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Lloyd's Law Reports RSS feed

GREAT ELEPHANT CORPORATION v TRAFIGURA BEHEER BV (THE “CRUDESKY”)

Charterparty (Voyage) – Demurrage – Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil – Whether charterers liable to pay demurrage at full or half rate – “Restraint of princes” – Whether cause of delay within “reasonable control of Charterers” – BPVOY3 form, clause 21. – Sale of goods (fob) – Whether buyers entitled to pass on demurrage liabilities to sellers – Whether sellers in breach of express or implied terms of contract – Whether sellers entitled to rely on force majeure exception – Whether cause of delay within “reasonable control of either party” – Whether unlawful act of Government minister broke chain of causation – Sale of Goods Act 1979, section 12(2)(b).

[2014] 1 Lloyd's Rep. 1

GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD (THE “OCEAN VICTORY”)

Charterparty (Time) – Safe port warranty – Hull insurers bringing subrogated claim against charterers for breach of safe port warranty – Whether port of Kashima, Japan was a safe port – Whether unsafety of port caused casualty – Whether hull insurers entitled to bring subrogated claim for value of vessel – Limitation – Interpretation of demise charterparty – Barecon 89 form.

[2014] 1 Lloyd's Rep. 59

PROTON ENERGY GROUP SA v ORLEN LIETUVA

Contract – Sale of goods cif – Formation of contract – Negotiations for sale and purchase of quantity of crude oil mix – Whether binding contract concluded – Whether buyers in repudiatory breach – Whether sellers suffered loss – Whether buyers would have been entitled to reject goods for misdescription – Sale of Goods Act 1979, section 13.

[2014] 1 Lloyd's Rep. 100

JETIVIA SA AND ANOTHER v BILTA (UK) LTD AND OTHERS

Ex turpi causa – Attribution of fraud – Directors defrauding company – Whether claim by company possible against directors by reason of attribution – Insolvency Act 1986, section 213 – Whether section had extra-territorial effect.

[2014] 1 Lloyd's Rep. 113

BARNWELL ENTERPRISES LTD v ECP AFRICA FII INVESTMENTS LLC

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.

[2014] 1 Lloyd's Rep. 171

CATERPILLAR (NI) LTD v JOHN HOLT & CO (LIVERPOOL) LTD

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.

[2014] 1 Lloyd's Rep. 180

JSC BTA BANK v ABLYAZOV

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.

[2014] 1 Lloyd's Rep. 195

MAN ENTERPRISE SAL v AL-WADDAN HOTEL LTD

Arbitration – Appointment of arbitrator – FIDIC Conditions 1987 – Test for appointment – Arbitration Act 1996, sections 15, 16 and 18.

[2014] 1 Lloyd's Rep. 217

PRIMERA MARITIME (HELLAS) LTD AND OTHERS V JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER

Arbitration – Award – Serious irregularity – Claimant buyers contending that sellers had renounced shipbuilding contracts – Arbitrators dismissing claim on basis that buyers affirmed contract – Buyers challenging award on basis that arbitrators failed to deal with issues that had been put to them – Arbitration Act 1996, section 68.

[2014] 1 Lloyd's Rep. 255

DANY LIONS LTD v BRISTOL CARS LTD

Contract – Mistake – Frustration – Defendant agreeing to carry out substantial works to claimant's 1955 Bristol motor car including provision of automatic gearbox – Works not carried out – Defendant pleading that contract was void for common mistake alternatively was frustrated on basis that transmission could not in fact be converted to automatic whilst retaining the car's full functionality – Claimant applying for summary judgment – Relevant principles – Whether contract void for mistake or frustrated

[2014] 1 Lloyd's Rep. 281

DIAG HUMAN SE v CZECH REPUBLIC

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.

[2014] 1 Lloyd's Rep. 288

FORD v MALAYSIAN AIRLINE SYSTEMS BERHAD

International carriage by air – Passenger given injection of diuretic during flight by medically qualified fellow passenger – Passenger suffering “bodily injury” in form of exacerbated discomfort as result of injection – Whether injury caused by “accident” – Montreal Convention 1999, article 17

[2014] 1 Lloyd's Rep. 301

THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN AND ANOTHER (THE “PRESTIGE”) (NO 2)

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).

[2014] 1 Lloyd's Rep. 309

BUNGE SA v NIBULON TRADING BV

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.

[2014] 1 Lloyd's Rep. 393

BUNGE SA v NIDERA BV

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.

[2014] 1 Lloyd's Rep. 404

E D & F MAN SUGAR LTD v UNICARGO TRANSPORTGESELLSCHAFT MBH (THE “LADYTRAMP”)

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.

[2014] 1 Lloyd's Rep. 412

FEEST v SOUTH WEST STRATEGIC HEALTH AUTHORITY AND ANOTHER

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.

[2014] 1 Lloyd's Rep. 419

BCEN-EUROBANK NOW KNOWN AS VTB BANK (FRANCE) SA v VOSTOKRYBPROM CO LTD AND OTHERS (THE “PHOENIX”)

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.

[2014] 1 Lloyd's Rep. 449

GRIFFON SHIPPING LLC v FIRODI SHIPPING LTD (THE “GRIFFON”)

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.

[2014] 1 Lloyd's Rep. 471

HABAS SINAI VE TIBBI GAZLAR ISTIHSAL ENDUSTRISI AS v VSC STEEL CO LTD

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.

[2014] 1 Lloyd's Rep. 479

MANZI AND ANOTHER v CAPITANERIA DI PORTO DI GENOVA (THE “MSC ORCHESTRA”)

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).

[2014] 1 Lloyd's Rep. 496

BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND OTHERS

Carriage of goods by road – CMR – Jurisdiction – 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.

[2014] 1 Lloyd's Rep. 503

THE “CHEM ORCHID”

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).

[2014] 1 Lloyd's Rep. 520

INTERPRODS LTD v DE LA RUE INTERNATIONAL LTD

Arbitration – Jurisdiction – Whether arbitration clause extended to allegations of criminality – Serious irregularity – Apparent bias – Arbitration Act 1996, sections 67 and 68.

[2014] 1 Lloyd's Rep. 540

TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE 'VALLE DI CORDOBA')

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.

[2014] 1 Lloyd's Rep. 550

BAT INDUSTRIES PLC v WINDWARD PROSPECTS LTD AND OTHERS

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.

[2014] 1 Lloyd's Rep. 559

BDMS LTD v RAFAEL ADVANCED DEFENCE SYSTEMS

Arbitration – Stay of proceedings – Rules of the International Chamber of Commerce – Refusal of defendant to pay its share of advancev costs without security – Arbitration reference revoked – Whether agreement rendered inoperative – Arbitration Act 1996, section 9(4).

[2014] 1 Lloyd's Rep. 576

Seagrain LLC v Glencore Grain BV

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.

[2014] 1 Lloyd's Rep. 598

THE OWNERS AND/OR BAILEES OF THE CARGO OF THE SHIP “PANAMAX STAR” v THE OWNERS OF THE SHIP “AUK”

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).

[2014] 1 Lloyd's Rep. 606

COTTONEX ANSTALT v PATRIOT SPINNING MILLS LTD

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.

[2014] 1 Lloyd's Rep. 615

OMV SUPPLY AND TRADING AG v KAZMUNAYGAZ TRADING AG (FORMERLY VECTOR ENERGY AG)

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.

[2014] 1 Lloyd's Rep. 647

S E T SELECT ENERGY GMBH v F & M BUNKERING LTD

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.

[2014] 1 Lloyd's Rep. 652

YEMGAS FZCO AND OTHERS v SUPERIOR PESCADORES SA PANAMA (THE “SUPERIOR PESCADORES”)

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 under Hague Rules – Hague-Visby Rules, article IV, rule 5(g).

[2014] 1 Lloyd's Rep. 660