judge correct in appointing sole arbitrator - Arbitration Act 1996, sections 15(3), 18(3) and 18(5).
MRI TRADING AG v ERDENET MINING CORPORATION LLC
[2012] Lloyd's Rep Plus 67
Arbitration - Appeal on point of law - Sale of goods - Whether contract of sale to be read alone or construed in conjunction with earlier settlement agreement - Whether contract of sale binding - Whether award should be remitted to the arbitrators - Arbitration Act 1996, section 69.
EBOOKERS.COM DEUTSCHLAND GMBH v BUNDESVERBAND DER VERBRAUCHERZENTRALEN UND VERBRAUCHERVERBANDE-VERBRAUCHERZENTRALE BUNDERSVERBAND EV
[2012] Lloyd's Rep Plus 68
Transport - Air transport - Common rules for the operation of air services in the European Union - Regulation (EC) No 1008/2008 - Obligation on the person selling air travel to ensure that the customer's acceptance of optional price supplements is on an opt-in basis - Concept of "optional price supplements" - Price of flight cancellation insurance provided by an independent insurance company and forming part of the overall price.
LA GENERALE DES CARRIERES ET DES MINES SARL v HEMISPHERE ASSOCIATES LLC (JERSEY)
[2012] Lloyd's Rep Plus 69
State immunity - Enforcement of arbitration awards - Whether state-owned company was an organ of the state - State Immunity Act 1978, sections 3 and 14.
GREAT ELEPHANT CORPORATION v TRAFIGURA BEHEER BV (THE "CRUDESKY")
[2012] Lloyd's Rep Plus 70
Charterparty (Voyage) - Delay - Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil - Whether charterers liable to pay demurrage - Whether payable at full or half rate - Whether owners entitled to recover additional war risk premium - Whether owners entitled to costs of producing fresh water and consumption of bunkers during period of delay.
BULK SHIP UNION SA v CLIPPER BULK SHIPPING LTD (THE "PEARL C")
[2012] Lloyd's Rep Plus 71
Charterparty (Time) - Whether owners failed to prosecute voyages with utmost dispatch - Whether charterers entitled to deduct time lost due to slow steaming under off-hire clause - Amended New York Produce Exchange Form, clauses 8 and 15.
LOMAS AND OTHERS v JFB FIRTH RIXSON INC AND OTHERS INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION INC (INTERVENING) LEHMAN BROTHERS SPECIAL FINANCING INC v CARLTON COMMUNICATIONS LTD INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION INC (INTERVENING) PIONEER FREIGHT FUTURES CO LTD (IN LIQUIDATION) v COSCO BULK CARRIER CO LTD BULK TRADING SA v BRITANNIA BULK PLC (IN LIQUIDATION)
[2012] Lloyd's Rep Plus 72
Contract - Derivative agreements - Interest rate swaps and forward freight agreements - ISDA Master Agreement, sections 2 and 6.
F G WILSON (ENGINEERING) LTD v JOHN HOLT & CO (LIVERPOOL) LTD
[2012] Lloyd's Rep Plus 73
Sale of goods - Action for the price - Passing of property - Retention of title clause - No set-off clause - Whether clause incorporated, applicable and valid - Sale of Goods Act 1979, section 49 - Unfair Contract Terms Act 1977, sections 3(2) and 11.
VTC v PVS
[2012] Lloyd's Rep Plus 74
Charterparty (Time) - Warranty by owners that vessel would arrive at load port with "all cargo tanks ... suitable to load the intended cargo" - Vessel found to have crack in slop tank - Whether owners in breach of charter.
SERVAAS INC v RAFIDAIN BANK
[2012] Lloyd's Rep Plus 75
State immunity - Execution of judgment - Meaning of "property which is for the time being in use or intended for use for commercial purposes" - State Immunity Act 1978, sections 3(3), 13(2)(b), 13(4), 13(5) and 17.
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA
[2012] Lloyd's Rep Plus 76
Guarantee - Contract for construction and sale of ship - Buyer's bank providing payment guarantee to seller in respect of second instalment of purchase price - Whether guarantee or demand bond.
DRY BULK HANDY HOLDING INC AND ANOTHER v FAYETTE INTERNATIONAL HOLDINGS LTD AND ANOTHER (THE "BULK CHILE")
[2012] Lloyd's Rep Plus 77
Charterparty (Time) - Vessel withdrawn from chartered service for failure to pay hire - Whether owners entitled to intercept freight payable by shipper - Whether owners entitled to lien on sub-hire as well as sub-freights - Whether lien effectively exercised - Whether owners entitled to post-withdrawal claims for hire against sub-sub-charterer or sub-sub-sub-charterer on basis of agreement, quantum meruit or unjust enrichment - New York Produce Exchange 1946 form.
AIR STUDIOS (LYNDHURST) LTD (T/A AIR ENTERTAINMENT GROUP) v LOMBARD NORTH CENTRAL PLC
[2012] Lloyd's Rep Plus 78
Sale of goods - Formation of contract - Offer and acceptance - Measure of damages - Available market - Sale of Goods Act 1979, section 51.
TERNA BAHRAIN HOLDING COMPANY WLL v AL SHAMSI AND OTHERS
[2012] Lloyd's Rep Plus 79
Arbitration - Extension of time for appeal - Serious irregularity - Jurisdiction - Waiver of rights - Arbitration Act 1996, sections 33, 68, 69, 70, 73 and 80.
DGM COMMODITIES CORPORATION v SEA METROPOLITAN SA (THE "ANDRA")
[2012] Lloyd's Rep Plus 80
Charterparty (Voyage) - Frustration - Owners claiming demurrage in respect of delay - Port authorities issuing order preventing discharge of cargo - Whether charterparty frustrated - Whether frustration self-induced - Whether charterers vicariously liable for conduct of receivers - Gencon form, clause 5.
JEWEL OWNER LTD AND ANOTHER v SAGAAN DEVELOPMENTS TRADING LTD (THE "MD GEMINI")
[2012] Lloyd's Rep Plus 81
Practice - Anti-suit injunction - Bunker supplier commencing proceedings against shipowners in Florida and in the Marshall Islands for price of bunkers supplied to time-charterers - Shipowners obtaining ex parte anti-suit injunction - Whether bunker supply contract contained exclusive English jurisdiction clause - Whether foreign proceedings vexatious or oppressive on forum non conveniens grounds - Whether injunction should be continued.
RUBIN AND ANOTHER v EUROFINANCE SA AND OTHERS NEW CAP REINSURANCE CORPORATION AND ANOTHER v GRANT AND OTHERS
[2012] Lloyd's Rep Plus 82
Recognition and enforcement of judgments - Foreign judgment in avoidance proceedings - Power of English court to recognise and enforce judgment - Test of foreign court's jurisdiction - Foreign Judgments (Reciprocal Enforcement) Act 1933 - Insolvency Act 1986, section 426 - Cross-Border Insolvency Regulations 2006 - CPR Parts 70 and 73.
PETROCHEMICAL INDUSTRIES CO (KSC) v DOW CHEMICAL CO
[2012] Lloyd's Rep Plus 83
Arbitration - Serious irregularity - Remoteness of damage in contract - Whether arbitrators had failed to consider the issue of assumption of responsibility - Whether arbitrators had acted unfairly - Arbitration Act 1996, sections 33, 68(2)(a) and 68(2)(d).
PARKINGEYE LTD v SOMERFIELD STORES LTD
[2012] Lloyd's Rep Plus 84
Contract - Illegality in performance - Whether illegality precluded recovery for breach of contract - Proportionality.
ED & F MAN SUGAR LTD v UNICARGO TRANSPORTGESELLSCHAFT MBH (THE "LADYTRAMP")
[2012] Lloyd's Rep Plus 85
Charterparty (Voyage) - Demurrage - Delay - Loading of cargo delayed following fire destroying conveyor belt system at loading terminal - Whether charterers' ability to nominate alternative safe berth precluded them from relying on force majeure clause - Whether delay caused by "mechanical breakdown" or "government interference - Whether charterers entitled to rely on force majeure clause - Sugar Charter Party 1999 form, clause 28.
NELSON v DEUTSCHE LUFTHANSA AG R (TUI TRAVEL PLC AND OTHERS) v CIVIL AVIATION AUTHORITY
[2012] Lloyd's Rep Plus 86
Carriage by air (passengers) - Delay - European Parliament and Council Regulation (EC) No 261/2004 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 - Whether compensation payable in respect of delay - Whether compensation provisions incompatible with article 29 of Montreal Convention - Whether principles of legal certainty and proportionality infringed.
BARNES v THE CHARTERERS OF THE MOTOR VESSEL "SNOW BUNTING" (THE "SNOW BUNTING")
[2012] Lloyd's Rep Plus 87
Collision action - Narrowboat colliding with scull on non-tidal part of River Thames - Application of "narrow channel" rule - Whether narrowboat wholly to blame - Whether causative fault on part of scull in failing to keep proper lookout before turning across river immediately before collision - Thames Navigation Licensing and General Byelaws 1993, Byelaw 31(a) - Collision Regulations 1976, Rule 9.
ANTARIKSA LOGISTICS PTE LTD AND OTHERS v MCTRANS CARGO (S) PTE LTD
[2012] Lloyd's Rep Plus 88
Tort - Conversion - Bailment - Goods detained by defendant at discharge port - Plaintiffs suing defendant in conversion - Whether plaintiffs had title to sue - Whether defendant innocent agent acting in good faith - Whether defendant entitled to exercise possessory lien - Whether plaintiffs' claims tainted with illegality - Whether plaintiffs entitled to order for delivery up.
PEC LTD v ASIA GOLDEN RICE CO LTD
[2012] Lloyd's Rep Plus 89
Arbitration - GAFTA Rules - Jurisdiction of the arbitrators - Date on which time for appeal began to run - Extension of time - Arbitration Act 1996, sections 67, 70(2), 70(3) and 80(5).
CROCS EUROPE BV v ANDERSON AND ANOTHER, TRADING AS SPECTRUM AGENCIES (A PARTNERSHIP)
[2012] Lloyd's Rep Plus 90
Agency - Breach of contract by agent - Whether breach repudiatory - Effect of Commercial Agents (Council Directive) Regulations 1993, Regulations 3 and 5 - Breach of fiduciary duty.
INTERNATIONAL RESEARCH CORPORATION PLC v LUFTHANSA SYSTEMS ASIA PACIFIC PTE LTD AND ANOTHER
[2012] Lloyd's Rep Plus 91
Arbitration - Cooperation Agreement containing tiered dispute resolution clause - Supplemental Agreements involving third party - Disputes arising under Supplemental Agreements - Whether agreements to be construed as composite - Whether arbitration clause incorporated into Supplemental Agreements - Whether mediation provisions a condition precedent to arbitration - Whether mediation provisions had been followed.
WAH AND ANOTHER v GRANT THORNTON INTERNATIONAL LTD AND OTHERS
[2012] Lloyd's Rep Plus 92
Arbitration - Jurisdiction - Tiered dispute resolution clause - Whether reference to mediation a condition precedent to the commencement of arbitration - Arbitration Act 1996, section 67.
MINERVA NAVIGATION INC v OCEANA SHIPPING AG (THE "ATHENA")
[2012] Lloyd's Rep Plus 93
Charterparty (Time) - Off-hire - Whether vessel off-hire during period of drifting - Whether sufficient for charterers to establish net loss of time as regards service immediately required or whether necessary to establish that time was lost to the chartered service - New York Produce Exchange 1946 form, clause 15.
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE COMPANY (THE "TOISA PISCES")
[2012] Lloyd's Rep Plus 94
Insurance (marine) - Loss of hire policy - Causation - Aggregation - Whether one or three occurrences giving rise to loss.