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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