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LAKATAMIA SHIPPING CO LTD AND OTHERS v NOBU SU/HSIN CHI SU (aka SU HSIN CHI; aka NOBU MORIMOTO) AND OTHERS
[2015] Lloyd's Rep Plus 1
Sale of goods - Forward Freight Agreements - Transfer of FFA position for one-month period - Seller failing to buy back FFAs on agreed date - Identity of parties to contract - Measure of loss sustained by buyer - Whether buyer limited to recovering difference between contract and market value - Whether loss affected by novation agreements - Sale of Goods Act 1979, section 50(3).
CRUZ CITY 1 MAURITIUS HOLDINGS v UNITECH LTD AND OTHERS
[2015] Lloyd's Rep Plus 2
Arbitration - Freezing order - Jurisdiction of court to make order against subsidiaries of award debtor (Chabra jurisdiction) - Arbitration Act 1996, section 44 - Civil Procedure Rules, Part 62.5 - Civil Procedure Rules, Practice Direction 6B, para 3.1(3) - Brussels Regulation, Council Regulation 44/2001/EC, article 24.
ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")
[2015] Lloyd's Rep Plus 3
Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Whether claim lost by reason of failure to provide security - Duty to sue and labour - Whether costs recoverable - Institute War and Strikes Clauses Hull 1/10/83.
BANK OF TOKYO-MITSUBISHI UFJ LTD v OWNERS OF THE MV SANKO MINERAL (THE "SANKO MINERAL")
[2015] Lloyd's Rep Plus 4
Admiralty Practice - Foreign insolvency proceedings - Vessel sold by order of court - Cargo owners asserting maritime lien and issuing caution against release of proceeds of sale - Whether caution should be struck out - Senior Courts Act 1981, section 21(4).
STENA BULK AB v COPLEY AND OTHERS
[2015] Lloyd's Rep Plus 5
Admiralty practice - Stakeholders - Bunker suppliers becoming insolvent - Ship operators facing competing claims for price of bunkers supplied - Whether ship operators entitled to rely on "Stakeholders" rule to pay money into court to secure claims and prevent vessels being arrested - CPR Part 86.
ZHOUSHAN JINHAIWAN SHIPYARD CO LTD v GOLDEN EXQUISITE INC AND OTHERS
[2015] Lloyd's Rep Plus 6
Contract - Shipbuilding contract - Buyer cancelling contract on ground of excessive delay by shipbuilder in delivering vessel - Whether cancellation wrongful - Whether relevant part of delay caused by buyer's own breach of contract - Whether buyer entitled to interest on sums refunded.
COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD
[2015] Lloyd's Rep Plus 7
Carriage of goods by sea - Bills of lading containing English jurisdiction clause - Whether clause providing for exclusive jurisdiction - Whether claimant entitled to permanent anti-suit injunction and damages in respect of proceedings brought by defendant in China.
GOLDEN ENDURANCE SHIPPING SA v RMA WATANYA SA AND OTHERS (THE "GOLDEN ENDURANCE")
[2015] Lloyd's Rep Plus 8
Practice - Service out of jurisdiction - Cargo interests bringing cargo claims in Morocco under three bills of lading - Shipowner bringing London arbitration and court proceedings in England - Whether one bills of lading incorporated charterparty law and arbitration clause - Whether bills of lading governed by English law - Whether service should be set aside - Whether claimant entitled to anti-suit injunction in favour of London arbitration - Whether claimant entitled to anti-suit injunction in favour of English court proceedings.
TOYOTA TSUSHO SUGAR TRADING LTD v PROLAT SRL
[2015] Lloyd's Rep Plus 9
Arbitration - Jurisdiction of tribunal - Application for declaration as to jurisdiction - Applicable law - Validity of arbitration clause - Arbitration Act 1996, sections 5 and 32 - Brussels Regulation, Council Regulation 44/2001/EC - Rome I Regulation, Council Regulation 583/2008/EC, articles 3, 4 and 10.
HBC HAMBURG BULK CARRIERS GMBH & CO KG v HUYTON INC (THE "GLORY SANYE")
[2015] Lloyd's Rep Plus 10
Charterparty (Voyage) - Addendum - Disponent owners chartering vessel for single voyage - Vessel unable to discharge cargo because of absence of receivers - Parties agreeing addendum substituting different discharge port - Charterers agreeing to indemnify disponent owners against losses and expenses arising from charterers' failure to discharge cargo - Whether charterers bound to indemnify disponent owners in respect of costs incurred in transiting Suez Canal.
MAESTRO BULK LTD v COSCO BULK CARRIER CO LTD (THE "GREAT CREATION")
[2015] Lloyd's Rep Plus 11
Charterparty (Time) - Notice of redelivery - Charterers redelivering vessel with insufficient notice - Measure of damages.
TRANSGRAIN SHIPPING BV v DEIULEMAR SHIPPING SPA (IN LIQUIDATION) AND ANOTHER (THE "ELENI P")
[2015] Lloyd's Rep Plus 12
Arbitration - Jurisdiction - Charterparty containing inconsistent arbitration provisions - Composition of tribunal - Whether tribunal lacked jurisdiction to rule on appointment of arbitrators.
CAMPBELL v THOMAS COOK TOUR OPERATIONS LTD
[2015] Lloyd's Rep Plus 13
Aviation - Disability discrimination - Discrimination at an airport outside the EU - Whether application of Equality Act 2010 precluded by European Parliament and Council Regulation 1107/2006/EC.
MONDE PETROLEUM SA v WESTERNZAGROS LTD
[2015] Lloyd's Rep Plus 14
Arbitration - Jurisdiction - Agreement containing arbitration clause superseded by settlement agreement containing jurisdiction clause - Whether arbitration clause overridden by jurisdiction clause - Separability - Security for costs - Arbitration Act 1996, sections 7 and 67 - Civil Procedure Rules, rule 25.13.
NAVIG8 INC v SOUTH VIGOUR SHIPPING INC AND OTHERS
[2015] Lloyd's Rep Plus 15
Charterparty (Time) - Identity of parties - Charterers contending that counterparty was registered owner of vessel - Registered owner denying it was a party - Charter fixed by company managing vessel for demise charterers - Owners described in charter as "disponent owners" - Whether expression âÂÂdisponent ownersâ capable of referring to managers â Whether managers had authority to act on behalf of registered owners - Whether managers in breach of implied warranty of authority.
MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT
[2015] Lloyd's Rep Plus 16
Carriage of goods by sea - Container demurrage - Consignee not collecting containerised goods from discharge port - Containers remaining at discharge port more than three years after discharge - Carrier claiming container demurrage from shipper - Whether carrier required to nominate place for redelivery - Whether carrier under duty to mitigate - Whether carrier had legitimate interest in keeping contracts of carriage in force after unaccepted repudiatory breach by shipper.
TEEKAY TANKERS LTD v STX OFFSHORE & SHIPPING CO
[2015] Lloyd's Rep Plus 17
Practice – Claim form – Service – Buyer bringing claim against shipbuilder for breach of Option Agreement – Whether claim form validly served in England – Forum non conveniens – Companies Act 2006, section 1139(2).
ASTON FFI (SUISSE) SA v LOUIS DREYFUS COMMODITIES SUISSE SA
[2015] Lloyd's Rep Plus 18
Sale of goods (fob) - Buyer rejecting cargo of milling wheat in bulk - Whether buyer entitled to reject goods - Whether buyer's nomination of superintending surveyor contractually compliant - Whether buyer entitled to reject goods in absence of contractually compliant quality certificate - GAFTA forms 49, 124 and 125
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD CHINA NATIONAL CHARTERING CO LTD v DAIICHI CHUO KISEN KAISHA (THE "OCEAN VICTORY")
[2015] Lloyd's Rep Plus 19
Charterparty (Time) - Safe port warranty - Port taking precautions against existing dangers - Whether safe as a result - Negligent navigation - Bareboat charterparty - Whether demise charterers liable to ship owners for breach of safe port warranty - Insurance - Assignment - Subrogation - Barecon 89 Standard Bareboat Charter.
GAZPROM OAO
[2015] Lloyd's Rep Plus 20
Arbitration - New York Convention 1958 - Anti-suit injunction granted by arbitrators - Whether award to be recognised and enforced in EU courts - Effect of grant of anti-suit injunction by EU court â Whether court injunction to be recognised and enforced in other EU courts - Brussels Regulation, European Council Regulation 44/2001/EC - Brussels Regulation Recast, European Regulation 1215/2012/EU.
SHAGANG SOUTH-ASIA (HONG KONG) TRADING CO LTD v DAEWOO LOGISTICS
[2015] Lloyd's Rep Plus 21
Arbitration - Jurisdiction - Validity of appointment of arbitrator - Parties agreeing that arbitration was to be held in Hong Kong with English law to be applied - Contract incorporating English law and arbitration clause - Whether parties had agreed for Hong Kong or English law as curial law - Validity of appointment of arbitrator - Arbitration Act 1996, sections 15, 16 and 18.
SHIPOWNERS' MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE "YUSUF CEPNIOGLU")
[2015] Lloyd's Rep Plus 22
Practice - Service out of jurisdiction - Anti-suit injunction - Charterers bringing direct action claim against owners' P&I Club in Turkey following grounding of vessel - Club cover providing for London arbitration - Whether court had jurisdiction to grant anti-suit injunction - Whether Turkish proceedings vexatious and oppressive - Whether injunction should be continued - Civil Procedure Rules, Practice Direction 6B, para 3.1(6)(c).
SWISSMARINE SERVICES SA v GUPTA COAL INDIA PRIVATE LTD
[2015] Lloyd's Rep Plus 23
Charterparty - Contract of affreightment - Damages - Charterer failing to nominate shipments - Owner accepting charterer's conduct as wrongful repudiation - Owner bringing proceeding in England claiming damages - Charterer bringing proceedings in India in breach of English jurisdiction clause - Measure of damages recoverable by owner.
KASSIOPI MARITIME CO LTD v FAL SHIPPING CO LTD (THE "ADVENTURE")
[2015] Lloyd's Rep Plus 24
Demurrage - Time-bar - Charterparty providing that demurrage claim should be presented with all supporting documentation within 90 days of the completion of discharge - Whether claim time-barred - BPVOY4 form, clauses 19.7 and 20.
PCL AND OTHERS v REGIONAL GOVERNMENT OF X
[2015] Lloyd's Rep Plus 25
Arbitration - Peremptory order - Application for enforcement - Service of application outside the jurisdiction - Arbitration Act 1996, section 42 - State Immunity Act 1978, sections 12 and 14 - Civil Procedure Rules, Parts 11 and 62.
TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE "VALLE DI CORDOBA")
[2015] 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.
CARLOS SOTO SAU AND ANOTHER v AP MOLLER-MAERSK AS (THE "SFL HAWK")
[2015] Lloyd's Rep Plus 27
Carriage of goods by sea - Sale of goods (cfr) - Cargo of frozen swordfish rejected as unfit for human consumption - Bill of lading holder claiming damages against carrier for breach of contract of carriage - Whether bill of lading holder was owner of goods - Whether property passed on transfer of bill of lading - Whether bill of lading holder entitled to rely on "buyer in possession" exception to nemo dat quod non habet rule - Whether carrier's breach caused claimants' loss - Sale of Goods Act 1979, section 25.
MALICORP LTD v GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT AND OTHERS
[2015] Lloyd's Rep Plus 28
Arbitration - Award - Enforcement - Whether award should be enforced after being set aside by curial court - Effect of award given on basis not argued by the parties - Arbitration Act 1996, section 103(2).
SIERRA FISHING CO AND OTHERS v FARRAN AND OTHERS
[2015] Lloyd's Rep Plus 29
Arbitration - Application for removal of arbitrator - Justifiable doubts as to impartiality of arbitrator - Whether claimants had lost right to object - Arbitration Act 1996, sections 24(1)(a) and 73
SECRETARY OF STATE FOR THE HOME DEPARTMENT v RAYTHEON SYSTEMS LTD (NO 2)
[2015] Lloyd's Rep Plus 30
Arbitration - Finding of serious irregularity - Appropriate remedy - Setting aside or remitting award - Whether arbitrators should be replaced - Costs - Arbitration Act 1996, sections 68(2)(d) and 68(3).
STEMCOR UK LTD v GLOBAL STEEL HOLDINGS LTD AND ANOTHER
[2015] Lloyd's Rep Plus 31
Guarantee - Stay of judicial proceedings - Arbitration proceedings between principal debtor and creditor - Application for summary judgment by creditor against guarantor - Whether proceedings should be stayed pending outcome of arbitration.
UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS
[2015] Lloyd's Rep Plus 32
Arbitration - Jurisdiction - Arbitrator issuing further award under slip rule - Claimant challenging further award for lack of substantive jurisdiction - Whether further award a nullity - Whether court had jurisdiction to hear claimant's application - Whether claimant entitled to make alternative application for serious irregularity - Whether tribunal entitled to correct error under slip rule - Whether matters in further award "dealt with" in original award - Arbitration Act 1996, sections 57(3)(a) and (b), 67(1)(a) and (b) and 68(2)(b) - LMAA Terms (2012), para 25(a).
VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA (TRADING AS "CSAV")
[2015] Lloyd's Rep Plus 33
Carriage of goods by sea - Consignments of bagged coffee beans in containers carried on LCL/FCL terms - Cargo found to be damaged by condensation - Temporal scope of Hague Rules - Burden of proof - Whether damage inevitable - Whether carrier failed properly and carefully to load and carry the goods - Hague Rules, articles I(e) and III(2).
FISH & FISH LTD v SEA SHEPHERD UK AND OTHERS (THE "STEVE IRWIN")
[2015] Lloyd's Rep Plus 34
Tort - Accessory liability - Marine conservation charity alleged to have used vessel to attack claimant's bluefin tuna cages - Claimant suing UK charity, US charity and master of attacking vessel - Whether UK charity liable as joint tortfeasor - Whether attack carried out pursuant to common design involving UK charity.
INTEGRAL PETROLEUM SA v SCU-FINANZ AG
[2015] Lloyd's Rep Plus 35
Conflict of laws - Oil trading agreement - Appeal against order setting aside a judgment in default - Characterisation - Choice of law - Formal validity - Rome I Regulation, articles 1(2) and 11 - Companies Act 2006, section 44 - Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009 No 1917 - CPR Part 13.
SECURE CAPITAL SA v CREDIT SUISSE AG
[2015] Lloyd's Rep Plus 36
Conflicts of law - Applicable law - Contract - Right of action under Notes - Party entitled to action under Luxembourg law - Notes governed by English law - Characterisation of claim.
DEUTSCHE BANK AG LONDON BRANCH v PETROMENA ASA
[2015] Lloyd's Rep Plus 37
Jurisdiction - Negative declaratory relief - Submission to jurisdiction of English court - Effect of jurisdiction agreement in favour of Norway - Lugano Convention, articles 5, 23 and 24.
Y v S
[2015] Lloyd's Rep Plus 38
Arbitration - Enforcement of arbitration award - Arbitration Act 1996, sections 1, 66 and 67 - CPR 62.18.
PUBLIC COMPANY RISE v NIBULON SA
[2015] Lloyd's Rep Plus 39
Sale of goods (CPT) - Contracts for sale of Ukrainian feed corn - Ukrainian government issuing export quota restrictions - Whether sellers discharged from liability to perform contracts - GAFTA prohibition clause.
SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE M/V "BRILLANTE VIRTUOSO")
[2015] Lloyd's Rep Plus 40
Insurance (marine) - Meaning of constructive total loss - Measure of indemnity for partial loss - Loss of hire - Suing and labouring - Marine Insurance Act 1906, sections 16, 27(2), 60, 69 and 78.
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN AND ANOTHER (THE "PRESTIGE") (NO 2)
[2015] Lloyd's Rep Plus 41
Arbitration - Award - Enforcement - P&I Club seeking to enforce arbitration awards for negative declaratory relief against Spain and France following loss of oil tanker Prestige - Whether defendants entitled to rely on state immunity - Whether defendants deemed to have submitted to English jurisdiction - Whether defendants agreed in writing to submit dispute to arbitration - State Immunity Act 1978, sections 2(3)(b) and 9(1).
COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD
[2015] Lloyd's Rep Plus 42
Carriage of goods by sea - Bills of lading containing English jurisdiction clause - Whether clause providing for exclusive jurisdiction - Practice â Appellant in contempt of court - Whether court should refuse to entertain appeal until contempt purged.
SEAGLANCE MARITIME v CASILLO COMMODITIES ITALIA SPA (THE "PROIKONISSOS")
[2015] Lloyd's Rep Plus 43
Charterparty (Voyage) - Cargo found to be contaminated on discharge - Owners, charterers and cargo receivers concluding tripartite settlement agreement providing for specified consequences in event of a finding by "an English arbitration tribunal" that owners were not liable for the contamination - Whether charterers bound by finding made in arbitration reference to which they were not a party.
SANTER v WUCHER HELICOPTER GMBH AND ANOTHER
[2015] Lloyd's Rep Plus 44
Aviation law - Air carriers and aircraft operators - Insurance - Requirements - Definitions of "passenger" and "member of the crew" - Helicopter - Carriage of an expert in the blasting of avalanches using explosives - Injury suffered during a work flight - Compensation - European Parliament and Council Regulation 785/2004/EC on insurance requirements for air carriers and aircraft operators - Montreal Convention for the Unification of Certain Rules for International Carriage by Air
BRAGANZA v BP SHIPPING LTD AND ANOTHER (THE "BRITISH UNITY")
[2015] Lloyd's Rep Plus 45
Contract - Death benefits - Crew member disappearing at sea - Employer refusing to pay contractual death benefits on basis that death was suicide and therefore resulted from "wilful default" - Whether employer misdirected itself in law - Whether employer's opinion as to cause of death reasonable.
SPLIETHOFF'S BEVRACHTINGSKANTOOR BV v BANK OF CHINA LTD
[2015] Lloyd's Rep Plus 46
Banking - Guarantees - Performance bonds - Guarantees in respect of contract - Effect of finding of fraud under the substantive contract by court in China - Illegality - Guarantees but not contracts containing English law and arbitration clause - Submission to foreign jurisdiction and effect of anti-suit injunction - Public policy - Estoppel by representation - Estoppel by Convention - Stay of enforcemen - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 - CPR 83.7(4).
JETIVIA SA AND ANOTHER v BILTA (UK) LTD AND OTHERS
[2015] Lloyd's Rep Plus 47
Agency - Illegality - Claim by liquidators of insolvent company against third parties - Whether third parties had a defence by reason of the involvement of the company's directors - Imputation of knowledge - Vicarious liability - Trading with intent to defraud creditors - Companies Act 2006, section 172 - Insolvency Act 1986, section 213.
TRUST RISK GROUP SPA v AMTRUST EUROPE LTD
[2015] Lloyd's Rep Plus 48
Jurisdiction - Terms of Business Agreement - Conflicting choice of law and jurisdiction agreements - Whether English or Italian courts had jurisdiction.
CDE SA v SURE WIND MARINE LTD (THE "SB SEAGUARD" and THE "ODYSSÉE")
[2015] Lloyd's Rep Plus 49
Admiralty practice - Claim form - Collision between claimant's vessel and defendant's vessel - Negotiations between parties - Claim subject to two-year limitation period - Whether claimant's application for extension of time should be granted - Merchant Shipping Act 1995, section 190(3) and 190(5).
HARMS BERGUNG TRANSPORT UND HEAVYLIFT GMBH & CO KG v HARMS OFFSHORE AHT "URANUS" GMBH & CO KG AND OTHERS
[2015] Lloyd's Rep Plus 50
Admiralty jurisdiction - Claimant ship management company alleging breaches of management agreement and of articles of association - Claimant bringing in rem claims to provide security - Whether defendants entitled to submit to jurisdiction in respect of ship management claims - Whether court had jurisdiction to hear articles of association claims - Standard of proof for establishing in rem jurisdiction - Senior Courts Act 1981, section 20(2)(a) and 20(2)(b).
VIRTU FAST FERRIES LTD v THE SHIP "CAPE LEVEQUE"
[2015] Lloyd's Rep Plus 51
Admiralty - Jurisdiction - Surrogate ship - Plaintiff bringing arbitration proceedings against shipbuilder alleging defects in construction of plaintiff's vessel - Plaintiff filing action in rem against surrogate ship - Plaintiff's ship under construction and not yet launched when causes of action arose - Whether plaintiff entitled to arrest surrogate ship - Admiralty Act 1988 (Cth), section 19(a).
SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD
[2015] Lloyd's Rep Plus 52
Charterparty (Time) - Hire - Owners withdrawing vessels for non-payment of hire - Whether obligation to make punctual payments of hire a condition - Measure of damages - New York Produce Exchange 1993 form.
ST SHIPPING & TRANSPORT INC v KRITI FILOXENIA SHIPPING CO SA (THE "KRITI FILOXENIA")
[2015] Lloyd's Rep Plus 53
Charterparty (Voyage) - Laycan provisions - Charterers having right to cancel in event of notification that vessel will be unready to load within laycan period - Charterers also having right to nominate revised loading port - Whether right to cancel survived re-nomination of loading port - BPVOY3 form, clauses 17 and 24.
STELLAR OCEAN TRANSPORT LLC v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "RUBY STAR"
[2015] Lloyd's Rep Plus 54
Admiralty jurisdiction - Balance of account - Ship manager bringing in rem claim against demise charterers for balance of account - Plaintiff subsequently serving Further and Better Particulars stating that claim was in respect of bunker costs - Appropriation of payments - Whether claim within admiralty jurisdiction of High Court.
MITSUI OSK LINES (THAILAND) CO LTD v JACK FAIR PTY LTD
[2015] Lloyd's Rep Plus 55
Carriage of goods by sea - Bill of lading - Notify party obtaining delivery of cargo by presenting endorsed and signed non-negotiable copy of bill of lading - Notify party not entitled to delivery - Carrier settling with true owner of bill of lading - Carrier bringing claim against notify party to recover amount paid in settlement - Whether notify party liable under Australian Consumer Law for misleading and deceptive conduct â Whether notify party liable in conversion - Whether notify party liable for breach of implied contract - Admiralty Act 1988 (Cth), section 4(3)(f), Competition and Consumer Act 2010 (Cth), section 138A and schedule 2.
STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER v INDEPENDENT POWER TANZANIA LTD AND OTHERS
[2015] Lloyd's Rep Plus 56
Conflicts of law - Non-exclusive jurisdiction clause - Forum non conveniens waiver - Clearly more appropriate forum - Application for stay - Case management - The Cambridgeshire factor - Privity of interest - Abuse of process - Civil Procedure Rules 11 and 37 and Practice Direction 6B.
EMIRATES TRADING AGENCY LLC v SOCIEDADE DE FOMENTO INDUSTRIAL PRIVATE LTD
[2015] Lloyd's Rep Plus 57
Arbitration - Jurisdiction - Agreement to resolve dispute by friendly discussion - Issue estoppel - Whether claimant entitled to challenge jurisdiction - Arbitration Act 1996, sections 67 and 68 - Rules of Arbitration of the International Chamber of Commerce (ICC), article 12(4).
MAASS v MUSION EVENTS LTD AND OTHERS
[2015] Lloyd's Rep Plus 58
Arbitration - Dispute as to whether arbitration claimant was party to the arbitration clause - Whether arbitrator making an award on jurisdiction - Power of arbitration to make award on costs without determining jurisdiction - Right of parties to a hearing - Serious irregularity - Substantial injustice - Arbitration Act 1996, sections 33 and 68.
AMTRUST EUROPE LTD v TRUST RISK GROUP SPA
[2015] Lloyd's Rep Plus 59
Arbitration - Anti-arbitration injunction - Application to restrain defendant from maintaining arbitration proceedings in Italy - Jurisdiction of the English courts - Whether grounds for injunction made out - Senior Courts Act 1981, section 37.
CATERPILLAR MOTOREN GMBH & CO KG v MUTUAL BENEFITS ASSURANCE CO
[2015] Lloyd's Rep Plus 60
Advance Payment Bond - Performance Bond - Whether guarantee or on demand bond.
LIBERO COMMODITIES SA v AUGUSTIN
[2015] Lloyd's Rep Plus 61
Arbitration - Commencement of proceedings - International Cotton Association Bylaws - Whether payment of fee a requirement of commencement of arbitration - Calculation of sale price - Error of law - Arbitration Act 1996, section 69.
SOCIETE DE DISTRIBUTION DE TOUTES MERCHANDISES EN COTE D'IVOIRE, TRADING AS "SDTM-CI" AND OTHERS v CONTINENTAL LINES NV AND ANOTHER (THE "SEA MIROR")
[2015] Lloyd's Rep Plus 62
Charterparty (Voyage) - Synacomex 90 form - Contracts of carriage incorporating Synacomex 90 charterparty - Cargo interests alleging cargo damage and short delivery - Whether incorporated charterparty transferred responsibility for loading and stowage from carrier to charterers/cargo interests.
BV SCHEEPSWERF DAMEN GORINCHEM v THE MARINE INSTITUTE (THE "CELTIC EXPLORER")
[2015] Lloyd's Rep Plus 63
Arbitration - Serious irregularity - Inordinate delay in publishing award - Whether serious irregularity - Whether arbitrator failed to deal with issues - Whether award should be set aside - Arbitration Act 1996, section 68.
FRONTIER AGRICULTURE LTD v BRATT BROTHERS (A FIRM)
[2015] Lloyd's Rep Plus 64
Arbitration - Jurisdiction - Dispute as to whether parties concluded contract for sale of goods - Putative buyer obtaining arbitration award of damages in its favour - Whether putative seller participated in arbitration - Whether putative seller lost right to challenge arbitrator's jurisdiction - Whether triable issue as to absence of arbitration agreement - Arbitration Act 1996, sections 66, 70 and 73.
K v S
[2015] Lloyd's Rep Plus 65
Arbitration - Time for appeal against an award under sections 67 and 68 of the Arbitration Act 1996 - Effect of application to the arbitrators for correction of award - Extension of time for appeal - Arbitration Act 1996, sections 54, 57, 70(3) and 73.
INVOLNERT MANAGEMENT INC v APRILGRANGE LTD AND OTHERS AIS INSURANCE SERVICES LTD (FIRST THIRD PARTY) OAMPS SPECIAL RISKS LTD (SECOND THIRD PARTY)
[2015] Lloyd's Rep Plus 66
Insurance (marine) - Yacht - Non-disclosure of overvaluation of yacht - Non-disclosure of fact that the yacht was on the market - Materiality - Inducement - Waiver of disclosure - Misrepresentation as to value of vessel - Whether assured complied with policy terms as to notification of loss, commencement of proceedings and giving evidence on oath - Notice of abandonment - Marine Insurance Act 1906, sections 18, 20 and 57 to 62 - Relationship between assured, producing broker and placing broker - Duty of broker to complete proposal form and to warn assured of duty of disclosure.
THE FEDERAL REPUBLIC OF BRAZIL AND ANOTHER v DURANT INTERNATIONAL CORPORATION (JERSEY) AND ANOTHER
[2015] Lloyd's Rep Plus 67
Banking - Tracing - Bribes - Doctrine of backward tracing.
PRASAD AND ANOTHER v LEONARD AND ANOTHER
[2015] Lloyd's Rep Plus 68
Ex turpi causa - Claimant company suing for defamation - Whether company traded illegally - Whether issue of illegality determinable at interlocutory stage - Whether company should be fixed with fraudulent acts of director - Whether company's claim should be struck out for abuse of process - Foreign Investment Act 2002.
GLENCORE INTERNATIONAL AG v MSC MEDITERRANEAN SHIPPING CO SA AND ANOTHER
[2015] Lloyd's Rep Plus 69
Carriage by sea - Goods misappropriated - Bill of lading to be surrendered in exchange for the goods or a delivery order - Carrier providing computer generated PIN code in accordance with electronic release system in use at discharge port - Whether provision of PIN code was a "Delivery Order" - Whether carrier in breach of contract.
BUNGE SA v NIDERA BV
[2015] Lloyd's Rep Plus 70
Sale of goods (fob) - Contract for sale of milling wheat fob Novorossiysk - Russian government issuing export ban - Sellers terminating contract prematurely in reliance on export ban - Buyers accepting termination as repudiatory breach of contract - Whether buyers entitled to nominal damages only - GAFTA default clause - GAFTA 49.
SOUTHPORT SUCCESS SA v TSINGSHAN HOLDING GROUP CO LTD (THE "ANNA BO")
[2015] Lloyd's Rep Plus 71
Arbitration - Anti-suit injunction - Claim to prevent action being pursued in Chinese courts in breach of arbitration clause - Whether charterparty arbitration clause incorporated into bill of lading - Whether court had jurisdiction to grant injunction - Whether strong reasons not to grant order - Senior Courts Act 1981, section 37 - Arbitration Act 1996, section 44.
PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER (THE "RES COGITANS")
[2015] Lloyd's Rep Plus 72
Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale - Sale of Goods Act 1979, section 2.
MITSUI OSK LINES LTD v SALGAOCAR MINING INDUSTRIES PVT LTD (THE "UNTA")
[2015] Lloyd's Rep Plus 73
Charterparty (Time) - Guarantee - Owners claiming damages against guarantor following repudiatory breach by charterers - Whether guarantee enforceable - Whether brokers had authority to conclude guarantee - Whether guarantee in writing - Whether guarantee signed by guarantor - Whether guarantor in breach - Quantum of damages - Statute of Frauds 1677, section 4.
SOUTH WEST STRATEGIC HEALTH AUTHORITY v BAY ISLAND VOYAGES
[2015] Lloyd's Rep Plus 74
Practice - Contribution claim - Defendant employer claiming contribution from sea carrier in respect of liability to passenger for personal injuries - Whether Athens Convention extended to contribution claims against carrier - Whether Convention time bar "extinguished" relevant right - Civil Liability (Contribution) Act 1978, section 1(3) - Athens Convention 1974, article 16.
THE "STX MUMBAI" AND ANOTHER MATTER
[2015] Lloyd's Rep Plus 75
Contract - Anticipatory breach - Bunkers supplied to vessel - Bunker supplier concerned about insolvency of shipowning group and demanding payment before contractual due date - Payment not made - Bunker supplier arresting vessel for anticipatory breach - Whether doctrine of anticipatory breach applicable to executed contracts - Whether insolvency capable of amounting to repudiatory breach.
TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ
[2015] Lloyd's Rep Plus 76
Conflict of laws - Third party debt order - Situs of debt due under letter of credit - Whether court had jurisdiction to make order - Whether court entitled to make receivership order in respect of debt - Whether debt created by letter of credit became property of Iraqi state bank - Whether debt immune from execution - State Immunity Act 1978, section 14(4).
THE "CHEM ORCHID"
[2015] Lloyd's Rep Plus 77
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 physical redelivery of vessel necessary to terminate demise charter - Whether writs in rem should be set aside - High Court (Admiralty Jurisdiction) Act, section 4(4).
JSC BTA BANK v ABLYAZOV
[2015] Lloyd's Rep Plus 78
Freezing order - Standard form - Whether loans to respondent constituted assets within the freezing order - Whether loans to the respondent constituted assets within the extended definition in the freezing order.
BARCLAYS BANK PLC v ENTE NAZIONALE DI PREVIDENZA ED ASSISTENZA DEI MEDICI E DEGLI ODONTOIATRI
[2015] Lloyd's Rep Plus 79
Jurisdiction - Proceedings brought in contract and tort in Italy by the defendant - Action by the claimant in England for breach of exclusive jurisdiction clauses - Whether court could grant summary judgment - Severability of exclusive jurisdiction clause - Whether claim made out - Council Regulation (EC) No 44/2001, articles 5(3), 27 and 28.
PRÜLLER-FREY v BRODNIG AND ANOTHER
[2015] Lloyd's Rep Plus 80
Air transport - Montreal Convention for the unification of certain rules for international carriage by air 1999, articles 17 and 33 - Council Regulation 2027/97/EC on air carrier liability in respect of the carriage of passengers and their baggage by air, article 2 - European Parliament and Council Regulation 785/2004/EC on insurance requirements for air carriers and aircraft operators - European Parliament and Council Regulation 864/2007/EC on the law applicable to non-contractual obligations (Rome II Regulation), article 18.
VAN DER LANS v KONINKLIJKE LUCHTVAART MAATSCHAPPIJ NV
[2015] Lloyd's Rep Plus 81
Aviation - European Parliament and Council Regulation 261/2004/EC establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Entitlement of passenger to compensation for delay - Meaning of derogation for "extraordinary circumstances".
STOLT KESTREL BV v SENER PETROL DENIZCILIK TICARET AS (THE "STOLT KESTREL" AND THE "NIYAZI S") CDE SA v SURE WIND MARINE LTD (THE "SB SEAGUARD" AND THE "ODYSSÉE")
[2015] Lloyd's Rep Plus 82
Admiralty practice - Claim form - Claimant bringing timeous action in rem following collision between claimant's vessel and defendant's vessel - Whether extension of time required for bringing separate in personam proceedings - Whether in personam claim form time-barred - Nature of discretion to extend time for bringing proceedings in personam - Whether court had power to order alternative service of in rem claim form out of jurisdiction - Merchant Shipping Act 1995, sections 190(3), 190(5) and 190(6) - CPR 7.6(3), CPR PD 61, para 3.67.
LOUIS DREYFUS COMMODITIES SUISSE SA v MT MARITIME MANAGEMENT BV (THE "MTM HONG KONG")
[2015] Lloyd's Rep Plus 83
Charterparty (Time) - Damages - Time charter wrongfully terminated by charterers - Owners concluding substitute fixture - Whether damages limited by reference to period when contract voyage would have ended.
FREIGHT CONNECT (S) PTE LTD v PARAGON SHIPPING PTE LTD
[2015] Lloyd's Rep Plus 84
Charterparty (Voyage) - Berth or port charter - Whether notice of readiness validly tendered - Whether owners entitled to detention charges - Whether owners entitled to indemnity in respect of claims brought by third party.
CASTLETON COMMODITIES SHIPPING CO PTE LTD v SILVER ROCK INVESTMENTS (THE "CLIPPER MONARCH")
[2015] Lloyd's Rep Plus 85
Practice - Charterers failing to pay freight, deadfreight, demurrage and other charges to disponent owners - Disponent owners obtaining court order for sale of cargo subject to proceeds of sale being held by solicitors - Disponent owners applying for proceeds of sale to be paid out to them - Whether disponent owners entitled to monies - CPR Part 25.1(1)(c).
BANK OF CYPRUS UK LTD v MENELAOU
[2015] Lloyd's Rep Plus 86
Banking - Unjust enrichment - Subrogation - Unpaid vendors lien - Whether bank entitled to be subrogated to unpaid vendor's lien even though not directly providing the funds for the purchase.
BRAND STUDIO LTD v ST JOHN KNITS INC
[2015] Lloyd's Rep Plus 87
Agency - Agreement that agent was to be indemnified rather than compensated following termination of agency - Whether agreement validly ousted right of agent to choose - Severance - Commercial Agents (Council Directive) Regulations 1993, regulations 17 and 19.
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2015] Lloyd's Rep Plus 88
Arbitration - Enforcement of award - Security to be provided by respondent where enforcement award subject to challenge in curial courts - Change of circumstances - Public policy - Arbitration Act 1996, sections 103(3) and 103(5).
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2015] Lloyd's Rep Plus 89
Arbitration - Enforcement of award - Provision of security where enforcement of award was adjourned - Arbitration Act 1996, section 103(5) - Civil Procedure Rules, rule 3.1 and 3.3.
PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER (THE "RES COGITANS")
[2015] Lloyd's Rep Plus 90
Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale - Sale of Goods Act 1979, sections 2(1) and 49(1)
CAVENDISH SQUARE HOLDING BV v EL MAKDESSI PARKINGEYE LTD v BEAVIS
[2015] Lloyd's Rep Plus 91
Rule against penalties - Whether rule should remain a part of English law - Whether it applied to forfeiture clauses and to clauses requiring transfer of property rather than payment of money - Whether parking charges were penalties or unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083).