- Home/Publications/Lloyd's Law Reports Plus
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN AND ANOTHER (THE "PRESTIGE") (NO 2)
[2014] Lloyd's Rep Plus 1
Arbitration - Award - Enforcement - P&I Club seeking to enforce negative declaratory arbitration awards against Spain and France in relation to claims brought in Spain and France following loss of oil tanker Prestige - Whether arbitration tribunal had substantive jurisdiction - Whether defendants entitled to rely on state immunity - Whether awards should be enforced - Arbitration Act 1996 sections 66, 67 and 72 - State Immunity Act 1978, section 9(1).
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA
[2014] Lloyd's Rep Plus 2
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.
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA (NO 2)
[2014] Lloyd's Rep Plus 3
Guarantee - Bank paying shipbuilder pursuant to on-demand guarantee in respect of second instalment of purchase price - Arbitrators finding that instalment was not in fact due - Whether payment held by shipbuilder on trust for bank.
DIAG HUMAN SE v CZECH REPUBLIC
[2014] Lloyd's Rep Plus 4
Arbitration - New York Convention - Enforcement of award - Whether order for security for costs could be made against award creditor - Arbitration Act 1996, sections 66, 101 and 102 - CPR Part 25.12 - New York Convention 1958, article III.
JSC BTA BANK v ABLYAZOV
[2014] Lloyd's Rep Plus 5
Freezing order - Defendant had right to draw down on a loan facility - Whether right of draw down an asset for the purposes of a freezing order - Disclosure.
CATERPILLAR (NI) LTD v JOHN HOLT & CO (LIVERPOOL) LTD
[2014] Lloyd's Rep Plus 6
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.
UNITED ANTWERP MARITIME AGENCIES (UNAMAR) NV v NAVIGATION MARITIME BULGARE
[2014] Lloyd's Rep Plus 7
Commercial agency - Choice of law - Whether court could disregard choice of another law - Rome Convention on Applicable Law 1980, article 7(2) - Mandatory law - Commercial Agents Directive, Council Directive 86/653/EEC.
E D & F MAN SUGAR LTD v UNICARGO TRANSPORTGESELLSCHAFT MBH (THE "LADYTRAMP")
[2014] Lloyd's Rep Plus 8
Charterparty (Voyage) - Demurrage - Delay - Loading of cargo delayed following fire destroying conveyor-belt system at loading terminal - Whether delay caused by "mechanical breakdown" - Whether charterers entitled to rely on force majeure clause - Sugar Charter Party 1999 form, clause 28.
IN THE MATTER OF THE ALEXANDROS T IN THE MATTER OF THE ALEXANDROS T (NO 2) IN THE MATTER OF THE ALEXANDROS T (NO 3)
[2014] Lloyd's Rep Plus 9
Insurance (marine) - Conflict of laws - Settlement contract governed by English law and jurisdiction - Later proceedings in Greece - Whether English proceedings to be stayed - Brussels Judgments Regulation, Council Regulation (EC) No 44/2001, articles 27 and 28.
BARNWELL ENTERPRISES LTD v ECP AFRICA FII INVESTMENTS LLC
[2014] Lloyd's Rep Plus 10
Arbitration - Application for interim relief - Relief refused by arbitrators - Application made to court - Basis of refusal of relief by arbitrators - Whether interim relief should be granted until arbitrators clarified their reasons for refusing relief - Arbitration Act 1996, section 44.
MAN ENTERPRISE SAL v AL-WADDAN HOTEL LTD
[2014] Lloyd's Rep Plus 11
Arbitration - Appointment of arbitrator - FIDIC Conditions 1987 - Test for appointment - Arbitration Act 1996, sections 15, 16 and 18.
VENETICO MARINE SA v INTERNATIONAL GENERAL INSURANCE CO LTD AND OTHERS (THE “IRENE EM”)
[2014] Lloyd's Rep Plus 12
Insurance (marine) – Institute Hull Clauses (Time) 1995 – Grounding – Perils of the seas – Negligence of master or crew – Actual total loss – Constructive total loss – Marine Insurance Act 1906, sections 55, 57 and 60, and schedule, para 7.
BUNGE SA v NIDERA BV
[2014] Lloyd's Rep Plus 13
Sale of goods (fob) - Contract for sale of milling wheat fob Novorossiysk - Russian government issuing export ban - Whether sellers entitled to cancel contract - Whether cancellation constituted wrongful repudiation of contract - GAFTA Prohibition Clause - Whether sellers entitled to nominal damages only - GAFTA Default Clause - GAFTA 49.
BUNGE SA v NIBULON TRADING BV
[2014] Lloyd's Rep Plus 14
Arbitration - GAFTA Rules 2006 - Time bar - Discretion of arbitrators to extend time - Construction of award - Appeal on point of law - Arbitration Act 1996, section 69.
GRIFFON SHIPPING LLC v FIRODI SHIPPING LTD (THE "GRIFFON")
[2014] Lloyd's Rep Plus 15
Sale of ship - Deposit - Sale agreement providing for payment of 10 per cent deposit by buyers - Buyers failing to pay deposit - Sellers terminating contract for accepted repudiation and/or pursuant to contractual cancellation clause - Whether sellers entitled to recover unpaid deposit or restricted to recovering compensation in lesser amount - Norwegian Saleform 1993, clause 13.
DOOSAN BABCOCK LTD (FORMERLY DOOSAN BABCOCK ENERGY LTD) v COMERCIALIZADORA DE EQUIPOS Y MATERIALES MABE LIMITADA (PREVIOUSLY KNOWN AS MABE CHILE LIMITADA)
[2014] Lloyd's Rep Plus 16
Practice - Injunction - Construction contract containing arbitration clause - Whether contractor entitled to interim injunction restraining employer from making demands under performance guarantees - Arbitration Act 1996, section 44(3).
BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND OTHERS
[2014] Lloyd's Rep Plus 17
Carriage of goods by road - CMR - Jurisdiction â Goods lost in transit on continent - Goods owners bringing proceedings in England against primary carrier and successive carriers in same action - Successive carriers not parties to primary contract of carriage and not having any business connection with England - Whether court had jurisdiction over successive carriers - CMR articles 31.1 and 36.
TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ
[2014] Lloyd's Rep Plus 18
State immunity - Execution of judgment - Whether debt due under letters of credit capable of being attached by Third Party Debt Order - Whether receivership order available - CPR Part 72.2 - State Immunity Act, sections 13(2)(b), 14(2) and 14(4).
SVITZER SALVAGE BV v Z ENERGY LTD AND ANOTHER
[2014] Lloyd's Rep Plus 19
Practice – Summary judgment – Plaintiff salvor concluding short-term charter with owners of bunker tanker to remove fuel oil from grounded vessel – Bunker tanker already on long-term charter – Plaintiff seeking to set aside short-term charter for duress alternatively on equitable grounds or pursuant to section 7 of 1989 Salvage Convention – Defendants applying for summary judgment or strike-out – Whether summary judgment or strike-out should be granted.
BAT INDUSTRIES PLC v WINDWARD PROSPECTS LTD AND ANOTHER
[2014] Lloyd's Rep Plus 20
Conflicts of laws - Proper forum - Application to set aside permission to serve out - Whether England the most appropriate forum - Significance of ability to consolidate proceedings against two defendants.
THE “FEARLESS I” AND THE “KING COAL” (NO 2)
[2014] Lloyd's Rep Plus 21
Admiralty practice – Priorities – Applicant arresting vessels in capacity as assignee of master’s and crew’s wages – Applicant subsequently seeking to be reimbursed out of proceeds of sale for its own costs of arrest and maintenance in priority to all other claims – Whether applicant entitled to priority over mortgagee.
SEAGRAIN LLC v GLENCORE GRAIN BV
[2014] Lloyd's Rep Plus 22
Sale of goods (c&f) - Contract for sale of feed wheat of Ukrainian or Russian origin c&f Haifa or Ashdod - Russian wheat subject to export ban - Ukrainian authorities imposing customs controls - Whether sellers discharged from liability to perform contract - Meaning of "executive act restricting export" - GAFTA Prohibition Clause.
KINGDOM OF THE NETHERLANDS v RUSSIAN FEDERATION (THE "ARCTIC SUNRISE")
[2014] Lloyd's Rep Plus 23
International law of the sea - Russian Federation detaining Netherlands-flagged vessel in Russian exclusive economic zone - Netherlands instituting arbitration proceedings contending that Russian Federation acted in breach of international law - Whether Netherlands entitled to "prescription of provisional measures" pending determination of dispute - UNCLOS, article 290, para 5.
MANZI AND ANOTHER v CAPITANERIA DI PORTO DI GENOVA (THE "MSC ORCHESTRA")
[2014] Lloyd's Rep Plus 24
European Union law - Reference for a preliminary ruling - Whether Directive provisions limiting sulphur content of marine fuels to 1.5 per cent applicable to cruise ships - Whether 1.5 per cent limit invalid in light of general principles of international law and principle of cooperation in good faith - Whether 1.5 per cent limit applicable to ships flying flag of non-EU state party to MARPOL 73/78 - Directive 1999/32/EC, article 4a(4).
FEEST v SOUTH WEST STRATEGIC HEALTH AUTHORITY AND ANOTHER
[2014] Lloyd's Rep Plus 25
Practice - Limitation of time - Personal injury - Claimant employee injured on rigid inflatable boat trip organised by employer - Claimant suing employer - Employer claiming contribution from operator of boat - Employer's contribution claim brought outside time limit laid down in Athens Convention - Whether claim for contribution time-barred - Athens Convention 1974, article 16 - Civil Liability (Contribution) Act 1978.
TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE "VALLE DI CORDOBA")
[2014] Lloyd's Rep Plus 26
Charterparty (Voyage) - Vessel carrying cargo of premium motor spirit from Abidjan to Lagos - Vessel seized by pirates off Benin - Pirates transferring cargo from vessel - Whether transferred cargo constituted "in-transit loss" - Whether owners strictly liable for lost cargo - BPVOY3 form.
THE OWNERS AND/OR BAILEES OF THE CARGO OF THE SHIP "PANAMAX STAR" v THE OWNERS OF THE SHIP "AUK"
[2014] Lloyd's Rep Plus 27
Practice - Application to strike out - Want of prosecution - Collision action - Whether breach of Civil Procedure Rules - Whether delay inordinate and inexcusable - Whether delay likely to cause serious prejudice to defendant - Whether application to strike out for want of prosecution should be granted - CPR 3.4, CPR Part 61 and PD 61, CPR PD 58, para 10.2 - Admiralty and Commercial Courts Guide, section N8.1(ii).
THE "CHEM ORCHID"
[2014] Lloyd's Rep Plus 28
Admiralty jurisdiction - Whether person liable on claim in personam was demise charterer of arrested vessel at time of issue of writs in rem - Whether demise charter validly terminated prior to issue of writs - Whether redelivery of vessel necessary to terminate demise charter - Whether writs in rem should be set aside - High Court (Admiralty Jurisdiction) Act, section 4(4).
BCEN-EUROBANK now known as VTB BANK (FRANCE) SA v VOSTOKRYBPROM CO LTD AND OTHERS (THE "PHOENIX")
[2014] Lloyd's Rep Plus 29
Admiralty practice - Mortgage of ship - Vessel registered in St Vincent and the Grenadines - Mortgage entered on register - Judicial sales of vessel in North Korea and in China - New owners seeking deregistration of vessel in St Vincent and the Grenadines - Mortgagee objecting to deregistration - Whether deregistration permissible whilst mortgage debt unpaid - Whether foreign judicial sales extinguished mortgagee's lien - Whether res judicata - Shipping Act 2004 - International Convention on Maritime Liens and Mortgages 1993.
SWALLOWFALLS LTD v MONACO YACHTING & TECHNOLOGIES SAM AND ANOTHER
[2014] Lloyd's Rep Plus 30
Shipbuilding contract - Loan agreement - Buyer of luxury yacht making loan to contractor to enable construction to be completed - Buyer demanding repayment of loan - Whether loan repayable on demand - Whether loan agreement contained implied terms as to buyer's obligation to cooperate - Whether buyer entitled to summary judgment.
OMV SUPPLY AND TRADING AG v KAZMUNAYGAZ TRADING AG (FORMERLY VECTOR ENERGY AG)
[2014] Lloyd's Rep Plus 31
Sale of goods (cif) - Sale of biodiesel cif Constanza - Contract requiring diesel to be of Canadian origin - Diesel subsequently ascertained to be of US origin - Romanian customs levying additional import duties on buyer more than two years after goods discharged in Romania - Whether buyer entitled to recover additional duties from seller - Whether sum payable by seller limited to invoice value of diesel.
S E T SELECT ENERGY GMBH v F & M BUNKERING LTD
[2014] Lloyd's Rep Plus 32
Practice - Conflict of laws - Contracts for supply of bunkers containing exclusive English jurisdiction clause - Buyer providing seller with demand bank guarantee issued by Cypriot bank - Seller making demand on bank guarantee - Buyer bringing proceedings in Cyprus to restrain payment under guarantee - Seller subsequently bringing proceedings in England for cost of goods sold and delivered - Buyer making late challenge to jurisdiction - Whether seller entitled to judgment in default of defence - Whether time for challenging jurisdiction should be extended - Whether English proceedings should be stayed - Council Regulation (EC) No 44/2001, articles 27 and 28 - CPR 11(4), 11(5), 11(9), 3.1 and 3.9.
KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE "ATLANTIK CONFIDENCE")
[2014] Lloyd's Rep Plus 33
Admiralty practice - Limitation of liability - Whether limitation fund can be constituted by provision of P&I Club guarantee - Convention on Limitation of Liability for Maritime Claims 1976, article 11.2 - Merchant Shipping Act 1995, section 185(1) - CPR 61.11.
HABAS SINAI VE TIBBI GAZLAR ISTIHSAL ENDUSTRISI AS v VSC STEEL CO LTD
[2014] Lloyd's Rep Plus 34
Arbitration - Jurisdiction - Dispute as to validity of arbitration clause - Law applicable to validity of arbitration clause - Whether permission should be given for appeal for error of law - Whether new jurisdictional arguments were raised on appeal - Arbitration Act 1996, sections 67, 69 and 73.
INTERPRODS LTD v DE LA RUE INTERNATIONAL LTD
[2014] Lloyd's Rep Plus 35
Arbitration - Jurisdiction - Whether arbitration clause extended to allegations of criminality - Serious irregularity - Apparent bias - Arbitration Act 1996, sections 67 and 68.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE “PRINCESS OF THE STARS”)
[2014] Lloyd's Rep Plus 36
Reinsurance – Marine policy – Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force – Construction of warranty – Whether warranty broken.
BARCLAYS BANK PLC v UNICREDIT BANK AG (FORMERLY KNOWN AS BAYERISCHE HYPO-UND VEREINSBAND AG) AND ANOTHER
[2014] Lloyd's Rep Plus 37
Banking - Loan securitisations - Whether claimant bank exercised discretion in "commercially reasonable manner" in refusing to consent to early termination - Whether "entire agreement" clause precluded reliance on claimant's understanding.
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2014] Lloyd's Rep Plus 38
Arbitration - Enforcement of award - Award subject to challenge in curial courts - Change of circumstances - Arbitration Act 1996, section 103(5).
GEDEN OPERATIONS LTD v DRY BULK HANDY HOLDINGS INC (THE M/V "BULK URUGUAY")
[2014] Lloyd's Rep Plus 39
Charterparty (Time) - Anticipatory breach - Renunciation - Whether charterers entitled to give voyage orders to transit Gulf of Aden - Owners asserting that permission required - Whether owners in repudiatory breach.
YEMGAS FZCO AND OTHERS v SUPERIOR PESCADORES SA PANAMA (THE "SUPERIOR PESCADORES")
[2014] Lloyd's Rep Plus 40
Carriage of goods by sea - Limitation of liability - Package limitation - Damage to cargo - Clause paramount referring to "Hague Rules ... 1924 as enacted in the country of shipment" - Hague-Visby Rules compulsorily applicable - Whether Hague or Hague-Visby Rules package limitation applied - Date of conversion of gold value into national currency - Hague-Visby Rules, article IV, rule 5(g).
NYK BULKSHIP (ATLANTIC) NV v CARGILL INTERNATIONAL SA (THE "GLOBAL SANTOSH")
[2014] Lloyd's Rep Plus 41
Charterparty (Time) - Off-hire - Vessel detained by court order at discharge port - Order procured by c&f seller to secure demurrage claim against cargo receivers - Whether sellers and/or receivers "agents" of charterers - Whether vessel off-hire.
GLENCORE ENERGY UK LTD v CIRRUS OIL SERVICES LTD
[2014] Lloyd's Rep Plus 42
Contract - Contract formation - Identification of offer and acceptance - Identity of buyer - Sale of Goods Act 1979, section 50.
MED MARINE v CASTILLO SCHIFFAHRTS-GMBH & CO KG MS AND ANOTHER (THE "CONTI CARTAGENA")
[2014] Lloyd's Rep Plus 43
Practice - Claim form - Service out of the jurisdiction - Turkish company providing tug and pilotage assistance to vessel in Turkey - Contract incorporating UK Standard Conditions for Towage and Other Services - Whether contract contained exclusive English jurisdiction clause - Whether service of claim form should be set aside.
COTTONEX ANSTALT v PATRIOT SPINNING MILLS LTD
[2014] Lloyd's Rep Plus 44
Arbitration - Appeal on point of law - Scope of question of law to be appealed - Whether award could be justified on other grounds - Arbitration Act 1996, section 69 - Civil Procedure Rules, Practice Direction 62, para 12.
MORAN YACHT & SHIP INC v PISAREV AND ANOTHER (THE "4YOU")
[2014] Lloyd's Rep Plus 45
Agency - Sale of goods - Yacht - Brokers claiming commission for sale of yacht - Whether brokers expressly or impliedly instructed to sell yacht - Whether brokers an effective cause of the sale - Measure of commission - Personal liability in tort of owner of instructing company for inducing breach of contract.
SAN EVANS MARITIME INC AND OTHERS v AIGAION INSURANCE CO SA (THE "ST EFREM")
[2014] Lloyd's Rep Plus 46
Insurance (marine) - Leading underwriter clause - Effect of settlement made by leading underwriter on following insurers - Contracts (Rights of Third Parties) Act 1999.
STOTT v THOMAS COOK TOUR OPERATORS LTD
[2014] Lloyd's Rep Plus 47
International carriage by air - Liability of air carriers - Disabled passengers - Injury to feelings - Whether passengers' claims are subject to Montreal Convention - Whether Montreal Convention has exclusivity over domestic legislation - Montreal Convention, articles 17 and 29.
ASSURANCEFORENINGEN GARD GJENSIDIG v THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
[2014] Lloyd's Rep Plus 48
International law - Immunity - Freezing injunction - P&I Club applying for freezing injunction against International Oil Pollution Compensation Fund - Whether Fund immune from grant of freezing order relief - International Oil Pollution Compensation Fund (Immunities and Privileges) Order 1979.
AMERICAN OVERSEAS MARINE CORPORATION v GOLAR COMMODITIES LTD (THE "LNG GEMINI")
[2014] Lloyd's Rep Plus 49
Charterparty (Time) - Injurious cargoes - Charter of liquefied natural gas carrier precluding carriage of "cargoes injurious to the Vessel" - Charterers shipping cargo of LNG - Debris subsequently found in vessel's cargo pumps and tanks - Whether charterers in breach of charter.
LOMBARD-KNIGHT AND ANOTHER v RAINSTORM PICTURES INC
[2014] Lloyd's Rep Plus 50
Arbitration - Enforcement of award - New York Convention - Procedural requirements - Arbitration Act 1996, sections 102 and 103.
LA SOCIETE POUR LA RECHERCHE, LA PRODUCTION, LE TRANSPORT, LA TRANSFORMATION ET LA COMMERCIALISATION DES HYDROCARBURES SPA (SONATRACH) v STATOIL NATURAL GAS LLC
[2014] Lloyd's Rep Plus 51
Arbitration - Serious irregularity - Award of interest on enforcement order - Arbitration Act 1996, sections 33, 49, 66 and 68 - Judgments Act 1838.
DEN DANSKE BANK A/S AND OTHERS v SURINAM SHIPPING LTD
[2014] Lloyd's Rep Plus 52
Banking – Letter of credit – Spanish bank issuing letter of credit in favour of Mauritian company – Issuing bank asking Mauritian bank to advise credit to beneficiary – Whether Mauritian bank acted as confirming bank or advising bank.
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC
[2014] Lloyd's Rep Plus 53
Arbitration - Enforcement of award - Defences to enforcement - Whether allegations of bribery were arbitrable - Whether defendant prevented from appointing an arbitrator - Whether matters not agreed were referred to the arbitrators - Whether procedure in accordance with agreed arbitral rules - Public policy - Arbitration Act 1996, sections 102 and 103.
GREENCLOSE LTD v NATIONAL WESTMINSTER BANK PLC
[2014] Lloyd's Rep Plus 54
Banking - ISDA Master Agreement - Bank entitled to unilaterally extend loan agreement by notice - Bank purporting to give notice by email - Whether email a permissible form of notice - Effect of out of office reply - Meaning and form of notice by "electronic messaging system" as used in the 1992 form - Implied term - Whether bank under a duty to act in good faith.
BROCKTON CAPITAL LLP v ATLANTIC-PACIFIC CAPITAL INC
[2014] Lloyd's Rep Plus 55
Arbitration - Serious irregularity - Parties submitting post-hearing arguments - Arbitrators taking a point not raised by the parties - Arbitration Act 1996, sections 33 and 68(2)(a).
PERACOMO INC AND OTHERS v TELUS COMMUNICATIONS CO AND OTHERS (THE "REALICE")
[2014] Lloyd's Rep Plus 56
Limitation of liability - Conduct barring limitation - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether master personally liable - Whether defendants precluded from limiting liability - Whether insurers entitled to deny coverage on basis of wilful default - Convention on Limitation of Liability for Maritime Claims 1976, article 4.
OMV PETROM SA v GLENCORE INTERNATIONAL AG
[2014] Lloyd's Rep Plus 57
Practice - Abuse of process - Claimant bringing proceedings in Commercial Court against oil supplier claiming damages for conspiracy and/or deceit - Defendant's defence raising same issues as those determined in earlier arbitration proceedings in which defendant was respondent but a different party was claimant - Whether parts of defence should be struck out.
AMT FUTURES LTD v MARZILLIER, DR MEIER & DR GUNTNER RECHTSANWALTSGESELLSCHAFT MBH
[2014] Lloyd's Rep Plus 58
Conflict of laws - Jurisdiction in tort claims - Place where the damage occurred - Jurisdiction for claims by consumers - Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, articles 5(3) and 16 - Whether exclusive jurisdiction clauses void under the Unfair Terms in Consumer Contracts Regulations 1999.
FULTON SHIPPING INC OF PANAMA v GLOBALIA BUSINESS TRAVEL SAU (FORMERLY TRAVELPLAN SAU) OF SPAIN (THE "NEW FLAMENCO")
[2014] Lloyd's Rep Plus 59
Charterparty (Time) - Repudiation - Damages - Time-charterers redelivering vessel early - Owners selling vessel upon repudiation for a greater sum than the value of the vessel at the contractual date for redelivery - Whether owners bound to give credit for difference in capital values.
DIAG HUMAN SE v CZECH REPUBLIC
[2014] Lloyd's Rep Plus 60
Arbitration - Enforcement of award - Whether award had become "binding" - Effect of judgment refusing enforcement - Effect of judgment in country where award was made - Issue estoppel - Partial enforcement - Arbitration Act 1996, section 103(2)(f) - New York Convention.
SUN UNITED MARITIME LTD v KASTELI MARINE INC (THE "IMME")
[2014] Lloyd's Rep Plus 61
Arbitration - Jurisdiction - Costs - Whether tribunal had jurisdiction to make costs award - Whether tribunal made error of law - Arbitration Act 1996, sections 67 and 69.
MARTRADE SHIPPING & TRANSPORT GMBH v UNITED ENTERPRISES CORPORATION (THE "WISDOM C")
[2014] Lloyd's Rep Plus 62
Practice - Interest - Arbitrators awarding penal rate of interest - Time charter providing for English law and London arbitration - Whether significant connection between charterparty and England - Applicable law - Late Payment of Commercial Debts (Interest) Act 1998 - Rome Convention 1980, articles 3 and 4 - Contracts (Applicable Law) Act 1990.
ABN AMRO COMMERCIAL FINANCE PLC v MCGINN AND OTHERS
[2014] Lloyd's Rep Plus 64
Deed of indemnity - Factor entering into invoice discounting agreement with company and purchasing company's present and future debts - Factor also entering into deeds of indemnity with directors of company - Company going into administration - Factor claiming to recover outstanding debit balance from directors under deeds of indemnity - Whether liability of directors primary or secondary - Whether "proofs of delivery" constituted "Financial Records" - Whether defendants had arguable defence as to quantum - Effect of "conclusive evidence" clause - Whether "manifest error" - Whether claimant failed to mitigate loss - Whether claimant entitled to summary judgment.
FALKONERA SHIPPING CO v ARCADIA ENERGY PTE LTD (THE "FALKONERA")
[2014] Lloyd's Rep Plus 65
Charterparty (Voyage) - Ship-to-ship transfer - BPVOY4 form - Whether charterparty precluded transfer from VLCC to VLCC - Whether owners unreasonably withheld consent to transfer to VLCC.
ST MAXIMUS SHIPPING CO LTD v A P MOLLER-MAERSK A/S (THE "MAERSK NEUCHATEL")
[2014] Lloyd's Rep Plus 66
General average - Letter of undertaking - Whether defendant undertaking to pay sums ascertained to be due in general average adjustment or undertaking to pay sum properly and legally due from cargo interests.
NIDERA BV v VENUS INTERNATIONAL FREE ZONE FOR TRADING & MARINE SERVICES SAE
[2014] Lloyd's Rep Plus 67
Sale of goods (fob) - Contract for sale of Ukrainian corn - Buyers claiming to have given notice of 21-day extension of delivery period - Whether notice valid - Whether extension clause applied where carrying vessel had already presented within delivery period - GAFTA Form 49.
THE OWNERS OF THE VESSEL "STOLT KESTREL" v THE OWNERS OF THE VESSEL "NIYAZI S"
[2014] Lloyd's Rep Plus 68
Admiralty practice - Action in rem - Whether claimant entitled to mandatory extension of time for bringing in rem proceedings - Whether extension of time required for bringing separate in personam proceedings - Whether extension of time required for joinder of sister ships - Merchant Shipping Act 1995, sections 190(3), 190(5) and 190(6).
SOUFFLET NEGOCE SA v FEDCOMINVEST EUROPE SARL
[2014] Lloyd's Rep Plus 69
Sale of goods (fob) – Contract for sale of French feed barley – Delivery – Buyers claiming to have given notice of 21-day extension of delivery period – Whether notice deemed to have been received on following business day – Whether notice valid – GAFTA Form 64.
CENTRAL TRADING & EXPORTS LTD v FIORALBA SHIPPING CO (THE "KALISTI")
[2014] Lloyd's Rep Plus 70
Arbitration - Jurisdiction - Claimant challenging award determining absence of jurisdiction - Claimant seeking to adduce new evidence to establish jurisdiction - Applicable principles for admission of new evidence - Arbitration Act 1996 section 67.
JET2.COM LTD v HUZAR
[2014] Lloyd's Rep Plus 71
Aviation - Delay suffered by passenger - Right to compensation - Whether delay caused by extraordinary circumstances - European Council Regulation (EC) No 261/2004, articles 5(3) and 6.
KRUPPA v BENEDETTI AND ANOTHER
[2014] Lloyd's Rep Plus 72
Arbitration - Stay of proceedings - Whether parties had entered into "arbitration agreement" - Arbitration Act 1996, sections 6 and 9.
DAWSON v THOMSON AIRWAYS LTD
[2014] Lloyd's Rep Plus 73
Aviation - Claim for compensation for delay to flight - Time bar - Montreal Convention 1999, article 35 - European Council Regulation (EC) No 261/2004 - Limitation Act 1980, section 9.
A LTD v B LTD
[2014] Lloyd's Rep Plus 74
Arbitration - Appeal against award - Obligation on appellant to exhaust available arbitral process of appeal or review - Whether process existed - Whether process exhausted - International Cotton Association Rules - Arbitration Act 1996, sections 67, 68 and 70(2).
YUKOS CAPITAL SARL v OJSC ROSNEFT OIL CO
[2014] Lloyd's Rep Plus 75
Arbitration - Foreign award - Enforcement of award set aside by curial courts - No provision for interest in award - Whether English court could award interest until date of payment of award - Senior Courts Act 1981, section 35A.
SAIPOL SA v INERCO TRADE SA
[2014] Lloyd's Rep Plus 76
Sale of goods - Damages - Consequential losses - Arbitration - Appeal for error of law - Sale of Goods Act 1979, sections 53 and 54 - Arbitration Act 1996, section 69.
KONKOLA COPPER MINES PLC v U&M MINING ZAMBIA LTD
[2014] Lloyd's Rep Plus 77
Arbitration - Appeal against an award - Application by respondent for security for costs - Application by respondent for security for sums due under award - Arbitration Act 1996, sections 67, 68, 70(6) and 70(7).
EMIRATES TRADING AGENCY LLC v PRIME MINERAL EXPORTS PRIVATE LTD
[2014] Lloyd's Rep Plus 78
Arbitration - Jurisdiction - Agreement to resolve dispute by friendly discussion - Whether compliance was a condition precedent to the right to go to arbitration - Whether conditions satisfied - Arbitration Act 1996, section 67.
WARREN V DRUKKERIJ FLACH BV
[2014] Lloyd's Rep Plus 80
Agency - Entitlement to compensation following termination of agency - Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053), Regulations 8 and 17.
VISCOUS GLOBAL INVESTMENT LTD v PALLADIUM NAVIGATION CORPORATION (THE "QUEST")
[2014] Lloyd's Rep Plus 81
Arbitration - Jurisdiction - Cargo dispute - Bills of lading incorporating charterparty arbitration clause - Owner's P&I Club providing letter of undertaking containing different arbitration clause - Whether LOU arbitration clause replaced bill of lading arbitration clauses - Whether arbitrators validly appointed - Arbitration Act 1996, section 32.
MCGRAW-HILL INTERNATIONAL (UK) LTD v DEUTSCHE APOTHEKER-UND ARZTEBANK EG AND OTHERS
[2014] Lloyd's Rep Plus 82
Conflict of laws - Jurisdiction - Negative declaratory relief - Whether dispute between the parties - Council Regulation (EC) No 44/2001, articles 5 and 6.
YOUNG v ANGLO AMERICAN SOUTH AFRICA LTD AND OTHERS
[2014] Lloyd's Rep Plus 83
Practice - Claim form - Service out of the jurisdiction - Proceedings served on South African company in Johannesburg - Whether company had its "central administration" in England - Whether company domiciled in England - Council Regulation (EC) No 44/2001, article 60 - CPR 11.1.
TRAVIS COAL RESTRUCTURED HOLDINGS LLC v ESSAR GLOBAL FUND LTD
[2014] Lloyd's Rep Plus 84
Arbitration - Enforcement of award - Adjournment pending outcome of challenge to award in New York - Grant of security - Arbitration Act 1996, section 103(5).
TIDAL ENERGY LTD v BANK OF SCOTLAND PLC
[2014] Lloyd's Rep Plus 85
Banking - Instruction for payment through CHAPS identifying correct bank sort code and account number but wrong beneficiary - Funds accepted by receiving bank - Whether instruction satisfied - Whether payment made - Construction of CHAPS Transfer Form.
FONNSHIP A/S v SVENSKA TRANSPORTARBETAREFÖRBUNDET (THE "SAVA STAR")
[2014] Lloyd's Rep Plus 86
European law - Principle of free movement of maritime transport services between member states of European Economic Area - Whether principle applicable where vessel providing services flew flag of third country - Industrial action taken in ports of member state in favour of third country nationals employed on vessel - Council Regulation (EEC) No 4055/86, article 1.
ABANI TRADING PTE LTD v BNP PARIBAS AND ANOTHER
[2014] Lloyd's Rep Plus 87
Banking - Letter of credit - Express term providing that bill of lading should not be a freight forwarder's bill - Whether bill of lading presented was conforming document - Whether issuing bank in breach of duty to purchaser of goods in making payment - Practice - Pleading - Whether bank entitled to indemnity costs even though not pleaded.
HANDYTANKERS KS v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL M/V "ALAS" AND OTHER VESSELS
[2014] Lloyd's Rep Plus 88
Admiralty jurisdiction - Plaintiff owners obtaining London arbitration award for damages and unpaid hire following charterers' breach of time charter - Plaintiffs arresting different vessel in Hong Kong on basis of claim for damages and unpaid hire under same time charter - Whether in rem jurisdiction properly invoked.
STARLIGHT SHIPPING CO v ALLIANZ MARINE & AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")
[2014] Lloyd's Rep Plus 89
Insurance (marine) - Jurisdiction - Breach of settlement agreement by bringing action outside the jurisdiction - Council Regulation (EC) No 44/2001.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")
[2014] Lloyd's Rep Plus 90
Reinsurance - Marine policy - Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force - Construction of warranty - Whether warranty broken.
KONKOLA COPPER MINES PLC v U&M MINING ZAMBIA LTD (NO 2)
[2014] Lloyd's Rep Plus 91
Arbitration - Jurisdiction - Serious irregularity - Whether arbitrators lacked substantive jurisdiction - Whether adjournment should have been granted - Whether arbitrators acted unfairly in proceeding to make award - Whether party unfairly presented from putting its case - Whether award final and conclusive notwithstanding "show cause" provision - Arbitration Act 1996, sections 67 and 68.
FERN COMPUTER CONSULTANCY LTD v INTERGRAPH CADWORX & ANALYSIS SOLUTIONS INC
[2014] Lloyd's Rep Plus 92
Practice - Claim form - Service out of the jurisdiction - Commercial agent bringing claim against Texas principal under Commercial Agents (Council Directive) Regulations 1993 and for unpaid commission - Agency agreement containing Texas law and exclusive Texas jurisdiction clause - Whether claim based on Regulations a "claim made in respect of a contract governed by English law" or a "claim made in respect of a breach of contract committed within the jurisdiction" - Whether service of proceedings should be set aside - Civil Procedure Rules, Practice Direction 6B, paras (6)(c) and 7 - Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE "HO FENG 7")
[2014] Lloyd's Rep Plus 93
Insurance (marine) - Deadweight warranty - Effect of breach of warranty - Whether warranty inconsistent with cover note and policy - Relevance of knowledge of insurers as to breach of warranty - Rectification - Waiver and estoppel - Duty of disclosure - Marine Insurance Ordinance, sections 18, 33 and 34.
STARLIGHT SHIPPING CO v ALLIANZ MARINE AND AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")
[2014] Lloyd's Rep Plus 94
Insurance (marine) - Settlement agreements - Full and final settlement - Whether settlements extended to servants and agents of underwriters - Whether specific performance of settlement agreements could be ordered - Contracts (Rights of Third Parties) Act 1999.
VERSLOOT DREDGING BV AND ANOTHER v HDI-GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE "DC MERWESTONE")
[2014] Lloyd's Rep Plus 95
Insurance (marine) - Fraudulent claim - Vessel totally lost - False statement made about operation of alarm - Whether statement fraudulent - Whether fraudulent means or device - Effect of fraud.
CARESSE NAVIGATION LTD v ZURICH ASSURANCES MAROC AND OTHERS (THE "CHANNEL RANGER")
[2014] Lloyd's Rep Plus 96
Practice - Anti-suit injunction - Cargo interests bringing proceedings against shipowner in Morocco under bill of lading - Whether bill of lading incorporating "Law and Arbitration clause" of charterparty had effect to incorporate English law and jurisdiction clause - Whether anti-suit injunction should have been granted.
THE “ORINOCO STAR”
[2014] Lloyd's Rep Plus 97
Admiralty practice – Limitation period – Whether plaintiffs entitled to mandatory extension of limitation period to bring collision action – Maritime Conventions Act 1911, section 8(3)(b).
MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE "LONGCHAMP")
[2014] Lloyd's Rep Plus 98
General average - Vessel seized by pirates in Gulf of Aden - Negotiations for payment of ransom - Whether expenses incurred by shipowner during period of negotiations allowable in general average - Whether cost of bunker consumption an "expense" - York-Antwerp Rules 1974, Rules A and F.
LORAND SHIPPING LTD v DAVOF TRADING (AFRICA) BV (THE MV "OCEAN GLORY")
[2014] Lloyd's Rep Plus 99
Arbitration - Serious irregularity - Owners asking tribunal for "Interim Award on Demurrage" and that jurisdiction be reserved in respect of other claims - Tribunal proceeding to make final award dealing only with demurrage claim without reserving jurisdiction for other claims - Whether serious irregularity - Arbitration Act 1996, section 68.
STANDARD CHARTERED BANK v DORCHESTER LNG (2) LTD (THE "ERIN SCHULTE")
[2014] Lloyd's Rep Plus 100
Carriage of goods by sea - Misdelivery - Title to sue - Whether confirming bank became lawful holder of bills of lading - Whether bank accepted delivery of indorsed bills - Meaning of "delivery" - Whether claim for money due under a letter of credit following presentation of conforming documents sounded in debt or damages - Whether transaction effected in pursuance of a contractual or other arrangement made before the bill of lading had become spent - Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a).