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PAO TATNEFT v UKRAINE
[2021] Lloyd's Rep. Plus 1
Arbitration – Enforcement of New York Convention award – Defence based on illegality of submission to arbitration – Whether respondent was estopped from relying upon the defence – Whether the respondent had waived the defence – Arbitration Act 1996, sections 73 and 103(2).
HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
[2021] Lloyd's Rep. Plus 2
General average – Vessel kidnapped and held to ransom by pirates in Gulf of Aden – Shipowners paying ransom for release of vessel – Shipowners seeking to recover ransom payment from bill of lading holders as general average contribution – Charterparty providing for charterers to pay premiums for war risks and kidnap and ransom insurance – Whether relevant charterparty provisions incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.
MASTERMELT LTD v SIEGFRIED EVIONNAZ SA
[2021] Lloyd's Rep. Plus 3
Jurisdiction – Exclusive jurisdiction clause – Meaning of written agreement – Lugano Convention 2007, articles 23 and 27.
SENIORITY SHIPPING CORPORATION SA v CITY SEED CRUSHING INDUSTRIES LTD (THE “JOKER”)
[2021] Lloyd's Rep. Plus 4
Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty law and arbitration clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in Bangladesh in breach of London arbitration clause – Owners bringing proceedings in England claiming final anti-suit injunction –- Whether injunction should be granted – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).
ULUSOY DENIZILIK AS v COFCO GLOBAL HARVEST (ZHANGJIAGANG) TRADING CO LTD (THE “ULUSOY-11”)
[2021] Lloyd's Rep. Plus 5
Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty Law and Arbitration Clause – Applicable law governing issue of incorporation – Identity of governing charterparty – Whether Law and Arbitration Clause incorporated into bills of lading – Bill of lading holders bringing cargo claim in China – Whether breach of London arbitration clause – Whether owners entitled to anti-suit injunction – Rome I Regulation (Regulation (EC) No 593/2008), article 10(1), (2).
GRACE OCEAN PRIVATE LTD v MV “BULK POLAND”
[2021] Lloyd's Rep. Plus 6
Practice – Anti-suit injunction – Bills of lading expressly incorporating charterparty law and arbitration clause – Charterparty providing for English law and London arbitration – Applicable law governing issue of incorporation – Bill of lading holders bringing cargo claim in China in breach of London arbitration clause – Owners bringing proceedings in England and applying for interim anti-suit injunction –- Whether injunction should be continued – Rome I Regulation (Regulation (EC) No 593/2008), articles 10(1) and (2).
GUARDIAN OFFSHORE AU PTY LTD v SAAB SEAEYE LEOPARD 1702 REMOTELY OPERATED VEHICLE LATELY ON BOARD THE SHIP “OFFSHORE GUARDIAN” AND ANOTHER
[2021] Lloyd's Rep. Plus 7
Admiralty jurisdiction – Action in rem against remotely operated underwater vessel (ROV) – Whether ROV a “ship” – Whether court had in rem jurisdiction – Admiralty Act 1988 (Cth), section 3.
SEPTO TRADING INC v TINTRADE LTD (THE “NOUNOU”)
[2021] Lloyd's Rep. Plus 8
Sale of goods (fob) – Cargo of fuel oil – Whether Certificate of Quality binding – Whether cargo complied with contractual specification – Measure of damages.
BW UMUROA PTE LTD v TAMARIND RESOURCES PTE LTD
[2021] Lloyd's Rep. Plus 9
Arbitration – Agreement – Dispute – Cross-claims – Standard of proof – Winding up.
A v B
[2021] Lloyd's Rep. Plus 10
Arbitration – Enforcement of Consent Award – Settlement Agreement providing for Consent Award – Whether Acceleration Event had occurred requiring payment of full sum due under Consent Award – Arbitration Act 1996, section 66.
TURKS SHIPYARD LTD v THE OWNERS OF THE VESSEL NOVEMBER AND OTHERS
[2021] Lloyd's Rep. Plus 11
Admiralty Statutory right of action in rem Contracting party to ship repair contract Ship repairers possessory lien Senior Courts Act 1981, section 21(4).
TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”)
[2021] Lloyd's Rep. Plus 12
Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners applying for mandatory injunction compelling defendant to provide security – Whether indemnity applied in circumstances of case – Whether sufficient urgency – Whether mandatory injunction should be granted.
TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD (THE “MIRACLE HOPE”) (NO 3)
[2021] Lloyd's Rep. Plus 13
Practice – Mandatory injunction – Voyage charterers and sub-voyage charterers ordered to provide security to release vessel from arrest by bank – Failure to reach agreement with bank on terms of guarantee - Time charterers seeking variation of injunction orders – Whether orders should be varied – Whether payment into court should be ordered.
HAI JIANG 1401 PTE LTD v SINGAPORE TECHNOLOGIES MARINE LTD (THE “SEVEN CHAMPION”)
[2021] Lloyd's Rep. Plus 14
Arbitration – Ship arrest – Anti-suit injunction – Arbitration agreement designating Singapore – Ship arrest and proceedings in UAE – Whether vexatious and oppressive – International Arbitration Act, section 12A.
CLEARLAKE CHARTERING USA INC AND ANOTHER v PETROLEO BRASILEIRO SA (THE “MIRACLE HOPE”) (NO 2)
[2021] Lloyd's Rep. Plus 15
Practice – Mandatory injunction – Cargo discharged without production of bills of lading – Bank arresting vessel – Disponent owners obtaining mandatory injunction compelling voyage charterers to provide security – Voyage charterers applying for equivalent injunction against sub-voyage charterers – Whether indemnity applied to sub-voyage charterers – Whether mandatory injunction should be granted.
WOLLONGONG COAL LTD v PCL (SHIPPING) PTE LTD (THE “ILLAWARRA FORTUNE”)
[2021] Lloyd's Rep. Plus 16
Carriage of goods by sea – Bills of lading issued to shipper of coal cargoes – Bills subsequently switched to new shipper and original bills cancelled – Assignee of carrier claiming to recover charterparty freight and other sums from original shipper – Whether original shipper liable – Whether assignee entitled to recover claimed sums.
MVV ENVIRONMENT DEVONPORT LTD v NTO SHIPPING GMBH & CO KG (THE “NORTRADER”)
[2021] Lloyd's Rep. Plus 17
Arbitration – Jurisdiction – Carrier bringing arbitration proceedings against shipper named in bill of lading on basis of incorporated arbitration clause – Whether named shipper was party to contract of carriage – Whether arbitration tribunal had jurisdiction.
OCBC WING HANG BANK LTD v KAI SEN SHIPPING CO LTD (THE “YUE YOU 903”)
[2021] Lloyd's Rep. Plus 18
Practice – Stay of proceedings in favour of arbitration – Whether bills of lading incorporated charterparty arbitration agreement – Whether court should grant stay – Arbitration Ordinance (Cap 609).
ALTERA VOYAGEUR PRODUCTION LTD v PREMIER OIL E&P UK LTD (THE “VOYAGEUR SPIRIT”)
[2021] Lloyd's Rep. Plus 19
Charterparty (Bareboat) – Hire adjustment formula set out in separate “Over-Arching Agreement” – Formula consisting of narrative and two worked examples – Worked examples containing steps not set out in preceding narrative – Whether narrative should be preferred to worked examples – Whether clear mistake in drafting.
TURKS SHIPYARD LTD v THE OWNERS OF THE VESSEL “NOVEMBER”
[2021] Lloyd's Rep. Plus 20
Admiralty jurisdiction – Shipyard concluding contract with company for work on vessel – Shipyard bringing proceedings in rem for cost of work – Whether company acted as agent for owners of vessel as undisclosed principals of company – Whether shipyard had valid in rem claim against vessel.
SEA MASTER SHIPPING INC v ARAB BANK (SWITZERLAND) LTD AND ANOTHER (THE “SEA MASTER”)
[2021] Lloyd's Rep. Plus 21
Carriage of goods by sea – Bill of lading incorporating terms of voyage charterparty – Carrier claiming demurrage following delays at discharge port – Charterer in insolvent liquidation – Carrier bringing demurrage claim against defendant bank and cargo receivers on basis that they became subject to liabilities under contract of carriage – Whether implied term of contract of carriage that defendants would discharge and deliver cargo with reasonable time.
ALEGROW SA v YAYLA AGRO GIDA SAN VE NAK AS
[2021] Lloyd's Rep. Plus 22
Sale of goods (cif) – Sale of rice cif Turkey – Seller not complying with shipment schedule – Buyer requesting revised schedule and purporting to make time of the essence – Buyer subsequently serving notice of arbitration – Whether seller in repudiatory breach of contract – Whether GAFTA Appeal Board erred in law.
NAUTICA MARINE LTD v TRAFIGURA TRADING LLC (THE “LEONIDAS”)
[2021] Lloyd's Rep. Plus 23
Charterparty (Voyage) – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter.
SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORPORATION AND ANOTHER (THE “C CHALLENGER”)
[2021] Lloyd's Rep. Plus 24
Charterparty (Time) – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach – Whether charterers affirmed charter – Whether charterers’ guarantor entitled to rescind guarantee – Whether charterers in repudiatory breach – Whether Statute of Frauds satisfied – Whether guarantor liable to owners.
NEPTUNE HOSPITALITY PTY LTD v OZMEN ENTERTAINMENT PTY LTD (THE “SEADECK”)
[2021] Lloyd's Rep. Plus 25
Joint venture – Fiduciary duty – Joint venture agreement to operate business offering luxury cruises on Sydney Harbour – Demise charter of vessel for purpose of joint venture – Whether appellant in breach of joint venture agreement – Whether joint venture agreement validly terminated.
SRS MIDDLE EAST FZE v CHEMIE TECH DMCC
[2021] Lloyd's Rep. Plus 26
Arbitration – Anti-suit injunction – Proceedings brought in Sharjah for interim measures – Substantive proceedings brought to preserve interim measures – Whether interim measures available independently of substantive proceedings – International Chamber of Commerce Rules, articles 28 and 29.
CHINA COAL SOLUTION (SINGAPORE) PTE LTD v AVRA COMMODITIES PTE LTD
[2021] Lloyd's Rep. Plus 27
Contract – Formation – Acceptance – Whether business confirmation emails gave rise to a concluded contract – Intention to create legal relations – Certainty of terms – Previous course of dealings – Sale of Goods Act (Cap 393, 1999 Rev Ed), section 50(3).
HC TRADING MALTA LTD v SAVANNAH CEMENT LTD
[2021] Lloyd's Rep. Plus 28
Summary judgment – Sale contract price subject to settlement agreement – Demurrage claim subject under settlement agreement to expert determination.
STAR GROUP EST PTE LTD v WILLSOON (FE) PTE LTD
[2021] Lloyd's Rep. Plus 29
Contract – Sale of goods – Breach of contract – Waiver – Declaratory relief – Sale of Goods Act (Cap 393, 1999 Rev Ed), sections 13(1) and 15A.
JIANGSU GUOXIN CORPORATION LTD v PRECIOUS SHIPPING PUBLIC CO LTD
[2021] Lloyd's Rep. Plus 30
Contract – Shipbuilding contract – Buyer cancelling contracts on ground of excessive delay by shipbuilder in delivering two of a series of 14 vessels – Seller not operating any contractual machinery for extending delivery dates – Seller contending that delay was caused by buyer’s wrongful rejection of earlier vessels – Whether seller entitled to extend delivery dates – Whether “prevention principle” applied.
KOREA SHIPBUILDING & OFFSHORE ENGINEERING CO LTD AND ANOTHER v F WHALE CORPORATION AND ANOTHER
[2021] Lloyd's Rep. Plus 31
Contracts – Ship building – Deferred payments – Guarantees.
BEGUM (ON BEHALF OF MOLLAH) v MARAN (UK) LTD
[2021] Lloyd's Rep. Plus 32
Ship breaking – Claim on behalf of deceased worker against ship manager responsible for presence of vessel in scrapping yard – Creation of danger principle.
CH OFFSHORE LTD v INTERNAVES CONSORCIO NAVIERO SA AND OTHERS
[2021] Lloyd's Rep. Plus 33
Agency – Intermediate brokers negotiating charterparty terms – Claim for unpaid commission – Scope of duty owed by intermediate brokers – Whether hire inflated by secret commissions – Whether brokers in breach of duty – Whether commission and consultancy agreements enforceable – Whether settlement agreement concluded between shipowners and charterers precluded brokers’ claim.
SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD
[2021] Lloyd's Rep. Plus 34
Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute.
HOLYHEAD MARINA LTD v FARRER AND OTHERS
[2021] Lloyd's Rep. Plus 35
Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged craft – Whether claimant entitled to limit – Whether marine a “dock” – Whether claimant lost right to limit – Whether claimant entitled to summary judgment – Whether defendants entitled to amend defence – Amount of right to limit – Merchant Shipping Act 1995, section 191 – Convention on Limitation of Liability for Maritime Claims 1976, article 4.
THE “ECHO STAR” EX “GAS INFINITY”
[2021] Lloyd's Rep. Plus 36
Admiralty practice – Plaintiff shipowner bringing in rem proceedings against defendant vessel - Change of ownership of vessel prior to issue of proceedings – Whether proper party to enter appearance was owner at time of collision or current owner – Whether current owner entitled to withdraw appearance.
TRACTORS SINGAPORE LTD v PACIFIC OCEAN ENGINEERING & TRADING PTE LTD
[2021] Lloyd's Rep. Plus 37
Contract – Contractual terms – Implied terms – Implied term to nominate a port of destination within a reasonable time before agreed delivery date – Implied term to advise on a delivery date within a reasonable time from date of contract – Discharge – Repudiatory breach – Express termination clause – Renunciation – Breach of condition – Requirements for waiver by election – Communication of choice to affirm contract in clear and unequivocal terms.
APEX ENERGY INTERNATIONAL PTE LTD v WANXIANG RESOURCES (SINGAPORE) PTE LTD
[2021] Lloyd's Rep. Plus 38
Contract – Formation – Offer and acceptance – Breach – Duty of reasonable mitigation – Quantum – Effect of hedging arrangement.
TUI UK LTD v MORGAN
[2021] Lloyd's Rep. Plus 39
Package travel – Scope of implied term as to reasonable skill and care – Insufficient lighting causing accident – Absence of local standards – Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 No 3288), Regulation 15 – Supply of Goods and Services Act 1982, section 13.
ARGENTUM EXPLORATION LTD v THE SILVER AND ALL PERSONS CLAIMING TO BE INTERESTED IN AND/OR TO HAVE RIGHTS IN RESPECT OF, THE SILVER
[2021] Lloyd's Rep. Plus 40
Admiralty – Salvage claim – Sovereign immunity – Claimant claiming salvage award for salvage of silver bars from vessel sunk in 1942 – Republic of South Africa asserting ownership of silver bars and claiming sovereign immunity – Whether claim should be struck out – State Immunity Act 1978, section 10(4)(a).
AEGEAN BALTIC BANK SA v RENZLOR SHIPPING LTD AND OTHERS
[2021] Lloyd's Rep. Plus 41
Contracts – Loan agreement – Bank concluding settlement under hull and machinery policy following casualty – Bank’s duties.
SPLITT CHARTERING APS AND OTHERS v SAGA SHIPHOLDING NORWAY AS AND OTHERS (THE “STEMA BARGE II”)
[2021] Lloyd's Rep. Plus 42
Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability – Convention on Limitation of Liability for Maritime Claims 1976, article 1(2).
MOORE v SCENIC TOURS PTY LTD
[2021] Lloyd's Rep. Plus 43
Damages – Consumer guarantees – Personal injury – Appellant having booked holiday cruise tour supplied by respondent – Cruise disrupted by adverse weather conditions – Respondent breached consumer guarantees – Damages for disappointment and distress – Whether Civil Liability Act precluded damages for disappointment and distress not consequential upon physical or psychiatric injury – Competition and Consumer Act 2010 (Cth), Schedule 2 (the Australian Consumer Law), sections 60, 61, 267 and 275 – Civil Liability Act 2002 (NSW), sections 3, 11, 11A, 16 and 16(1).
BANCO SAN JUAN INTERNACIONAL INC v PETRÓLEOS DE VENEZUELA SA
[2021] Lloyd's Rep. Plus 44
Contract – Loan – Repayment – Summary judgment application – Whether defence that repayment rendered illegal by US sanction had a real prospect of success – Whether sum imposed under loan contract for breach was a penalty clause.
THE OWNERS OF THE VESSEL “SAKIZAYA KALON” v THE OWNERS OF THE VESSEL “PANAMAX ALEXANDER”
[2021] Lloyd's Rep. Plus 45
Collision action – Convoy of eight vessels transiting Suez Canal – First vessel suffering engine problem and anchoring – Following vessels taking steps to moor – Eighth vessel colliding with anchored seventh vessel – Both vessels subsequently colliding with anchored and moored sixth vessel – Liability for collisions.
CHANGHONG GROUP (HK) LTD v BRIGHT SHIPPING LTD (THE “CF CRYSTAL” AND THE “SANCHI”)
[2021] Lloyd's Rep. Plus 46
Leave to appeal – Collision jurisdiction – Clearly and distinctly more appropriate forum – Lis alibi pendens – Collision in exclusive economic zone – Spiliada test.
PREMIER MARINAS LTD v THE OWNER(S) OF M/Y “DOUBLE VENUS” ALSO KNOWN AS “LLAMEDOS”; THE OWNER(S) OF M/Y “KARMA” ALSO KNOWN AS “SANTORINI”
[2021] Lloyd's Rep. Plus 47
Admiralty – Procedure – Judgment in default – CPR 61.9(1).
AS FORTUNA OPCO BV AND ANOTHER v SEA CONSORTIUM PTE LTD AND OTHERS
[2021] Lloyd's Rep. Plus 48
Admiralty – Limitation of liability – Tonnage limitation – Limitation fund constituted by letter of undertaking – Interest rate in respect of the period after the constitution of the limitation fund – Allocation of costs – Merchant Shipping Act (Cap 179, 1996 Rev Ed), section 136 – Convention on Limitation of Liability for Maritime Claims, 1976.
THE “SONGA VENUS”
[2021] Lloyd's Rep. Plus 49
Admiralty practice – Priorities – Costs – Claimant having possessory lien over vessel in respect of claim – Claim would have priority only as statutory lien in absence of possessory lien – Whether costs of enforcing claim to be given same priority as possessory lien or statutory lien.
THE “MIRACLE HOPE”
[2021] Lloyd's Rep. Plus 50
Admiralty – Action in rem – Ship arrest – Rights of intervener – Duty of disclosure.
AMERICAN EAGLE FISHING LLC v THE SHIP “KOORALE”
[2021] Lloyd's Rep. Plus 51
Admiralty – Collision on high seas – Jurisdiction – More appropriate forum.
BHAGWAN MARINE PTY LTD v THE SHIP “TERAS BANDICOOT”
[2021] Lloyd's Rep. Plus 52
Admiralty – Ship arrest – Application for service of arrest warrant and writ by electronic means – Vessel not crewed – Dispensation from service on board – Admiralty Rules 1988 (Cth), rules 30 and 43 – Discretion under rule 6A of the Rules.
BHAGWAN MARINE PTY LTD v THE SHIP “LAUREN HANSEN”
[2021] Lloyd's Rep. Plus 53
Admiralty – Ship arrest – Application for service of arrest warrant and writ by electronic means – Vessel not crewed – Dispensation from service on board – Admiralty Rules 1988 (Cth), rules 30 and 43 – Discretion under rule 6A of the Rules.
CALM OCEAN SHIPPING SA v WIN GOAL TRADING LTD AND OTHERS
[2021] Lloyd's Rep. Plus 54
Procedure – Bills of lading – Class action – Joinder of persons unknown.
HUBER AND ANOTHER v X-YACHTS (GB) LTD AND ANOTHER
[2021] Lloyd's Rep. Plus 55
Procedure – Directions for remote hearing – Overseas attendance at remote court hearings – Remote access for persons located outside the jurisdiction of the court – Senior Courts Act 1981, section 71.
TRANS-TEC INTERNATIONAL SRL AND ANOTHER v THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSELS “COLUMBUS” AND “VASCO DA GAMA”
[2021] Lloyd's Rep. Plus 56
Admiralty jurisdiction – Claims for bunkers supplied plus contractual interest, administration fee and costs – Whether claims for interest, administration fee and costs fell within court’s admiralty jurisdiction - Senior Courts Act 1981, section 20(2)(m).
BHAGWAN MARINE PTY LTD v THE SHIP “TERAS BANDICOOT” (NO 2)
[2021] Lloyd's Rep. Plus 57
Admiralty – Judicial sale of ship – Application for valuation and sale of arrested ship pendente lite – Application unopposed – Owner of ship not intending to file a defence – Ship not crewed and in dead-ship status.
THORESEN SHIPPING SINGAPORE PTE LTD AND OTHERS v GLOBAL SYMPHONY SA AND OTHERS
[2021] Lloyd's Rep. Plus 58
Admiralty and Shipping – Limitation of liability – Tonnage limitation – Letter of undertaking – Procedure with LOU upon completion of proceedings.
THE OWNERS OF THE MOTOR VESSEL “GRAVITY HIGHWAY” v THE OWNERS OF THE MOTOR VESSEL “MARITIME MAISIE”
[2021] Lloyd's Rep. Plus 59
Admiralty – Procedure – Disclosure – Sufficient disclosure – Plainly incomplete or insufficient – Imposition of striking-out sanction by Registrar.
CROWTHER v CROWTHER AND OTHERS
[2021] Lloyd's Rep. Plus 60
Charterparty (demise) – Divorce proceedings – Freezing injunction – Vessels had been sold by and chartered back to the spouses’ company – Good arguable case that the transaction was a sham.
ED&F MAN CAPITAL MARKETS LTD v STRAITS (SINGAPORE) PTE LTD
[2021] Lloyd's Rep. Plus 61
Procedure – Discovery – Pre-action discovery – Abuse of process.
RAJ SHIPPING AGENCIES v BARGE MADHWA AND ANOTHER
[2021] Lloyd's Rep. Plus 62
Admiralty – Legal personality of a ship – Claims in rem – Whether leave under Companies Act required to proceed with suit in Admiralty – Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 – Companies Act 1956 – Insolvency and Bankruptcy Code 2016.
WECO PROJECTS APS v LORO PIANA AND OTHERS
[2021] Lloyd's Rep. Plus 63
Conflict of laws – Exclusive jurisdiction clause – Lis alibi pendens – Meaning of expression contract of transport – Close connection between claims – Himalaya clause – Brussels Regulation Recast, Council Regulation 1215/2012/EU, articles 17, 18, 19, 25, 29, 31 – Consumer Rights Act 2015.
NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”)
[2021] Lloyd's Rep. Plus 64
Collision – Crossing vessels – Liability – Collision between inbound and outbound vessels in pilot boarding area just outside narrow channel to Port of Jebel Ali – Whether crossing rules applied – Whether give-way vessel had to be on steady course for crossing rules to apply – International Regulations for Preventing Collisions at Sea 1972, rules 15, 16 and 17.
P&O PRINCESS CRUISES INTERNATIONAL LTD v THE DEMISE CHARTERERS OF THE VESSEL “COLUMBUS” AND IN THE MATTER OF THE CLAIM FOR PORT DUES BY PORT OF TILBURY LONDON LTD
[2021] Lloyd's Rep. Plus 65
Admiralty – Port dues – Cruise vessels laid-up at Port of Tilbury following suspension of cruise operations caused by Covid-19 pandemic – Port agreeing preferential lay-up rate – Port subsequently stating that rates were to be as per Port’s published tariff – Whether Port entitled to increase rate to tariff rate – Harbours Act 1964 – Port of London Act 1968 – Port of Tilbury General Trading Regulations 2005.
ETIHAD AIRWAYS PJSC v FLÖTHER
[2021] Lloyd's Rep. Plus 66
Jurisdiction – Asymmetric jurisdiction clause – Brussels Regulation Recast, Regulation (EU) No 1215/2012, article 31(2).
TAXIDIOTIKI-TOURISTIKI-NAUTILIAKI LTD (TRADING AS ASPIDA TRAVEL) v THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL “COLUMBUS” AND THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL “VASCO DA GAMA”
[2021] Lloyd's Rep. Plus 67
Admiralty – Claims in rem – Eligible claims – Person liable when cause of action arose and when claim brought – Bareboat charterer – Charterparty terminated before claims brought – Senior Courts Act 1981, section 21(4).
HELICE LEASING SAS v PT GARUDA INDONESIA (PERSERO) TBK
[2021] Lloyd's Rep. Plus 68
Arbitration – Stay of judicial proceedings – Service of proceedings – Relationship between jurisdiction and arbitration clause – Existence of dispute – Forum non conveniens – Arbitration Act 1996, section 9 – CPR Parts 6 and 7.
PREMIER CRUISES LTD v DLA PIPER RUS LTD AND ANOTHER
[2021] Lloyd's Rep. Plus 69
Arbitration – Stay of proceedings – Retroactive effect of arbitration clause – Inherent jurisdiction of court to stay proceedings – Case management stay – Arbitration Act 1996, section 9.
LIPTON AND ANOTHER v BA CITY FLYER LTD
[2021] Lloyd's Rep. Plus 70
Aviation – Compensation for delay – Whether illness of captain constituted “exceptional circumstances” – Regulation 261/2004/EC – Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 278) – European Union (Withdrawal) Act 2018.
PROVINCE OF BALOCHISTAN v TETHYAN COPPER CO PTY LTD
[2021] Lloyd's Rep. Plus 71
Arbitration – Appeal against award for want of jurisdiction and serious irregularity – Standard directions – Arbitration Act 1996, sections 67, 68 and 73 – CPR Part 62.
NOBLE CHARTERING INC v PRIMINDS SHIPPING HONG KONG CO LTD (THE “TAI PRIZE”)
[2021] Lloyd's Rep. Plus 72
Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners.
REPUBLIC OF KAZAKHSTAN v WORLD WIDE MINERALS LTD AND ANOTHER
[2021] Lloyd's Rep. Plus 73
Arbitration – Serious irregularity – Tribunal assessing damages on a basis not argued by the parties – Remission of award – Arbitration Act 1996, sections 33 and 68.
SILVERLINK RESORTS LTD v MS FIRST CAPITAL INSURANCE LTD
[2021] Lloyd's Rep. Plus 74
Arbitration – Stay of proceedings – Arbitration clause applying to all disputes – Jurisdiction clause applying to interpretation disputes – Whether judicial proceedings on interpretation should be stayed.
DOGLEMOR TRADE LTD AND OTHERS v CALEDOR CONSULTING LTD AND ANOTHER
[2021] Lloyd's Rep. Plus 75
Arbitration – Appeal against award – Serious irregularity – Admitted error in calculation of damages – Substantial injustice – Remission – Arbitration Act 1996, section 68.
LAVENDER SHIPMANAGEMENT INC v IBRAHIMA SORY AFFRETEMENT TRADING SA AND OTHERS (THE “MAJESTY”)
[2021] Lloyd's Rep. Plus 76
Arbitration – Jurisdiction – Error of law – Whether arbitration clauses in bills of lading had been consolidated – Whether tribunal validly appointed – Whether time for commencing arbitration had been extended – Arbitration Act 1996, sections 67 and 69.
SPECIALISED VESSEL SERVICES LTD v MOP MARINE NIGERIA LTD (THE “SVS COCHRANE”)
[2021] Lloyd's Rep. Plus 77
Practice – Anti-suit injunction – Shipowners applying for injunction to restrain continuance of Nigerian proceedings brought in breach of charterparty arbitration clause – Whether injunction should be refused on grounds of delay.
HULLEY ENTERPRISES LTD AND OTHERS v THE RUSSIAN FEDERATION
[2021] Lloyd's Rep. Plus 78
Arbitration – Enforcement – State immunity – Stay of proceedings – Grant of security – Case management – Arbitration Act 1996, section 103(5) – State Immunity Act 1978.
TECOIL SHIPPING LTD v THE OWNERS OF THE SHIP “POSEIDON”
[2021] Lloyd's Rep. Plus 79
Admiralty – Collision action – In rem claim – Judgment in default of acknowledgement of service – CPR Part 61 – CPR Part 12.
SHAPOORJI PALLONJI & CO PVT LTD v YUMN LTD STANDARD CHARTERED BANK (THIRD PARTY)
[2021] Lloyd's Rep. Plus 80
Arbitration – Interim relief – Performance bond – Interim injunction to require withdrawal of demand under performance bond – Whether inunction should be granted pending appointment of emergency arbitrator – Arbitration Act 1996, section 44 – Senior Courts Act 1981, section 37.
TUGUSHEV v ORLOV AND OTHERS
[2021] Lloyd's Rep. Plus 81
Arbitration – Stay of proceedings – Matters agreed to be referred to arbitration – Scope of arbitration clause in settlement agreement – Issue estoppel – Arbitration Act 1996, section 9.
KNIGHT v BLACK AND OTHERS
[2021] Lloyd's Rep. Plus 82
Limitation of liability – Boat passenger injured in collision with sandbar – Whether defendants entitled to limit liability – Marine Liability Act 2001, section 37 – Athens Convention 1974.
ARGOS PEREIRA ESPAÑA SL AND ANOTHER v ATHENIAN MARINE LTD (THE “FRIO DOLPHIN”)
[2021] Lloyd's Rep. Plus 83
Carriage of goods by sea – Cargo of frozen fish found defective on arrival – Contract of carriage containing London arbitration clause – Subrogated cargo insurers bringing foreign court proceedings against third party – Third party sustaining irrecoverable costs – Whether cargo insurers liable in principle to pay equitable compensation to the carrier in respect of third party’s loss – Whether carrier entitled to compensation pursuant to “transferred loss” principle.
CHENCO CHEMICAL ENGINEERING AND CONSULTING GMBH v DO FLUORIDE CHEMICALS CO LTD
[2021] Lloyd's Rep. Plus 84
Arbitration – Enforcement of award – Dispute as to whether conditions in award had been met – Jurisdiction of enforcing court – Arbitration Act 1996, section 101.
RAV BAHAMAS LTD AND ANOTHER v THERAPY BEACH CLUB INC (BAHAMAS)
[2021] Lloyd's Rep. Plus 85
Arbitration – Serious irregularity – Breach of rules of natural justice – Failure to deal with all issues – Substantial injustice – Arbitration Act 2009 (Bahamas), section 90 – Arbitration Act 1996, section 68.
CJD v CJE AND ANOTHER
[2021] Lloyd's Rep. Plus 86
Arbitration – Joinder of a third party – Award – Whether third party agreed in writing to be joined – LCIA Rules, article 22.1(x).
TECOIL SHIPPING LTD v NEPTUNE EHF AND OTHERS (THE “POSEIDON”) (NO 2)
[2021] Lloyd's Rep. Plus 87
Admiralty practice – Collision action – Claimant obtaining default judgment in rem – Insurers refusing to comply with letter of undertaking on basis that LOU only responded to in personam judgment – Claimant bringing separate in personam proceedings against owners and insurers – Insurers applying to set aside default judgment against owners – Whether default judgment against owners should be set aside – CPR 61.9 – CPR Part 12.
IS PRIME LTD v TF GLOBAL MARKETS (UK) LTD AND OTHERS
[2021] Lloyd's Rep. Plus 88
Arbitration – Stay of judicial proceedings – Tiered dispute resolution clause providing for non-binding arbitration – Whether process constituted “arbitration” – Arbitration Act 1996, sections 6, 9 and 58 – Senior Courts Act 1981, section 49.
WOOD v COMMERCIAL FIRST BUSINESS LTD AND OTHERS BUSINESS MORTGAGE FINANCE 4 PLC v PENGELLY
[2021] Lloyd's Rep. Plus 89
Bribery – Commissions paid to broker for arranging loans – Right of borrower to rescind loans – Whether fiduciary duty required – Secret and half-secret commissions.
PAKISTAN INTERNATIONAL AIRLINES CORPORATION v TIMES TRAVEL (UK) LTD UKRAINE AND OTHERS (INTERVENING)
[2021] Lloyd's Rep. Plus 90
Contract – Economic duress – Threat by defendant to exercise right of termination of contract unless claimant waived claims for commission under renewed contract – Scope of lawful act duress.
CVLC THREE CARRIER CORPORATION AND ANOTHER v ARAB MARITIME PETROLEUM TRANSPORT CO (THE “ANBAR” AND THE “HILLAH”)
[2021] Lloyd's Rep. Plus 91
Contract – Guarantee – Third party guaranteeing charterer’s obligations under charterparty as primary obligor – Guarantee expressed to be in consideration of owners entering into charterparty – Owners bringing arbitration proceedings against guarantor based on alleged breaches by charterers – Owners applying to foreign court for arrest of vessel owned by guarantor as security for claim under guarantee – Whether implied term of guarantee that owners would not seek security over and above that provided by the contracts of guarantee and indemnity.
THE “CARAKA JAYA NIAGA III-11”
[2021] Lloyd's Rep. Plus 92
Admiralty practice – Collision action – Plaintiffs bringing claim against defendant vessel – Defendant bringing cross-claim against plaintiffs’ vessel – Defendant’s claim time-barred – Parties agreeing to apportion liability 40 per cent to plaintiffs and 60 per cent to defendant – Whether defendant entitled to rely on single liability principle in diminution of plaintiffs’ claim.
DYNASTY COMPANY FOR OIL AND GAS TRADING LTD v KURDISTAN REGIONAL GOVERNMENT OF IRAQ AND ANOTHER
[2021] Lloyd's Rep. Plus 93
Sovereign immunity – Service of proceedings – Forum non conveniens – State Immunity Act 1978, sections 12 and 14 – Brussels Regulation Recast, Council Regulation (EU) No 1215/2012 – Forum non conveniens.
LENKOR ENERGY TRADING DMCC v PURI
[2021] Lloyd's Rep. Plus 94
Enforcement of judgment – Recognition of foreign judgment – Whether court should refuse to recognise Dubai court judgment on basis that it would be contrary to public policy.
SEPTO TRADING INC v TINTRADE LTD (THE “NOUNOU”)
[2021] Lloyd's Rep. Plus 95
Sale of goods (fob) – Cargo of fuel oil – Whether Certificate of Quality binding on parties – Whether buyer precluded from claiming that cargo was off spec.
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD
[2021] Lloyd's Rep. Plus 96
Limitation of liability – Whether claim for wreck removal expenses subject to limitation – Convention on Limitation of Liability for Maritime Claims 1976, article 2 – Hong Kong Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434, schedule 2 and section 15.
BEGUM (ON BEHALF OF MOLLAH) v MARAN (UK) LTD
[2021] Lloyd's Rep. Plus 97
Practice – Summary judgment – Duty of care – Bangladeshi worker suffering fatal accident in course of demolition of vessel in Bangladeshi shipyard – Widow bringing action in negligence against English company responsible for selling vessel for scrap – Defendant applying for reverse summary judgment on basis that no arguable duty of care was owed – Whether arguable that defendant owed duty of care – Whether claim time-barred under Bangladeshi law – Whether claim should be struck out – Regulation (EC) No 864/2007 (Rome II Regulation) – CPR 24.2 and 3.4.
REGAL SEAS MARITIME SA v OLDENDORFF CARRIERS GMBH & CO KG (THE “NEW HYDRA”)
[2021] Lloyd's Rep. Plus 98
Charterparty (Time) – Hire – Hire to be calculated by reference to Baltic Capesize Index “plus 4% for size adjustment” – Baltic Exchange changing size of benchmark vessel during course of charter – Whether implied term that percentage size adjustment should be revised so as to become a reasonable percentage size adjustment.
BTN AND ANOTHER v BTP AND ANOTHER
[2021] Lloyd's Rep. Plus 99
Arbitration – Tribunal ruling that it was bound by decisions of the Malaysian Industrial Court – Whether tribunal had jurisdiction– Procedural irregularity – Public policy.
YL v ALTENRHEIN LUFTFAHRT GMBH
[2021] Lloyd's Rep. Plus 100
Air transport – Montreal Convention 1999 – Injury suffered from hard landing within ordinary operating range of aircraft – Whether there was an “accident” – Meaning of “unforeseen”.
VARANO v AIR CANADA
[2021] Lloyd's Rep. Plus 101
Air transport – Flight from EU – Connecting flight outside EU delayed – Whether passenger entitled to compensation – Regulation (EC) No 261/2004.
ARMADA SHIP MANAGEMENT (S) PTE LTD v SCHISTE OIL AND GAS NIGERIA LTD
[2021] Lloyd's Rep. Plus 102
Arbitration – Jurisdiction – Preliminary ruling on jurisdiction – Whether ruling should be made where respondent refused to participate in the arbitration – Arbitration Act 1996, sections 32 and 72.
VALE SA AND OTHERS v STEINMETZ AND OTHERS
[2021] Lloyd's Rep. Plus 103
Arbitration – Effect of award on third party – Res judicata – Issue estoppel.
EURONAV NV v REPSOL TRADING SA (THE “MARIA”)
[2021] Lloyd's Rep. Plus 104
Demurrage – Time bar – Charterparty providing for demurrage claims to be notified to charterers within 30 days after completion of discharge – Whether “date of completion” to be ascertained according to local time at place of discharge or according to time zone which had the closest and most real connection with the provision in question – Whether claim time-barred – Summary judgment – Civil Procedure Rules, Part 24.
BETAMAX LTD v STATE TRADING CORPORATION (MAURITIUS)
[2021] Lloyd's Rep. Plus 105
Arbitration – Challenge to award – Allegation of illegality – Finding by tribunal that contract was not illegal – Power of court to intervene.
PROVINCE OF BALOCHISTAN v TETHYAN COPPER CO PTY LTD
[2021] Lloyd's Rep. Plus 106
Arbitration – Jurisdiction – Issue estoppel – Waiver by election – Arbitration Act 1996, sections 67 and 73.
HUB STREET EQUIPMENT PTY LTD v ENERGY CITY QATAR HOLDING CO
[2021] Lloyd's Rep. Plus 107
Arbitration – Enforcement of award – New York Convention – Tribunal not appointed in accordance with the parties’ agreement – Whether award should be enforced – Burden of proof – Discretion of court.
W v AW
[2021] Lloyd's Rep. Plus 108
Arbitration – Serious irregularity – Issue estoppel – Two arbitrations between the same parties on the same issues – Opposite conclusions reached – Whether second award should be set aside – Apparent bias.
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2021] Lloyd's Rep. Plus 109
Procedure – State immunity – Enforcement of arbitration award – Service of enforcement order against a state – Whether procedure under section 12(1) of the State Immunity Act 1978 was mandatory – Power of court to disapply procedure under CPR 6.16 and 6.28 – Effect of Human Rights Act 1998 – Arbitration Act 1996, section 101.
C v D
[2021] Lloyd's Rep. Plus 110
Arbitration – Jurisdiction – Admissibility – Tribunal ruling that a condition precedent to arbitration in a dispute resolution clause had been complied with – Whether tribunal had exceeded jurisdiction – UNCITRAL Model Arbitration Law.
NATIONAL OILWELL VARCO NORWAY AS v KEPPEL FELS LTD
[2021] Lloyd's Rep. Plus 111
Arbitration – Enforcement of award – Proceedings conducted in name of company no longer in existence – Whether award in favour of the company was enforceable.
DVB BANK SE (FORMERLY NAMED DVB BANK AG) AND ANOTHER v VEGA MARINE LTD AND OTHERS
[2021] Lloyd's Rep. Plus 112
Procedure – Service on process agent of documents other than claim form – Summary judgment – CPR 6.11(1).
NAVISION SHIPPING A/S v PRECIOUS PEARLS LTD CONTI LINES SHIPPING NV v NAVISION SHIPPING A/S (THE “MOOKDA NAREE”)
[2021] Lloyd's Rep. Plus 113
Charterparty (Time) – Off-hire – Vessel arrested at discharge port pursuant to cargo claim by third party against sub-charterer – Whether arrest occasioned by act or omission of sub-charterer – Whether vessel off-hire – Whether head charterer in breach of clause requiring head charterer to accept responsibility “for cargo claims from third parties” in West African ports.
A v B (THE “TAI HUNTER”)
[2021] Lloyd's Rep. Plus 114
Sale of goods (fob) – Sale of Ukrainian feed corn – Buyers making invalid nomination of vessel – Sellers purporting to terminate contract – Whether false nomination was breach of condition – Whether nominated vessel had to have been already chartered by buyers – Whether buyers’ obligation to provide copy of charterparty was a condition – Arbitration – Serious irregularity – Whether GAFTA Board of Appeal failed to consider various matters – Arbitration Act 1996, sections 68 and 69.
ALPHA MARINE CORPORATION v MINMETALS LOGISTICS ZHEJIANG CO LTD (THE “SMART”)
[2021] Lloyd's Rep. Plus 115
Charterparty (Time) – Whether implied term that owners would not revoke charterers’ authority to collect bill of lading freight from sub-charterer unless hire and/or sums were due to the owners under the charterparty – New York Produce Exchange form.
KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)
[2021] Lloyd's Rep. Plus 116
Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party’s parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 103(2)(b) and 103(5).
GALTRADE LTD v BP OIL INTERNATIONAL LTD (THE “PIONEER”)
[2021] Lloyd's Rep. Plus 117
Sale of goods (fob) – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer’s rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller’s loss – Sale of Goods Act 1979, sections 50 and 53.
BP OIL INTERNATIONAL LTD v VEGA PETROLEUM LTD AND ANOTHER
[2021] Lloyd's Rep. Plus 118
Sale of goods (fob) – Contract for sale of crude oil – Buyer paying price but not receiving any crude oil – Buyer claiming return of sums in unjust enrichment on basis of failure of consideration – Seller contending that contract was inconsistent with buyer’s right to claim money back – Whether buyer entitled to return of sums paid.
E STRAHLMANN GMBH & CO REEDEREI KG MS “VENTURA” v INTERFEED BV (THE “VENTURA”)
[2021] Lloyd's Rep. Plus 119
Charterparty (Voyage) – Charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsory applicable to bill of lading – Court at discharge port upholding bill of lading holder’s cargo claim against shipowner on basis of Hamburg Rules – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976, clauses 2 and 9.
THE “LUNA” AND ANOTHER APPEAL
[2021] Lloyd's Rep. Plus 120
Carriage of goods by sea – Bills of lading – Whether documents of title or mere receipts.
ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE “CMA CGM LIBRA”)
[2021] Lloyd's Rep. Plus 121
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether vessel’s passage plan defective – Whether defective passage plan made vessel unseaworthy – Whether owners failed to exercise due diligence – York-Antwerp Rules – Hague Rules, article III, rule 1.
K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”)
[2021] Lloyd's Rep. Plus 122
Charterparty (Voyage) – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners.
SILVERMAN v RYANAIR DAC
[2021] Lloyd's Rep. Plus 123
Aviation – Personal injury – Conflict of laws – Law applicable to claim – Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) 1999 – 2002 Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order (SI 2002 No 263) –Regulation 593/2008/EC on the law applicable to contractual obligations (Rome I) –Regulation 864/2007/EC on the law applicable to non-contractual obligations (Rome II).