i-law.com

MERKUR ISLAND SHIPPING CORPORATION v. LAUGHTON SHAW AND LEWIS (THE "HOEGH APAPA")

[1983] 2 Lloyd's Rep. 1

Pratice - Trade union dispute - Vessel prevented from sailing - Injunction granted to lift blacking - Owners claimed damages for deliberate interference with time charter and with owners' trade and business - Whether trade union entitled to immunity - Whether writ disclosed cause of action at common law - Trade Union and Labour Relations Act, 1974, s. 13 - Employment Act, 1980, s. 17.

BRITISH BANK OF THE MIDDLE EAST v. SUN LIFE ASSURANCE CO. OF CANADA (U.K.) LTD.

[1983] 2 Lloyd's Rep. 9

Banking - Undertaking - Junior employee of insurance company purported to execute undertakings - Whether employee had actual or ostensible authority to do so - Whether company bound by such undertakings - Whether bank could enforce undertakings.

TOR LINE A.B. v. ALLTRANS GROUP OF CANADA LTD. (THE "TFL PROSPERITY")

[1983] 2 Lloyd's Rep. 18

Arbitration - Award - Leave to appeal - Carriage by sea - Roll-on roll-off vessel - Charterers unable to load double stacked 40 ft. containers on mafi trailers - Whether owners in breach of charter-party - Arbitrator found in favour of charterers - Whether leave to appeal should be given.

CENTRAL INSURANCE CO. LTD. v. SEACALF SHIPPING CORPORATION (THE "AIOLOS")

[1983] 2 Lloyd's Rep. 25

Practice - Leave to amend - Subrogation - Insurers settled claim for short delivery - Insurers sued carriers in own name - Writ and summons struck out - Whether amendment to include all insured buyers should be allowed - Whether action reasonably arguable and therefore ought not to be struck out.

QATAR PETROLEUM PRODUCING AUTHORITY AND QATAR GENERAL PETROLEUM CORPORATION v. SHELL INTERNATIONALE PETROLEUM MAATSCHAPPIJ B.V. AND WHESSOE LTD.

[1983] 2 Lloyd's Rep. 35

Practice - Application to set aside - Plaintiffs claimed damages for breach of contract - Plaintiffs commenced action against defendants - Plaintiffs commenced arbitration proceedings against defendants - Writ served out of jurisdiction - Whether plaintiffs' claim within R.S.C., O. 11, r. (1) - Whether plaintiffs had good arguable case - Whether application to set aside should be granted - Arbitration Act, 1975, s. 1.

BREMER HANDELSGESELLSCHAFT m.b.H. v. DEUTSCHE CONTI-HANDELSGESELLSCHAFT m.b.H.

[1983] 2 Lloyd's Rep. 45

Sale of goods (c.i.f.) - Non-acceptance - Notice of appropriation - Buyers rejected sellers' notice of appropriation as non-contractual - Whether buyers entitled to damages for non-delivery - Whether sellers could rely on waiver - Whether buyers' rejection too late - Whether award should be remitted for consideration of new issue - GAFTA 100.

THE "BENARTY"

[1983] 2 Lloyd's Rep. 50

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Actions in rem and personam brought in England - Whether jurisdiction clause valid - Whether actions should be brought in Indonesia - Whether actions should be stayed - Hague-Visby Rules.

THE "BISKRA"

[1983] 2 Lloyd's Rep. 59

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Action brought in England - Whether action should have been brought in Algeria - Whether English action should be stayed.

THE "SONIA S."

[1983] 2 Lloyd's Rep. 63

Admiralty practice - Action in rem - Jurisdiction - Agreement for lease of containers - Claim for rent - Whether claim arising out of an agreement relating to the carriage of goods in a ship - Whether plaintiffs could invoke Admiralty jurisdiction - Supreme Court Act, 1981, s. 20 (2).

BELCORE MARITIME CORPORATION v. F.LLI. MORETTI CEREALI S.p.A. (THE "MASTRO GIORGIS")

[1983] 2 Lloyd's Rep. 66

Charter-party (Time) - Off-hire - Receivers alleged cargo damaged in course of voyage - Vessel arrested - Whether vessel off-hire.

STOCKPORT METROPOLITAN BOROUGH COUNCIL v. O'REILLY

[1983] 2 Lloyd's Rep. 70

Arbitration - Frustration - Misconduct - Whether arbitration agreement discharged by frustration - Whether application to revoke authority of arbitrator should be granted - Whether arbitrator should be removed for misconduct - Arbitration Act, 1950, ss. 23 (1), 25 (2) (b).

DATA CARD CORPORATION AND OTHERS v. AIR EXPRESS INTERNATIONAL CORPORATION AND OTHERS

[1983] 2 Lloyd's Rep. 81

Carriage by air - Damage to cargo - Assessment of damages - Whether carriers' liability should be based on "entire weight" or "affected weight" or "package weight" - Warsaw Convention, art. 22 (2).

JUGOSLAVENSKA OCEANSKA PLOVIDBA v. AMERICAN SMELTING AND REFINING CO. AND OTHERS (THE "ADMIRAL ZMAJEVIC")

[1983] 2 Lloyd's Rep. 86

Unseaworthiness - Due diligence - Breakdown of main engines due to contamination of lubricating oil-Whether owners had exercised due diligence- Whether owners entitled to claim general average contribution from cargo interests.

PETROFINA (U.K.) LTD. AND OTHERS v. MAGNALOAD LTD. AND OTHERS

[1983] 2 Lloyd's Rep. 91

Insurance (Contractors All Risks) - Subrogation - Accident occurred causing major damage to construction works - Insurers settled claim - Whether defendants sub-contractors within policy - Whether insurers could recover from defendants.

TRADAX EXPORT S.A. v. EUROPEAN GRAIN & SHIPPING LTD.

[1983] 2 Lloyd's Rep. 100

Sale of goods (c.i.f.) - Non-acceptance - Buyers rejected goods for breach of description-Whether buyers entitled to reject goods - Whether buyers lost right to reject.

TRADAX EXPORT S.A. v. ITALGRANI DI FRANCESCO AMBROSIO ITALGRANI DI FRANCESCO AMBROSIO v. SOSIMAGE S.p.A.

[1983] 2 Lloyd's Rep. 109

Sale of goods (f.o.b.) - Delivery - Buyers called for delivery of goods - Sellers failed to make delivery - Whether sellers in breach of contract - Whether breach of warranty or breach of condition.

TATE & LYLE INDUSTRIES LTD. AND OTHERS v. GREATER LONDON COUNCIL AND OTHERS

[1983] 2 Lloyd's Rep. 117

Navigation - River Thames - Construction of ferry terminals caused siltation - Whether riparian owners entitled to damages for negligence and/or nuisance - Whether riparian owners could recover extra dredging costs.

EXPORT CREDITS GUARANTEE DEPARTMENT v. UNIVERSAL OIL PRODUCTS CO. PROCON INC. AND PROCON (GREAT BRITAIN) LTD.

[1983] 2 Lloyd's Rep. 152

Banking - Guarantee - Promissory notes - Companies went into liquidation - Promissory notes dishonoured - Banks reimbursed by E.C.G.D. under guarantees - Whether E.C.G.D. entitled to be reimbursed by defendants.

THE "MARION"

[1983] 2 Lloyd's Rep. 156

Admiralty practice - Limitation of liability - Vessel anchored off Hartlepool - Anchor fouled oil pipeline - Master not using up to date charts - Whether plaintiffs had established that incident occurred without their actual fault or privity - Whether plaintiffs entitled to limit their liability - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 2 (1).

EMPRESA EXPORTADORA DE AZUCAR v. INDUSTRIA AZUCARERA NACIONAL S.A. (THE "PLAYA LARGA" AND "MARBLE ISLANDS")

[1983] 2 Lloyd's Rep. 171

Sale of goods (c. & f.) - Non-delivery - Sellers failed to deliver goods - Buyers paid for goods - Goods diverted elsewhere - Whether sellers in breach of contract - Whether sellers liable in conversion - Whether agreement to arbitrate covered tort of conversion - Whether buyers could recover moneys paid for goods - Whether contract frustrated.

THE "ALBANY" AND "MARIE JOSAINE"

[1983] 2 Lloyd's Rep. 195

Collision - Limitation of time - Delay in issue of writ - Parties in negotiation - Whether in circumstances application for extension of time for issue of writ should be granted - Maritime Conventions Act, 1911, s. 8.

P.C.W. (UNDERWRITING AGENCIES) LTD. v. P.S. DIXON AND ANOTHER

[1983] 2 Lloyd's Rep. 197

Practice - Mareva injunction - Application for variation - Injunction granted over the whole of defendant's assets - Defendant ordered to disclose within 14 days precise identity and whereabouts of all his assets - Whether injunction should be varied.

OCEANICA CASTELANA ARMADORA S.A. v. MINERALIMPORTEXPORT ATAKA NAVIGATION INC. v. MINERALIMPORTEXPORT SEAWIND MARITIME INC. v. ROMANIAN BANK FOR FOREIGN TRADE (THE "THEOTOKOS", "MINOAN BULL" AND "TIRGU FRUMOS")

[1983] 2 Lloyd's Rep. 204

Practice - Mareva injunction - Owners obtained injunctions over defendants' assets including cargoes on board vessels - Barclays Bank provided guarantee against cash deposit furnished by Romanian bank - Vessels released from arrest - Whether cash deposit caught by injunction - Whether Barclays could exercise right of set-off against Romanian bank.

AKTIESELSKABET DE DANSKE SUKKERFABRIKKER v. BAJAMAR COMPANIA NAVIERA S.A. (THE "TORENIA")

[1983] 2 Lloyd's Rep. 210

Unseaworthiness - Bill of lading - Limitation of liability - Vessel sank together with cargo - Whether loss caused by peril of sea - Whether vessel unseaworthy - Whether defendants could rely on art. IV, r. 1 of the Hague Rules - Whether defendants entitled to limit liability.

RHESA SHIPPING CO. S.A. v. HERBERT DAVID EDMUNDS RHESA SHIPPING CO. S.A. v. FENTON INSURANCE CO. LTD. (THE "POPI M")

[1983] 2 Lloyd's Rep. 235

Insurance (Marine) - Unseaworthiness - Perils of the sea - Whether loss of vessel proximately caused by peril of the sea or by negligence of crew - Whether loss due to defective, deteriorated and decayed condition of vessel - Whether owners exercised due diligence.

SCANDINAVIAN TRADING TANKER CO. A.B. v. FLOTA PETROLERA ECUATORIANA (THE "SCAPTRADE")

[1983] 2 Lloyd's Rep. 253

Charter-party (Time) - Hire - Non-payment - Withdrawal of vessel - Whether shipowners left it too late before withdrawing vessel - Whether acceptance of late payments on previous occasions created estoppel - Whether charterers entitled to relief from forfeiture.

DEERNESS v. JOHN R. KEEBLE & SON (BRANTHAM) LTD. AND ANOTHER

[1983] 2 Lloyd's Rep. 260

Insurance (Motor) - Limitation of time - Personal injury - Solicitors failed to issue writ in time - Whether plaintiff should be permitted to continue action - Whether solicitors liable in negligence - Limitation Act, 1980, ss. 11, 33.

THE ATTORNEY-GENERAL OF NEW ZEALAND v. GEORGE ORTIZ, SOTHEBY PARKE BERNET & CO. AND LANCE ENTWISTLE

[1983] 2 Lloyd's Rep. 265

Conflict of laws - New Zealand statutes - Ownership of artefact - Artefact removed from New Zealand - Whether forfeited to Her Majesty the Queen - Interpretation of New Zealand statute - Meaning of "shall be forfeited" - Whether statutes unenforceable in England as being foreign, penal, revenue and/or public laws - Historic Articles Act, 1962 - Customs Acts, 1913 and 1966.

GEORGE MITCHELL (CHESTERHALL) LTD. v. FINNEY LOCK SEEDS LTD.

[1983] 2 Lloyd's Rep. 272

Sale of goods - Limitation of liability - Defendants supplied to plaintiffs, seed different in kind both by description and commercially - Crop produced by seed useless for human and animal consumption - Plaintiffs claimed damages - Whether defendants could limit liability to cost of seeds.

THE "ABIDIN DAVER"

[1983] 2 Lloyd's Rep. 279

Collision - Stay of action - Turkish owners brought action against Cuban owners in Turkish Courts - Cuban owners commenced action in England - Whether English action should be stayed - Whether Turkey a more natural forum.

GENERAL REINSURANCE CORPORATION AND OTHERS v. FORSAKRINGSAKTIEBOLAGET FENNIA PATRIA

[1983] 2 Lloyd's Rep. 287

Reinsurance - Slip policy - Two reinsurance contracts - "Whole account cover" - "Specific cover" - Cover increased in respect of "whole account cover" - Amendment slip in respect of specific cover initialled only by plaintiff reinsurers - Defendants wished to cancel amendment slip - Whether entitled to do so - Whether property in insured goods had passed to customers so that no longer covered by "specific cover" - Custom and practice of London insurance market.

BANK OF INDIA v. TRANS CONTINENTAL COMMODITY MERCHANTS LTD. AND JASHBAI NAGJIBHAI PATEL

[1983] 2 Lloyd's Rep. 298

Banking - Foreign exchange transactions - Guarantee - Bank agreed to buy and sell foreign exchange for company - Performance of contracts guaranteed by guarantor - Company defaulted - Whether bank could claim under guarantee.

PANCOMMERCE S.A. v. VEECHEEMA B.V.

[1983] 2 Lloyd's Rep. 304

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Government declined to issue any more licences - Sellers allocated goods to other buyers - Under no legal obligation to do so - Whether sellers could rely on prohibition of export - GAFTA 100.

THE "ANTONIS P. LEMOS"

[1983] 2 Lloyd's Rep. 310

Admiralty practice - Action in rem - Warrant of arrest - Application to set aside warrant and writ - Whether action lay outside jurisdiction of High Court - Whether application should be granted.

THE "LLOYDIANA"

[1983] 2 Lloyd's Rep. 313

Admiralty practice - Application to set aside - Claim in respect of wet damage to and short delivery of cargo of sugar - Defendants' name appeared on bills of lading but defendants not charterers of vessel - Whether Court had jurisdiction in rem - Whether application to set aside writ and undertaking should be granted.

MIRAMAR MARITIME CORPORATION v. HOLBORN OIL TRADING LTD. (THE "MIRAMAR")

[1983] 2 Lloyd's Rep. 319

Charter-party (Voyage) - Demurrage - Lien - Owners exercised lien on cargo - Whether consignees personally liable for demurrage - Whether consignees parties to contract contained in the bill of lading - Whether owners could recover pursuant to agreement between owners and consignees.

SHOWA OIL TANKER CO. LTD. OF JAPAN v. MARAVAN S.A. OF CARACAS (THE "LARISSA")

[1983] 2 Lloyd's Rep. 325

Charter-party (Time) - Hire - Adjustment of hire clause - Vessel consumed less fuel oil than stated in charter - Whether owners entitled to increased hire - Whether owners misrepresented fuel oil consumption - Whether charterers entitled to set-off.

AGIP S.p.A. v. NAVIGAZIONE ALTA ITALIA S.p.A. (THE "NAI GENOVA" AND "NAI SUPERBA")

[1983] 2 Lloyd's Rep. 333

Charter-party (Consecutive Voyage) - Escalation clause - Unilateral mistake - Clause provided for a base figure in U.S. dollars to be increased by reference to Italian inflation - Whether plaintiffs aware that base figure expressed in U.S. dollars instead of Italian lire - Whether unilateral mistake - Whether clause should be rectified.

THE "VASSO"

[1983] 2 Lloyd's Rep. 346

Arbitration - Arbitrator - Salvage arbitration - Vessel suffered damage - Cargo-owners wished to place two surveyors on board vessel - Whether arbitrator had power to make an order for inspection of property - Whether order should be made.

TELFAIR SHIPPING CORPORATION v. INERSEA CARRIERS S.A. (THE "CAROLINE P")

[1983] 2 Lloyd's Rep. 351

Arbitration - Cargo damage - Iraqi Court found in favour of receivers against owners - Other disputes between owners and charterers resolved by arbitration award - Whether owners' claim for an indemnity in respect of cargo damage should have been brought forward before arbitrators made final award - Whether application for injunction restraining owners from proceeding with arbitration should be granted.

CHEVRON INTERNATIONAL OIL CO. LTD. v. A/S SEA TEAM (THE "T.S. HAVPRINS")

[1983] 2 Lloyd's Rep. 356

Sale of goods - Stay of action - Action to recover balance of fuel price - Whether contract governed by English law - Whether sellers party to contract - Whether standard terms incorporated - Whether application for a stay should be granted.

AMIN RASHEED SHIPPING CORPORATION v. KUWAIT INSURANCE CO. (THE "AL WAHAB")

[1983] 2 Lloyd's Rep. 365

Insurance (Marine) - Lloyd's Standard Marine policy - Vessel seized by Saudi Arabian authorities - Owners claimed under policy - Whether Kuwait proper forum - Whether order granting owners leave to serve proceedings on defendant insurers in Kuwait should be set aside.

CASTLE INSURANCE CO. LTD. v. HONG KONG ISLANDS SHIPPING CO. LTD. (THE "POTOI CHAU")

[1983] 2 Lloyd's Rep. 376

General average - Limitation of time - Vessel ran aground - Salvage services rendered - Voyage abandoned - Ship's managers claimed general average contribution from consignees of cargo and cargo insurers - Whether ship managers could join shipowners as plaintiffs - Whether time barred - Lloyd's average bond.

TRACOMIN S.A. v. SUDAN OIL SEEDS CO. LTD.

[1983] 2 Lloyd's Rep. 384

Sale of goods (c. & f.) - Jurisdiction - Disputes between Sudanese sellers and Swiss buyers - Swiss buyers commenced action in Switzerland against sellers and appointed their arbitrator - Whether Swiss judgment should be recognized - Civil Jurisdiction and Judgments Act, 1982, ss. 32, 33.

COBEC BRAZILIAN TRADING AND WAREHOUSING CORPORATION v. ALFRED C. TOEPFER

[1983] 2 Lloyd's Rep. 386

Sale of goods (c. & f.) - Rejection - Sellers failed to tender goods within shipment period - Buyers rejected tender - Whether sellers entitled to make separate shipments - Whether buyers entitled to reject goods - Whether buyers had waived right to reject for late shipment - FOSFA 22.

THE "ATLANTIC SONG"

[1983] 2 Lloyd's Rep. 394

Admiralty practice - Stay of action - Jurisdiction clause - Damage to cargo - Action brought before English Court - Whether dispute under bill of lading - Whether Sweden more convenient forum - Whether action should be stayed.

THE "SENNAR" (No. 2)

[1983] 2 Lloyd's Rep. 399

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Action brought in England - Whether action should have been brought in Sudan - Whether action an action under the contract of carriage - Whether issue already decided by Dutch Courts - Whether plaintiffs precluded from contending to the contrary - Whether action should be stayed.

MARKAPPA INC. v. N. W. SPRATT & SON LTD. (THE "ARTA")

[1983] 2 Lloyd's Rep. 405

Charter-party (Voyage) - Freight - Non-payment - Shipbrokers - Owners unable to recover freight from charterers - Whether brokers negligently misstated financial standing and reliability of charterers - Whether owners could recover from brokers.

ALLIED MARINE TRANSPORT LTD. v. VALE DO RIO DOCE NAVEGACAO S.A. (THE "LEONIDAS D")

[1983] 2 Lloyd's Rep. 411

Arbitration - Injunction - Delay in prosecuting arbitration - Whether arbitration mutually abandoned and/or rescinded by the parties - Whether injunction restraining further conduct of the arbitration should be granted.

ARAB AFRICAN ENERGY CORP. LTD. v. OLIEPRODUKTEN NEDERLAND B.V.

[1983] 2 Lloyd's Rep. 419

Arbitration - Award - I.C.C. rules - Leave to appeal - I.C.C. rules incorporated in contract - Whether valid exclusion agreement which precluded leave to appeal - Art. 24 of I.C.C. rules.

INTERBULK LTD. v. AIDEN SHIPPING CO. LTD. I.C.C.O. INTERNATIONAL CORN CO. N.V. v. INTERBULK LTD. (THE "VIMEIRA")

[1983] 2 Lloyd's Rep. 424

Arbitration - Award - Misconduct - Whether award should be set aside for procedural mishap - Whether arbitrators should be ordered to state further reasons. Arbitration - Award - Leave to appeal - Whether award obviously wrong - Whether application for leave to appeal should be granted - Whether award should be remitted for further consideration.

ROCCO GIUSEPPE & FIGLI v. TRADAX EXPORT S.A.

[1983] 2 Lloyd's Rep. 434

Arbitration - Award - Interest - Defendants paid interest on award at rate applicable at date of award - Successive statutory instruments varied rate of interest - Whether rates applicable under successive orders should be applied - Judgments Act, 1838, s. 17, Administration of Justice Act, 1970, s. 44.

NEPTUNE ORIENT LINES LTD. v. J.V.C. (U.K.) LTD. (THE "CHEVALIER ROZE")

[1983] 2 Lloyd's Rep. 438

Bill of lading - Stay of action - Goods lost during onward carriage - Defendants claimed against plaintiffs' agents and sub-contractors - Whether onward carriage on bill of lading terms - Whether defendants in breach of bill of lading - Whether action should be staved.

ALLDEN v. RAVEN (THE "KYLIE")

[1983] 2 Lloyd's Rep. 444

Insurance (Marine) - Alleged non-disclosure - Insured vessel a total loss - Underwriters rejected claim - Whether alleged non-disclosed facts disclosed to brokers - Whether insured's duty of disclosure waived.

PINDOS SHIPPING CORPORATION v. FREDERICK CHARLES RAVEN (THE "MATA HARI")

[1983] 2 Lloyd's Rep. 449

Insurance (Marine) - Rectification - Yacht a constructive total loss - Policy subject to condition "Warranted Class Maintained" - Yacht not in class at time of loss - Underwriters denied liability - Whether intention that policy should contain no such term - Whether policy should be rectified.

IRISH NATIONAL INSURANCE CO. LTD. AND SEDGWICK LTD. v. OMAN INSURANCE CO. LTD.

[1983] 2 Lloyd's Rep. 453

Reinsurance - Fire insurance - Whether primary layer written on an excess of loss or on a first loss basis - Whether statement made by brokers a true statement - Whether reinsurers entitled to avoid policy.

B.V. OLIEHANDEL JONGKIND v. COASTAL INTERNATIONAL LIMITED

[1983] 2 Lloyd's Rep. 463

Sale of goods (f.o.b.) - Repudiation - Sellers demanded payment in advance - Buyers' bank guarantee refused - Whether sellers repudiated contract - Whether sellers' general terms of sale incorporated into fourth contract.

ANTAIOS COMPANIA NAVIERA S.A. v. SALEN REDERIERNA A.B. (THE "ANTAIOS") (No. 2)

[1983] 2 Lloyd's Rep. 473

Arbitration - Award - Leave to appeal - Charter-party - Owners withdrew vessel - Whether owners only entitled to withdraw if breach a repudiatory breach - Whether reasonable time expired before withdrawal of vessel - Whether illogicality in award - Whether leave to appeal against award should be granted.

WILLIAM & GLYN'S BANK PLC. v. ASTRO DINAMICO COMPANIA NAVIERA S.A. AND GEORGIAN SHIPPING ENTERPRISES S.A.

[1983] 2 Lloyd's Rep. 485

Practice - Stay of action - Jurisdiction - Guarantee - Bank claimed under guarantee - Defendants commenced action in Greece - Whether English Court had jurisdiction to hear case - Whether action should be stayed - Whether application to stay proceedings should be heard first.

ISRAEL DISCOUNT BANK v. COSTAS A. HADJIPATERAS AND GEORGE C. HADJIPATERAS

[1983] 2 Lloyd's Rep. 490

Banking - Guarantee - Undue influence - Bank claimed against guarantors - Whether defendant could raise defence of undue influence - Whether defendant entitled to unconditional leave to defend.

THE FOOD CORPORATION OF INDIA v. CARRAS SHIPPING CO. LTD. (THE "DELIAN LETO")

[1983] 2 Lloyd's Rep. 496

Charter-party (Voyage) - Laytime - Customs entry - Lightening operations - Whether laytime commenced after customs entry completed - Whether time spent in lightening should be excluded from calculation of demurrage.

SALEH FARID v. MACKINNON MACKENZIE & CO. LTD. (THE "SHEBA" AND "SHAMSAN")

[1983] 2 Lloyd's Rep. 500

Arbitration - Arbitrator - Jurisdiction - Limitation of time - Joint venture agreement - Dispute between parties - Whether arbitrator had jurisdiction to rule on agreement - Whether arbitrator had jurisdiction to decide question of demurrage - Whether arbitrator guilty of misconduct - Whether application for extension of time should be granted.

EXIMENCO HANDELS A.G. v. PARTREDERIET ORO CHIEF AND LEVANTES MARITIME CORPORATION (THE "ORO CHIEF")

[1983] 2 Lloyd's Rep. 509

Sale of ship - Cancellation - Plaintiffs acting as intermediaries on behalf of third party - Plaintiffs failed to tender purchase price - Owners cancelled contract and sold vessel to second defendants - Whether owners obliged to deliver vessel to plaintiffs - Whether order for specific performance should be granted.

DAMON COMPANIA NAVIERA S.A. v. HAPAG-LLOYD INTERNATIONAL S.A. (THE "BLANKENSTEIN", "BARTENSTEIN" AND "BIRKENSTEIN")

[1983] 2 Lloyd's Rep. 522

Sale of ship - Non-performance - Buyers failed to pay deposit and sign agreement within time limit - Sellers sold ships elsewhere - Whether contract relied on by sellers not a concluded contract - Whether buyers bound by novation purportedly made on its behalf - Whether sellers could claim deposit.

A. v. B. (X. Intervening)

[1983] 2 Lloyd's Rep. 532

Practice - Mareva injunction - Injunction granted against defendant for money due on closure of commodity account - Defendant indebted to interveners - Whether intervener's application to vary injunction should be granted.

X, Y AND Z v. B

[1983] 2 Lloyd's Rep. 535

Practice - Injunction - Banking - Subpoenas issued in New York requiring production by bank's London branch of documents relating to an account of each plaintiff-customer of bank - Injunctions issued by English Court to prevent such obedience- Whether injunctions should be continued to trial.

ELDER DEMPSTER LINES v. ZAKI ISHAG (THE "LYCAON")

[1983] 2 Lloyd's Rep. 548

Practice - Inter pleader relief - February bills of lading issued while January bills still in circulation - Plaintiffs granted inter pleader relief - Whether plaintiffs could recover costs and charges incurred.

KENT ENGINEERING & FOUNDRY LTD. v. THE EXPORT CREDITS GUARANTEE DEPARTMENT

[1983] 2 Lloyd's Rep. 556

Insurance-External Trade Guarantee-Defendants agreed to pay to plaintiffs guaranteed percentage of the amount of any loss incurred in connection with contract to which guarantee applied - Manner in which recoveries made after the date of ascertainment of loss were to be dealt with.

DOW BANKING CORPORATION v. MAHNAKH SPINNING AND WEAVING CORPORATION AND BANK MELLAT

[1983] 2 Lloyd's Rep. 561

Banking - Guarantee - Limitation of liability - Plaintiff loaned $5,000,000 to first plaintiffs - Bank guaranteed up to a maximum of $6,000,000 including interest - First defendants defaulted - Plaintiffs claimed on guarantee - Plaintiffs recovered $6,250,000 - Whether plaintiffs entitled to rely on earlier defaults - Whether bank entitled to limit liability.

CARGILL INC. v. MARPRO LTD. (THE "AEGIS PROGRESS")

[1983] 2 Lloyd's Rep. 570

Sale of goods (f.o.b.) - Loading clause - Laytime - Vessel loaded at two loading ports - Method of calculating laytime - Whether award should be remitted.

ATISA S.A. v. AZTEC A.G.

[1983] 2 Lloyd's Rep. 579

Sale of Goods (f.o.b.) - Non-delivery - Monopoly suppliers - Sellers alleged change in Kenyan government policy prevented delivery - Whether contract frustrated - Whether arbitrators had come to correct conclusion.

BULK OIL (ZUG) A.G. v. SUN INTERNATIONAL LTD. AND SUN OIL TRADING CO.

[1983] 2 Lloyd's Rep. 587

Arbitration - Award - Leave to appeal - Law of European Economic Community - Arbitrator held that export of U.K. crude oil to Israel contrary to government policy and sellers not in breach of contract - Whether leave to appeal against award should be granted.

SKIPS A/S NORDHEIM AND OTHERS v. SYRIAN PETROLEUM CO. LTD. AND PETROFINA S.A. (THE "VARENNA")

[1983] 2 Lloyd's Rep. 592

Bill of lading - Stay of action - Arbitration clause - Whether clause in charter-party incorporated into bill of lading - Whether disputes under bill of lading to be referred to arbitration - Whether action should be stayed - Arbitration Act, 1975, s. 1.

NINEMIA MARITIME CORPORATION v. TRAVE SCHIFFAHRTSGESELLSCHAFT m.b.H. UND CO. K.G. (THE "NIEDERSACHSEN")

[1983] 2 Lloyd's Rep. 600

Practice - Mareva injunction - Sale of ship - Buyers obtained Mareva injunction against sellers- Sellers applied for discharge of injunction - Principles to be applied - Likelihood of buyers' success at trial - Risk of dissipation of assets - Whether injunction should be discharged.

CONTINENTAL GRAIN CO. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES AND GOVERNMENT TRADING CORPORATION OF IRAN (THE "IRAN BOHONAR")

[1983] 2 Lloyd's Rep. 620

Sale of goods (f.o.b.) - Injunction - Stay of action - Plaintiffs sold soya bean oil to buyers - Oil shipped on defendants' vessel - Buyers failed to pay for oil - Whether plaintiffs entitled to injunction ordering defendants to direct vessel to a safe port other than going to Iran to discharge oil - Whether defendants entitled to a stay.

TRACOMIN S.A. v. SUDAN OIL SEEDS CO. LTD. AND GEORGE BRIDGE (NO. 2)

[1983] 2 Lloyd's Rep. 624

Practice - Injunction - Sale of goods - Buyers brought action in Switzerland - Contract governed by English law and contained London arbitration clause - Whether buyers' application for injunction restraining sellers from arbitrating should be granted - Whether sellers' application for injunction restraining buyers from proceeding in Switzerland should be granted.

THE "JALAKRISHNA"

[1983] 2 Lloyd's Rep. 628

Admiralty practice - Stay of action - Damages for personal injury - Indian seaman injured on board Indian vessel on high seas - Action brought in England - Whether stay would cause injustice to plaintiff - Whether action should be brought in India.

THE "PINDAROS"

[1983] 2 Lloyd's Rep. 635

Admiralty practice - Short delivery - Penalty payable in respect of deficiency in quantity of goods landed - Whether plaintiffs liable for payment of penalties - Whether defendants liable to reimburse plaintiffs.

K/S A/S SEATEAM & CO. v. IRAQ NATIONAL OIL CO. AND OTHERS (THE "SEVONIA TEAM")

[1983] 2 Lloyd's Rep. 640

Charter-party (Voyage) - Bill of lading - Claim for freight - Whether third defendants consignees - Whether property in goods passed upon consignment to third defendants - Whether reference to charter in bill of lading a reference to the head charter.

CLEA SHIPPING CORPORATION v. BULK OIL INTERNATIONAL LTD. (THE "ALASKAN TRADER") (NO. 2)

[1983] 2 Lloyd's Rep. 645

Charter-party (Time) - Hire - Vessel underwent repairs - Charterers regarded charter at an end - Owners declined to accept charterers' conduct as repudiation - Vessel remained at disposal of charterers - Whether owners entitled to retain hire.

HOWARD HOULDER & PARTNERS LTD. AND BANCHERO-COSTA & COMPANERA S.p.A. v. MARINE GENERAL TRANSPORTERS CORPORATION AND ACHILLE LAURO LINES S.R.L. (THE "PANAGHIA P")

[1983] 2 Lloyd's Rep. 653

Practice - Application to set aside - Brokers claimed commission alleged to be due to them under charter - Court granted brokers leave ex parte to serve writ on shipowners and charterers out of jurisdiction - Whether shipowners' application to set aside writ should be granted - R.S.C., O. 11, r. 1 (1).

NESTE OY v. LLOYDS BANK PLC (THE "TIISKERI", "NESTEGAS" AND "ENSKERI")

[1983] 2 Lloyd's Rep. 658

Banking - Set-off - Shipowners transferred funds to discharge liabilities incurred by vessels - Whether funds held in trust to be applied in specified way - Whether bank had notice of position - Whether bank precluded from exercising any right of set-off in respect of funds.

HAIR v. THE PRUDENTIAL ASSURANCE CO. LTD.

[1983] 2 Lloyd's Rep. 667

Insurance (Houseowners) - Non-disclosure - Breach of warranty - Serious fire occurred - Insurers denied liability - Whether plaintiffs in breach of warranties - Whether plaintiffs failed to disclose material facts - Whether plaintiffs could claim under policy.

HOME INSURANCE CO., AND ST. PAUL FIRE AND MARINE INSURANCE CO. v. ADMINISTRATIA ASIGURARILOR DE STAT

[1983] 2 Lloyd's Rep. 674

Reinsurance - Quota share reinsurance treaty - Validity - Whether agreement binding in honour only - Whether contractual intention expressly negatived - Whether plaintiffs entitled to declaration that reinsurance contracts valid and subsisting.

STATE TRADING CORPORATION OF INDIA LTD. v. COMPAGNIE FRANCAISE D'IMPORTATION ET DE DISTRIBUTION

[1983] 2 Lloyd's Rep. 679

Sale of goods - Waiver - Letter of credit to be opened immediately - Buyers failed to confirm letters of credit immediately - Sellers declined to ship goods - Whether sellers in default - Whether sellers had waived any breach to open letters of credit immediately.

Lloyd's Law Reports