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SEACONSAR FAR EAST LTD. v. BANK MARKAZI JOMHOURI ISLAMI IRAN

[1994] 1 Lloyd's Rep. 1

Banking - Letter of credit - Bank alleged discrepancies in shipping documents - Bank rejected documents - Whether documents conformed to letter of credit - Whether rejection in time - Whether plaintiffs had good arguable case on the merits - Whether leave to serve out of jurisdiction should be set aside.

KNOWLES v. LIVERPOOL CITY COUNCIL

[1994] 1 Lloyd's Rep. 11

Negligence - Personal injury - Employers’ liability - Workman injured finger on flagstone - Whether employers liable - Whether flagstone equipment - Employer’s Liability (Defective Equipment) Act, 1969, s. 1(1).

MCFARLANE v. E.E. CALEDONIA LTD.

[1994] 1 Lloyd's Rep. 16

Negligence - Personal injury - Duty of care - Defendants operators of Piper Alpha Rig - Fire broke out on rig - Plaintiff suffered psychiatric injury - Whether defendants owed plaintiff a duty to exercise reasonable care to avoid causing him injury.

COBELFRET N.V. v. CYCLADES SHIPPING CO. LTD. (THE “LINARDOS”)

[1994] 1 Lloyd's Rep. 28

Charter-party (Voyage) - Notice of readiness - Validity - Vessel gave notice of readiness - No loading berth available but vessel not ready to load because holds insufficiently clean - Whether notice of readiness valid - Whether award should be remitted.

WAVERLEY S.F. LTD. v. CARNAUD METALBOX ENGINEERING PLC.

[1994] 1 Lloyd's Rep. 38

Arbitration - Section 5 application - Contract between plaintiffs and defendants for installation of ducting - Plaintiffs claimed moneys allegedly due under contract - Dispute referred to arbitration - Plaintiffs alleged defendants failed to comply with arbitrators’ directions in respect of discovery and expert evidence - Whether s. 5 application should be granted - Arbitration Act, 1979 s. 5.

SUMITOMO HEAVY INDUSTRIES LTD. v. OIL AND NATURAL GAS COMMISSION

[1994] 1 Lloyd's Rep. 45

Arbitration - Section 5 application - Jurisdiction - Forum non conveniens - Orders made in aid of arbitration commenced in London between plaintiffs and defendants - Application to set aside - Allegations of non-disclosure of material facts - Whether England more appropriate forum - Whether orders should be set aside - Indian Arbitration Act, 1940, s. 33 - Arbitration Act, 1979, s. 5

CPC CONSOLIDATED POOL CARRIERS G.m.b.H. v. CTM CIA TRANSMEDITERRANEA S.A. (THE “CPC GALLIA”)

[1994] 1 Lloyd's Rep. 68

Carriage by sea - Negotiations - “Subject to details/logical amendments” - Meaning and effect - Brokers negotiating contract incorporating terms of carriers’ bill of lading contained in Conline booking note - Whether valid and binding agreement - Whether application to appoint sole arbitrator should be granted.

SEABOARD OFFSHORE LTD. v. SECRETARY OF STATE FOR TRANSPORT (THE “SAFE CARRIER”)

[1994] 1 Lloyd's Rep. 75

Ship’s management - Safe operation of vessel - Vessel sailed before chief engineer familiar with machinery - Engines broke down and vessel taken in tow - Whether managers liable for failing to secure that vessel operated in a safe manner - Whether managers vicariously liable - Merchant Shipping Act, 1988, s. 31.

NEWBURY INTERNATIONAL LTD. v. RELIANCE NATIONAL INSURANCE CO. (U.K.) LTD. AND TYSER SPECIAL RISKS LTD.

[1994] 1 Lloyd's Rep. 83

Insurance (Prize Indemnity) - Non-disclosure - Repudiation - Plaintiffs through brokers insured risk of racing driver achieving top three series position in New Zealand International Formula Ford series - Insurers alleged non-disclosure of material facts relating to racing drivers’ past performance - Whether insurers entitled to repudiate policy. Insurance brokers - Prize indemnity insurance - Wagering contracts - Plaintiffs through brokers insured risk of racing driver achieving top three series position in Formula Ford series - Insurers repudiated policies for non-disclosure - Whether policies wagering contracts - Whether insured had insurable interest - Whether brokers liable.

CEFETRA B.V. v. ALFRED C TOEPFER INTERNATIONAL G.m.b.H.

[1994] 1 Lloyd's Rep. 93

Sale of goods (c.i.f.) - Samples - Costs of appointing independent superintendent at discharge port - Sale of corn gluten feed pellets - Contract provided for analysis to be declared on tender - Buyers appointed superintendents for taking of samples at port of discharge - Whether costs recoverable from sellers.

FAKIH BROTHERS v. A. P. MOLLER (COPENHAGEN) LTD AND OTHERS

[1994] 1 Lloyd's Rep. 103

Practice - Mareva injunction - Carriage by sea - Plaintiffs alleged short delivery - Club guarantee given - In contravention of guarantee plaintiffs arrested vessel and commenced proceedings in Sierra Leone - Defendants obtained Mareva injunction - Whether injunction should be discharged or varied. Practice - Notice of discontinuance - Carriage by sea - Plaintiffs alleged short delivery - Writ issued - Club guarantee given - In contravention of guarantee plaintiffs arrested vessel and commenced proceedings in Sierra Leone - Plaintiffs served notice of discontinuance - Whether notice should be set aside as an abuse of process of Court.

A. CO. LTD. v. REPUBLIC OF X AND COMMISSION OF THE EUROPEAN COMMUNITIES

[1994] 1 Lloyd's Rep. 111

Practice - Garnishee order - Intervenors - Amount in “SIP” account subject to order - Order to be made absolute - Intervention by EC Commission - Whether amount in account subject to trust or equitable interest - Whether Community law precluded order from being made absolute - Whether a proper exercise of discretion if order made absolute.

SARIS v. WESMINSTER TRANSPORTS S.A. AND KESTREL MARINE LTD.

[1994] 1 Lloyd's Rep. 115

Practice - Writ - Extension of validity of writ - Application to set aside - Dispute under bills of lading - Concurrent writ not served on second defendants within time - Writ against first defendants extended - Effect of order was writ extended against second defendants - Failure to disclose material facts in affidavit - Whether extension of validity writ should be set aside.

ACKMAN AND OTHERS AND SCHER AND OTHERS v. THE POLICYHOLDERS PROTECTION BOARD, ROYAL INSURANCE (U.K.) LTD. AND NEW HAMPSHIRE INSURANCE CO. (NO. 2)

[1994] 1 Lloyd's Rep. 121

Insurance (Professional Liability) - Policyholders Protection Board - Professional individuals and professional corporations in New York and Canada insured against professional negligence - Insurers insolvent - Whether policies United Kingdom policies - Whether plaintiffs private policyholders - Meaning of “liability” - Whether plaintiffs could claim against board - Policyholders Protection Act, 1975, ss. 4, 6(7), 8(2) - Insurance Companies Act, 1982, s. 96.

THE “CENTURY DAWN” AND “ASIAN ENERGY”

[1994] 1 Lloyd's Rep. 138

Collision - Crossing vessels - Collision off Singapore - Collision occurred within traffic separation scheme - Liability for collision - Apportionment of liability.

INTERNATIONAL FINA SERVICES A.G. v. KATRINA SHIPPING LTD. AND TONEN TANKER KABUSHIKI KAISHA (THE “FINA SAMCO”)

[1994] 1 Lloyd's Rep. 153

Charter-party (Time) - Duty to maintain clause - Indemnity - Off-hire - Eleven stoppages of discharge due to boiler trouble - Vessel ordered off berth due to deteriorating weather conditions - Seawater found to have entered boiler through crack in condenser - Whether owners failed to comply with duty to maintain obligation - Whether vessel off-hire - Whether charterers entitled to be indemnified for loss of time.

PETREDEC LTD. v. TOKUMARU KAIUN CO. LTD. (THE “SARGASSO”)

[1994] 1 Lloyd's Rep. 162

Arbitration - Limitation of time - Ad hoc arbitration agreement - Dispute under charter-party - Whether agreement to refer disputes to arbitration - Whether arbitration proceedings commenced in time - Discretion of Court to appoint arbitrator.

AGGELIKI CHARIS COMPANIA MARITIMA S.A. v. PAGNAN S.p.A. (THE “ANGELIC GRACE”)

[1994] 1 Lloyd's Rep. 168

Arbitration - Jurisdiction - Vessel collided with lightening vessel - Whether claims made in London and in Italy within arbitration clause and within jurisdiction of London arbitrators - Whether charterers should be restrained from proceeding in Italy.

SUNDANCE CRUISES CORPORATION, SCI CRUISES INC. v. THE AMERICAN BUREAU OF SHIPPING (THE “SUNDANCER”)

[1994] 1 Lloyd's Rep. 183

Negligence - Classification society - Classification certificates - Vessel registered in the Bahamas - SOLAS and Loadline certificates and classification society certificate issued - Vessel struck underwater rock and sank - Whether classification society liable - Whether Bahamian law applied - Whether society entitled to rely on Bahamian immunity statute.

GLEBE ISLAND TERMINALS PTY. LTD. v. CONTINENTAL SEAGRAM PTY LTD. AND ANOTHER (THE “ANTWERPEN”)

[1994] 1 Lloyd's Rep. 213

Bill of lading - Himalaya clause - Indemnity - Goods stolen from terminal before delivery - Whether theft connived at by employees of terminal operator - Whether carrier entitled to rely on exclusion clause - Whether terminal operator could rely on Himalaya clause - Whether terminal operator entitled to be indemnified by carrier under conditions of offer.

L’OFFICE CHERIFIEN DES PHOSPHATES AND UNITRAMP S.A. v. YAMASHITA-SHINNIHON STEAMSHIP CO. LTD. (THE “BOUCRAA”)

[1994] 1 Lloyd's Rep. 251

Arbitration - Delay in prosecution - Dispute under charter referred to arbitration - Power conferred by s. 13A of Arbitration Act 1950 to dismiss claim on ground of claimant’s inordinate or inexcusable delay in pursuing arbitration - Arbitrator exercised power dismissing claim - Delay occurred before s. 13A in force - Whether s. 13A had retrospective effect.

CAMBRIDGE WATER CO. v. EASTERN COUNTIES LEATHER PLC

[1994] 1 Lloyd's Rep. 261

Negligence - Strict liability - Rule in Rylands v. Fletcher - Contamination of water caused by solvent PCE used by defendants - Whether defendants liable on rule in Rylands v. Fletcher - Whether reasonably foreseen that PCE would contaminate water used by plaintiffs - Whether use by defendants of its land a natural use.

KUWAIT AIRWAYS CORPORATION v. IRAQ AIRWAYS COMPANY AND REPUBLIC OF IRAQ

[1994] 1 Lloyd's Rep. 276

Conflict of laws - Sovereign immunity - Jurisdiction - Invasion of Kuwait by Iraq - Defendants instructed to bring Kuwaiti fleet to Iraq - Whether defendants immune from jurisdiction of English Courts - Whether immunity lost by submitting to jurisdiction - State Immunity Act, 1978 ss. 2, 14(2).

KUWAIT AIRWAYS CORPORATION v. IRAQ AIRWAYS COMPANY AND REPUBLIC OF IRAQ (No. 2)

[1994] 1 Lloyd's Rep. 284

THE “ANNA H”

[1994] 1 Lloyd's Rep. 287

Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Damage to cargo - Defendants domiciled in Contracting State - Præcipe for caveat against arrest issued - Vessel arrested but released immediately - Bail bond given - Whether vessel arrested to secure maritime claim - Whether arrest within meaning of Arrest Convention - Whether præcipe and bail bond submission to jurisdiction - Civil Jurisdiction and Judgments Act, 1982 s. 26, arts. 2, 57 - Arrest Convention 1952 art. 7.

HUYTON S.A. v. INTER OPERATORS S.A. (THE “STAINLESS EMPEROR”)

[1994] 1 Lloyd's Rep. 298

Charter-party (Voyage) - Demurrage - “Used laytime” - Dispute as to calculation of laytime - Charterers failed to have complete cargo available on arrival of vessel at loading port - Whether delay caused to count as used laytime - Whether holiday exception applied - Whether award should be remitted.

TOPRAK ENERJI SANAYI A.S. v. SALE TILNEY TECHNOLOGY PLC.

[1994] 1 Lloyd's Rep. 303

Practice - Procedure - Substitution of plaintiffs - Dispute between Turkish plaintiffs and English defendants on sale contract - Defendants made two payments into Court - Plaintiffs merged and absorbed by third party - Whether Court had power to substitute third party for plaintiffs - Whether power could be exercised after expiry of limitation period - Whether limitation period had expired - Whether Court should exercise its discretion and substitute third party for plaintiffs - Whether defendants could withdraw money paid into Court.

MARK EDMUND DENBY AND OTHERS v. THE HELLENIC MEDITERRANEAN LINES CO. LTD.

[1994] 1 Lloyd's Rep. 320

Practice - Jurisdiction - Stay of action - Marine insurance - Defendants insured against cancellation on ferries - Clause provided “this insurance is subject to English jurisdiction” - Dispute between insured and underwriters - Whether clause an exclusive jurisdiction clause - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982 art. 17.

GULF BANK K.S.C. v. MITSUBISHI HEAVY INDUSTRIES LTD.

[1994] 1 Lloyd's Rep. 323

Practice - Contract - Jurisdiction - Stay of action - Advance payment guarantee and counter indemnity issued in respect of supply of plant to Ministry in Kuwait - Negotiations for resumption of contract after Iraq evicted from Kuwait failed - Ministry advised plaintiffs guarantee would be invoked - Defendants repudiated counter-indemnity - Whether plaintiffs’ claim within R.S.C., O. 11, r. 1(1)(d) - Whether leave to serve out of jurisdiction should be set aside - Whether defendants entitled to a stay.

AMOCO (U.K.) EXPLORATION CO. AND OTHERS v. AMERADA HESS LTD. AND OTHERS

[1994] 1 Lloyd's Rep. 330

Practice - Stay of action - Determination by expert - Parties licensees of Scott Oil Field - Dispute resolution procedure - No legal proceedings to be brought on matters referred to expert - Plaintiffs sought determination of Court on data or material parties might refer to in submissions to expert - Whether action should be stayed.

CALTEX REFINING CO. PTY LTD. v. BHP TRANSPORT LTD. (THE “IRON GIPPSLAND”)

[1994] 1 Lloyd's Rep. 335

Carriage by sea - Damage to cargo - “Clean cargo” loaded onto “dirty ship” - Cargo contaminated - Amount of information to be included in voyage orders - Whether carriers liable.

PAN OCEAN SHIPPING CO. LTD. v. CREDITCORP LTD. (THE “TRIDENT BEAUTY”)

[1994] 1 Lloyd's Rep. 365

Charter-party (Time) - Hire - Hire payable in advance - Shipowners assigned freight receivables to bank - Vessel off-hire - Charterers paid hire in advance to bank - Vessel failed to comply with charterers’ orders - Charterers treated charter as repudiated and claimed return of hire payment - Whether advance payment not having been earned repayable - Whether bank could resist claim by showing that after payment they altered their position or acted to their detriment.

THE “MALOJA II”

[1994] 1 Lloyd's Rep. 374

Collision - Crossing vessels - Collision off the coast of Newfoundland - Both vessels failed to comply with the Collision Regulations 1972 - Faults in navigation - Apportionment of liability.

HAMED EL CHIATY & CO. (T/A TRAVCO NILE CRUISE LINES) v. THE THOMAS COOK GROUP LTD. (THE “NILE RHAPSODY”)

[1994] 1 Lloyd's Rep. 382

Charter-party (Time - Stay of action - Jurisdiction - Forum non conveniens - Plaintiffs claimed damages under the contract - Charters prescribed Egyptian law as property law of contract but silent as to jurisdiction - Whether parties orally agreed contracts subject to exclusive jurisdiction of Egyptian Courts - Whether Egypt more appropriate forum - Whether action should be stayed.

LONDON TOBACCO CO. (OVERSEAS) LTD. AND OTHERS v. DFDS TRANSPORT LTD. AND OTHERS AND SUN ALLIANCE AND LONDON INSURANCE PLC. (THIRD PARTY)

[1994] 1 Lloyd's Rep. 394

Insurance (Carriers’ Transit) - Carriage by road - Theft of consignment - Carrier sub-contracted carriage - Sub-contractor involved in theft - Carriers claimed under policy - Whether such theft covered by policy.

THE “HAMBURG STAR”

[1994] 1 Lloyd's Rep. 399

Carriage by sea - Jurisdiction - Application to strike out - Stay of action - Bills of lading issued by plaintiffs in respect of all but three containers - Loss of containers - Whether plaintiffs had sufficient interest to sue in negligence or for alleged breach of shipowners duties - Whether claims for contribution and indemnity outside Admiralty jurisdiction - Whether claims should be struck out - Whether action should be stayed. Admiralty practice - Stay of action - Loss of containers - Plaintiffs commenced proceedings in Cyprus - Defendants commenced limitation proceedings in Cyprus - Whether Cyprus more appropriate forum - Whether action should be stayed.

STARGAS S.p.A v. PETREDEC LTD. (THE “SARGASSO”)

[1994] 1 Lloyd's Rep. 412

Charter-party (Time) - Indemnity - Measure of damages - Contamination of cargo - Voyage charterers awarded damages for breach of voyage charter against time charterers - Whether disponent owners exercised reasonable care over carriage and discharge of cargo - Whether time charterers entitled to be indemnified by disponent owners - Measure of damages - Shortage claims - Counterclaim for hire or damages during period vessel off hire.

ACADA CHEMICALS LTD. v. EMPRESA NACIONAL PESQUERA S.A.

[1994] 1 Lloyd's Rep. 428

Carriage by sea - Limitation of time - Sale of fish-meal on c & f terms - Sellers claimed discharge port demurrage - Buyers ignored debit note and reminders - Sellers brought arbitration proceedings - Whether sellers’ claims time barred.

GAMLESTADEN PLC v. CASA DE SUECIA S.A. AND HANS THULIN

[1994] 1 Lloyd's Rep. 433

Practice - Jurisdiction - Loan agreement between English plaintiffs and Spanish defendants - Dispute under agreement - Whether English Court had jurisdiction - Whether Spanish Court first seised - Whether defendants entitled to amend summons - Whether application to set aside proceedings should be granted - Civil Jurisdiction and Judgments Act 1982, arts. 5(1), 17, 21 - R.S.C. O. 12, r. 8.

NESTE PRODUCTION LTD. AND ANOTHER v. SHELL UK LTD AND OTHERS

[1994] 1 Lloyd's Rep. 447

Practice - Expert - North Sea exploration - Agreement for determination of parties’ equitable share in the venture - Discussion to amend clause in agreement - Whether expert or Court should determine whether clause varied.

GREAT CHINA METAL INDUSTRIES CO. LTD. v. MALAYSIAN INTERNATIONAL SHIPPING CORPORATION BERHAD (THE “BUNGA SEROJA”)

[1994] 1 Lloyd's Rep. 455

Carriage by sea - Perils of the sea - Damage to cargo - Vessel experienced heavy weather when crossing Great Australian Bight - Consignment of coils in containers stowed below deck damaged - Whether carriers could rely on perils of the sea exception - Whether carriers negligent - Whether carriers in breach of art. III, r. 2 of the Hague Rules.

ATTORNEY GENERAL OF THE REPUBLIC OF GHANA AND GHANA NATIONAL PETROLEUM CORPORATION v. TEXACO OVERSEAS TANKSHIPS LTD. (THE “TEXACO MELBOURNE”)

[1994] 1 Lloyd's Rep. 473

Damages - Currency - Carriage by sea - Non-delivery - Defendants failed to deliver cargo of fuel oil to plaintiffs - Whether available market Italy or Takoradi - Appropriate currency in which plaintiffs’ loss should be assessed - Whether damages should be assessed in U.S. dollars or Ghanaian cedis.

ROEBUCK v. MUNGOVIN

[1994] 1 Lloyd's Rep. 481

Practice - Application to strike out - Want of prosecution - Plaintiff injured in road accident - Action brought against defendant - Plaintiff guilty of inordinate and inexcusable delay in prosecuting claim - Defendants took steps in the action - Whether defendants debarred from applying to strike out action.

NIOBE MARTIME CORPORATION v. TRADAX OCEAN TRANSPORTATION S.A. (THE “NIOBE”)

[1994] 1 Lloyd's Rep. 487

Sale of ship - Norwegian Saleform - Construction of cl. 11 - Sellers sold vessel to buyers - Dispute as to condition of vessel on delivery - Whether sellers under obligation to notify classification society prior to delivery of matters affecting class which came to their knowledge as from contract date, last survey date or some other date.

MARC RICH & CO. A.G. AND OTHERS v. BISHOP ROCK MARINE CO. LTD. BETHMARINE CO. LTD. AND NIPPON KAIJI KYOKAI (THE “NICHOLAS H”)

[1994] 1 Lloyd's Rep. 492

Negligence - Duty of care - Classification society - Vessel developed cracks in hull - Classification society surveyor recommended vessel continue on voyage to discharge port - Total loss of vessel and cargo - Cargo-owners claimed against classification society - Whether classification society owed duty of care to cargo-owners. Cargo - Classification society - Vessel developed cracks in hull - Surveyor recommended vessel continue to discharge port - Total loss of vessel and cargo - Whether classification society owed duty of care to cargo-owners.

CONTINENTAL BANK N.A. v. AEAKOS COMPANIA NAVIERA S.A. And OTHERS

[1994] 1 Lloyd's Rep. 505

Banking - Stay of action - Jurisdiction clause - Loan agreements contained English jurisdiction clause - Default in payment - Borrowers brought action in Greece - Whether borrowers in breach of contract by suing in Greece - Whether English Courts required to stay English proceedings brought by bank - Civil Jurisdiction and Judgments Act, 1982, arts. 17, 21 and 22.

THE “FILIATRA LEGACY”

[1994] 1 Lloyd's Rep. 513

TOOMEY v. EAGLE STAR INSURANCE CO. LTD.

[1994] 1 Lloyd's Rep. 516

Reinsurance - Agreement - Construction - Reinsurers to pay all claims and other outgoings in respect of run-off of syndicates’ 1965 underwriting year of account - Huge increase in claims - Reinsurers refused to pay claims - Whether reinsurers obliged to reimburse syndicates regardless of whether syndicates under an antecedent liability to pay amount of claims to their assured - Whether agreement could be rectified.

GRANIT S.A. v. BENSHIP INTERNATIONAL INC.

[1994] 1 Lloyd's Rep. 526

Charter-party (Voyage) - Subject to detail - Oral negotiations - Negotiations conducted by parties’ brokers - Whether expressly agreed fixture “subject to details” - Whether binding agreement reached.

THARROS SHIPPING CO. LTD. AND DEN NORSKE BANK PLC v. BIAS SHIPPING LTD., BULK SHIPPING A.G. AND BULK OIL A.G. BULK SHIPPING A.G. AND BULK OIL A.G. v. THARROS SHIPPING CO. LTD., DEN NORSKE BANK PLC AND THEODORE HALKEDIS (THE “GRIPARION”) (No. 2)

[1994] 1 Lloyd's Rep. 533

Charter-party (Bareboat) - Repudiation - Quantum - Costs - Condition of vessels tanks rendered vessel unseaworthy - Vessel prematurely redelivered - Vessel not in fit condition to trade until repaired - Whether owners could claim damages for balance of charter-period - Whether owners acted reasonably in not repairing vessel - Whether costs should be on indemnity basis.

ALBANY MARINE INC. v. SOUTH LOYAL SHIPPING INC. AND SASSARI INVESTMENT LTD. (THE “VILLE DE TITANA”)

[1994] 1 Lloyd's Rep. 541

Arbitration - Award - Remission - Further evidence - Sale of ship - Arbitrators dismissed buyers’ claim - Buyers alleged further evidence available - Whether evidence available to buyers at time of arbitration - Whether buyers took all reasonable steps to obtain it - Whether award should be remitted.

FORT STERLING LTD. AND ANOTHER v. SOUTH ATLANTIC CARGO SHIPPING N.V. AND OTHERS (THE “FINNROSE”)

[1994] 1 Lloyd's Rep. 559

Carriage by sea - Application to strike out - Want of prosecution - Damage to cargo - Delay in prosecuting claim - Whether delay inordinate and inexcusable - Whether delay likely to cause serious prejudice to defendants - Whether application to strike out for want of prosecution should be granted. Carriage by sea - Limitation of time - Damage to cargo - Action brought within limitation period - Delay in prosecution of action - Limitation period unexpired - Whether application to strike out for want of prosecution should be granted.

THARROS SHIPPING CO. LTD. AND ANOTHER v. BIAS SHIPPING LTD. AND OTHERS

[1994] 1 Lloyd's Rep. 577

Practice - Mareva injunction - Undertaking as to damages - Plaintiffs alleged third party’s dollar and sterling account subject to injunction - Bank forced sale of dollars in dollar account - Whether third party entitled to damages for loss and damage incurred by sale.

ABDULLAH ALI ALMUNAJEM SONS CO AND OTHERS v. RECOURSE SHIPPING CO. LTD. (THE “REEFER CREOLE”)

[1994] 1 Lloyd's Rep. 584

Practice - Writ - Validity - Carriage by sea - Alleged breach of contract - Writ and concurrent writ served on defendants in Greece and Cyprus - Greek law prescribed different period for validity of writ - Whether writ valid for four or six months - Whether Greek law applicable - Whether service should be set aside - R.S.C. O. 6, r. 8, O. 11, r. 1(2).

SEABOARD OFFSHORE LTD. v. SECRETARY OF STATE FOR TRANSPORT (THE “SAFE CARRIER”)

[1994] 1 Lloyd's Rep. 589

Ship’s management - Safe operation of vessel - Vessel sailed before chief engineer familiar with machinery - Engines broke down and vessel taken in tow - Whether managers liable for failing to secure that vessel operated in a safe manner - Whether managers vicariously liable - Merchant Shipping Act, 1988, s. 31.

THE “K. H. ENTERPRISE”

[1994] 1 Lloyd's Rep. 593

Bill of lading - Jurisdiction clause - Bailment - Stay of action - Goods sub-bailed to shipowners - Vessel and cargo sank in collision off coast of Taiwan - Cargo-owners brought action in Hong Kong - Whether shipowners could rely on exclusive jurisdiction clause in bills of lading - Whether Taiwan more appropriate forum - Whether action in Hong Kong should be stayed.

MOTOR AND GENERAL INSURANCE CO. LTD. v. JOHN PAVY

[1994] 1 Lloyd's Rep. 607

Insurance (Motor) - Construction - Damage to property - Third party suffered damage through fault of insured driver - Insured in breach of policy after accident - Whether third party had right to recover direct from insurers in respect of claim for damage to property - Trinidad and Tobago Motor Vehicles Insurance (Third Party Risks) Act, 1974 ss. 4(1)(b), 4(5), 8 and 10(1).

SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.

[1994] 1 Lloyd's Rep. 616

Insurance (Workmen’s Compensation) - Third Party liability - Vessel hit by typhoon - Employees lost their lives - Personal representatives claimed compensation - Employers wound up by order of Court - Whether representatives could claim against employers’ insurers - Third Parties (Rights Against Insurers) Ordinance, s. 2(1) - Life Assurance Act 1774, s. 2

LAMB HEAD SHIPPING CO. LTD. AND OTHERS v. JENNINGS (THE “MAREL”)

[1994] 1 Lloyd's Rep. 624

Insurance (Marine) - Perils of the sea - Vessel insured with defendants - Vessel sank while on a voyage from Greece to Belgium - Whether loss of vessel caused by perils of the sea - Whether insurers liable under insurance policy.

FAMOSA SHIPPING CO. LTD. v. ARMADA BULK CARRIERS LTD. (THE “FANIS”)

[1994] 1 Lloyd's Rep. 633

Charter-party (Time) - Damages - Bunker profits - Owners in breach of charter - Substitute vessel chartered - Charterers made profit by selling bunkers on redelivery of substitute vessel - Whether such profits should be taken into account in charterers’ claim for damages.

KUWAIT SUPPLY CO. v. OYSTER MARINE MANAGEMENT INC (THE “SAFEER”)

[1994] 1 Lloyd's Rep. 637

Charter-party (Voyage) - Frustration - War Risks clauses - Iraqi invasion of Kuwait - Iraq ordered vessel to complete discharge - Owners claimed demurrage - Whether charter-party frustrated by reason of Iraqi orders and/or seizure of the cargo.

FURNESS WITHY (AUSTRALIA) PTY LTD. v. BLACK SEA SHIPPING CO. (“THE ROMAN KARMEN”)

[1994] 1 Lloyd's Rep. 644

Charter-party (Time) - Ship’s stability - Loading conditions - Charterers entitled to full reach of vessel’s holds - Allegation that master refused to load in accordance with charterers’ orders - Whether loading conditions would have made vessel unsafe - Whether charterers entitled to damages.

CEVAL INTERNATIONAL LTD. v. CEFETRA BV. CEFETRA BV. v. SOULES CAF

[1994] 1 Lloyd's Rep. 651

Bill of lading - Discharging costs - Ship’s rail - Goods sold under GAFTA 100 - Bill of lading issued - Buyers had to pay inter alia costs from holds to ship’s rail - Whether costs recoverable from sellers - Whether bill of lading a conforming bill for purposes of contract made under GAFTA 100.

Z BANK v. D1 AND OTHERS

[1994] 1 Lloyd's Rep. 656

Banking - Mareva injunction - Contempt - Notice of injunction given to plaintiff bank - Plaintiffs continued to operate account - Plaintiff under impression that injunction only applied if bank named in order or bank served with order - Whether plaintiffs in contempt. Practice - Mareva injunction - Contempt - Plaintiffs continued to operate bank account after notice of Mareva injunction given - Whether plaintiffs in contempt.

AQUALON (UK) LTD. AND ANOTHER v. VALLANA SHIPPING CORPORATION AND OTHERS

[1994] 1 Lloyd's Rep. 669

Carriage by road - CMR - CMR carrier - Plaintiffs contracted with second defendants for carriage of goods from Holland to Warrington - Goods carried by sixth defendants - Goods lost or damaged - Whether second defendants CMR carrier - Whether second defendants acted as forwarding agents only - Whether plaintiffs entitled to claim damages.

G. L. CICATIELLO S.R.L. AND OTHERS v. ANGLO EUROPEAN SHIPPING SERVICES LTD. AND OTHERS

[1994] 1 Lloyd's Rep. 678

Carriage by road - CMR - Liability of carrier - Trailer and contents stolen from motorway service station by armed robbers - Whether carrier established goods lost through circumstances which they could not avoid and consequences of which they were unable to avoid - Whether carriers liable - CMR art. 17.

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