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IBRAHIM SHANKER & CO. AND OTHERS v. DISTOS COMPANIA NAVIERA S.A. (THE "SISKINA")

Practice-Injunction-Non-payment of freight- Injunction to restrain removal or disposal of assets from within jurisdiction granted-Whether owners' application to set aside writ and injunction should be granted-R.S.C., O.11, r. 1(1)(i).

[1978] 1 Lloyd's Rep. 1

THE "MYRTO"

Admiralty practice - Appraisement and sale of ship - Two mortgages on vessel executed by owners - Vessel subsequently let out under speculative charter-party - Mortgage debt not repaid - Vessel arrested - Application by mortgagees for order for appraisement and sale of vessel - Objection by owners - Application by charterers for release of vessel from arrest - Whether mortgagees' security impaired.

[1978] 1 Lloyd's Rep. 11

NEA TYHI MARITIME CO. LTD. OF PIRAEUS v. COMPAGNIE GRAINIERE S.A. OF ZURICH (THE "FINIX")

Charter-party (Voyage) - Laytime - Vessel arrived in roads at Nampo - "Time lost waiting for berth to count as discharging time" - Whether "berth" means "any berth" or particular berth to which vessel is to proceed for discharge - Whether time lost provision applies to an "arrived ship" - Whether interest payable on lesser sum of award.

[1978] 1 Lloyd's Rep. 16

EUROPEAN-AMERICAN BANKING CORPORATION v. TOTAL TRANSPORT CORPORATION (THE "KATINGO COLOCOTRONIS")

Charter-party (Time) - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Owners assigned moneys to bank - Bank obtained summary judgment under O.14 - Whether charterers ought to be given leave to defend - R.S.C., O.14.

[1978] 1 Lloyd's Rep. 20

ASSOCIATED BULK CARRIERS LTD. v. KOCH SHIPPING INC. (THE "FUOHSAN MARU")

Charter-party (Time) - Stay of action - Wrongful repudiation of charter by charterers - Shipowners claimed unliquidated damages - Whether shipowners entitled to summary judgment under R.S.C., O. 14 - Whether charterers entitled to stay of action - R.S.C., O. 14 - Arbitration Act, 1975, s. 1.

[1978] 1 Lloyd's Rep. 24

MARUBENI CORPORATION AND MARUBENI AMERICAN CORPORATION v. PEARLSTONE SHIPPING CORPORATION (THE "PUERTO ACEVEDO")

Practice-Limitation of liability-Damage to cargo- Undertaking by shipowners' P and I Club to honour cargo-owners' claims against shipowners- Shipowners alleged demise charterers liable- Whether cargo-owners could add demise charterers as additional defendants-Whether time bar under art. III, r. 6, of the Hague Rules applied-R.S.C., O. 15, r.6.

[1978] 1 Lloyd's Rep. 38

THE "STELLA ANTARES"

Admiralty practice-Action in rem-Negligent navigation-Casualty in River Tagus within port of Lisbon-Crossing vessels in imminent danger of collision-Violent avoiding action averted collision-Whether near collision and grounding of vessel caused by negligent navigation-Collision Regulations, r. 25(a)-Instructions for Navigation and Stay in Port of Lisbon, arts. 5.2.4.1, 5.2.4.2.

[1978] 1 Lloyd's Rep. 41

COSMOS BULK TRANSPORT INC. v. CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION (THE "APOLLONIUS")

Charter-party (Time) - Speed warranty - Slow steaming by vessel due to bottom fouling - Whether speed warranty applicable at date of charter and/or at date of delivery - Whether charterers entitled to withhold hire for loss of time due to slow steaming and failure to prosecute voyage with utmost dispatch - Baltime 1939.

[1978] 1 Lloyd's Rep. 53

PROVIMI HELLAS A.E. v. WARINCO A.G.

Sale of goods (f.o.b.)-Non-delivery-Prohibition- Licence for export of soya bean meal from Greece granted-Subsequent revocation of licence- Whether sellers excused from performance of contract-GAFTA contract forms 119, 125. Arbitration-Award-Appeal from award-Whether appeal barred-GAFTA contract form 125.

[1978] 1 Lloyd's Rep. 67

PATERSON v. COSTAIN & PRESS (OVERSEAS) LTD. AND OTHERS

Insurance (Employers' Liability)-Personal injury- Policy covering building contractor in respect of liability for personal injury suffered by employee in course of employment-Employee employed at contractor's site-Employee returning from local leave and travelling in employer's vehicle-Vehicle involved in accident and employee injured- Whether accident occurred "in course of employment."

[1978] 1 Lloyd's Rep. 86

PENTAGON CONSTRUCTION (1969) CO. LTD. v. UNITED STATES FIDELITY & GUARANTY CO.

Insurance (Contractor's All Risk) - Exclusion clause - Policy excluding liability for "faulty or improper workmanship" and "faulty or improper design" - Concrete tank to be built by insured contractors - Top of tank to be welded to wall by metal struts - No welding carried out by insureds' employees - Tank filled with water to test it - Bursting of tank - Claim by insured - Whether loss fell within exception clause - Whether insurers estopped from denying liability - Canada. Insurance (Contractor's All Risk) - Policy - Construction - Contra proferentem rule.

[1978] 1 Lloyd's Rep. 93

DISTILLERS CO. LTD. AND ANOTHER v. M.V. "AGELOS RAPHAEL", PROTOSTATIS COMPANIA NAVIERA S.A. AND ATLANTIC LINES & NAVIGATION CO. INC. (THE "AGELOS RAPHAEL")

Arbitration-Stay of action-Bill of lading containing arbitration clause-Goods shipped at Toledo, Ohio, for delivery at Leith, Scotland-Vessel operated by Greek company-Officers and crew Greek-Vessel grounding in St. Lawrence River- Cargo damaged-Arbitration clause stating that disputes must be submitted to arbitration in London-Action brought in Canadian Court by cargo-owners-Application by shipowners to contest Court's jurisdiction or stay action by reason of arbitration clause-Whether application should be granted-Factors to be considered-Canada.

[1978] 1 Lloyd's Rep. 105

AMSTAR CORPORATION v. M.V. "ALEXANDROST." AND NAVA SHIPPING CO. LTD. (THE "ALEXANDROST.")

Admiralty practice - Action in rem - Arrest of vessel by owners of damaged cargo - Whether shipowners knew of arrest - Whether arrest unlawful and unconditional - Supplemental Rules for Certain Admiralty and Maritime Claims, rr. A to F. - U.S. Constitution Fifth Amendment - United States.

[1978] 1 Lloyd's Rep. 109

BUCHANAN AND CO. LTD. v. BABCO FORWARDING AND SHIPPING (U.K.) LTD.

Carriage by road - "C.M.R." conditions - Customs and excise duty - Whisky in bond intended for export - Theft of whisky while in England - Revenue claimed duty - Whether carrier liable for value of whisky in bond and excise duty - Carriage of Goods by Road Act, 1965, s. 1. sched. arts. 23 (1), (2) and (4)-Customs and Excise Act, 1952, s. 85.

[1978] 1 Lloyd's Rep. 119

S.A. CONSORTIUM GENERAL TEXTILES v. SUN AND SAND AGENCIES LTD.

Conflict of laws-Sale of goods-Foreign judgment- Buyers failed to pay for goods-Sellers obtained judgment in French Court-Whether judgment could be registered and enforced in England- Foreign Judgments (Reciprocal Enforcement) Act, 1933, ss. 1, 2, 4, 5.

[1978] 1 Lloyd's Rep. 134

WARINCO A.G. v. FRITZ MAUTHNER

Sale of goods (c.i.f.)-Non-delivery-Prohibition of export-Suspension of export licence-Sellers unable to perform contact-Buyers claimed damages for non-delivery-Whether sellers protected by cl. 21 of GAFTA 100.

[1978] 1 Lloyd's Rep. 151

THE SANKO STEAMSHIP CO. LTD. v. KANO TRADING LTD.

Contract - Shipbuilding - Rejection - Vessel described in charter as "to be built at Osaka Shipbuilding Co. Ltd. Hull No. 352" - Vessel built at Oshima - Whether misdescription - Whether Charterers entitled to reject vessel - Whether shipowners entitled to summary judgment under R.S.C., O. 14.

[1978] 1 Lloyd's Rep. 156

HOWE RICHARDSON SCALE CO. LTD. v. POLIMEX-CEKOP AND NATIONAL WESTMINSTER BANK LTD.

Practice-Injunction-Banking-Sale of goods- Bank guarantee-Bank guaranteed refund of advance payment if non-delivery-Buyers alleged non-delivery-Whether bank bound to honour guarantee-Whether injunction to restrain buyers from claiming under guarantee should be granted.

[1978] 1 Lloyd's Rep. 161

EDWARD OWEN ENGINEERING LTD. v. BARCLAYS BANK INTERNATIONAL LTD. AND UMMA BANK

Banking - Letter of credit - Performance bond - Contract between English suppliers and Libyan customers - English bank issued performance bond - Libyan bank issued unconfirmed letter of credit - English suppliers repudiated contract - Whether English bank bound by performance bond.

[1978] 1 Lloyd's Rep. 166

BABER v. KENWOOD MANUFACTURING CO. LTD. AND WHINNEY MURRAY & CO.

Contract-Negligence-Valuation of shares in default of agreement-Whether valuation binding- Whether valuer owed a duty to exercise proper cure and skill in preparing valuation-Whether action ought to be dismissed under R.S.C., O. 18, r. 19.

[1978] 1 Lloyd's Rep. 175

THE "AVENTICUM"

Admiralty practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Wether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners' action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.

[1978] 1 Lloyd's Rep. 184

SURREY SHIPPING CO. LTD. v. COMPAGNIE CONTINENTALE (FRANCE) S.A. (THE "SHACKLEFORD")

Charter-party (Voyage)-Laytime-Special clause in charter provided for commencement of laytime- Vessel shifted from one berth to another-Whether shifting interrupted running of laytime-Baltimore form C charter-party.

[1978] 1 Lloyd's Rep. 191

SIDERMAR S.p.A. v. APOLLO CORPORATION (THE "APOLLO")

Charter-party (Time)-Hire-Vessel unable to load until free pratique granted-Whether vessel off hire-Whether owners entitled to hire for period vessel off-hire-New York Produce Exchange form.

[1978] 1 Lloyd's Rep. 200

NIPPON YUSEN KAISHA v. INTERNATIONAL IMPORT AND EXPORT CO. LTD. (The "ELBE MARU")

Carriage by road - Stay of proceedings - Exemption clause in bill of lading - Carrier sub-contracted carriage of goods to hauliers - Goods stolen while in custody of hauliers - Indorsees of bills of lading claimed damages against haulier - Whether indorsee bound by exception clause - Whether action and all further proceedings should be stayed - Judicature Act, 1925, s. 41.

[1978] 1 Lloyd's Rep. 206

BAHAMAS OIL REFINING CO. v. KRISTIANSANDS TANKREDERIE A/S AND OTHERS AND SHELL INTERNATIONAL MARINE LTD. (THE "POLYDUKE")

Charter-party-Indemnity-Damage to jetty-Master signed "Conditions of Use . . . of Jetties . . ." before vessel allowed to berth-Vessel ranged against jetty causing damage-Whether shipowners bound by indemnity clause in document signed by master-Whether master had express, implied, or ostensible authority to sign document.

[1978] 1 Lloyd's Rep. 211

BUNGE G.m.b.H. v. C.C.V. LANDBOUWBELANG G.A.

Sale of goods (c.i.f.) - Non-delivery - Notice of appropriation - Date of default - Sellers failed to give notice of appropriation in relation to 200 tonnes of soya bean meal - Whether sellers in default - Whether sellers' notice of appropriation relating to 39.2 tonnes valid - Whether date of default July 10 or 11 - GAFTA 100.

[1978] 1 Lloyd's Rep. 217

ROUSSEL-UCLAF v. G. D. SEARLE & CO. LTD. AND G.D. SEARLE & CO.

Arbitration - Stay of proceedings - Plaintiff granted exclusive licence to market diisopyramide base throughout the world except U.S.A. - Defendants introduced diisopyramide phosphates into U.K. - Whether infringement of U.K. patent - Whether defendants had taken a step in the action - Whether action ought to be stayed - Arbitration Act, 1975, s. 1.

[1978] 1 Lloyd's Rep. 225

TAN KENG HONG AND YOONG LEOK KEE CORPORATION LTD. v. NEW INDIA ASSURANCE CO. LTD.

Insurance (Motor)-Passenger liability-Exclusion clause-Liability excluded unless passenger carried "by reason of or in pursuance of a contract of employment"-Plaintiffs' lorry overturned killing passenger-Judgment obtained against plaintiffs- Whether plaintiffs could claim an indemnity from insurers-Whether insurers could rely upon exclusion clause.

[1978] 1 Lloyd's Rep. 233

TRANSAMERICAN OCEAN CONTRACTORS INC. v. TRANSCHEMICAL ROTTERDAM B.V. (THE "IOANNA")

Charter-party (Voyage)-Arbitration-Words "& Arbitration" added to general average clause- Whether clause covered disputes as to demurrage- Whether owners' application for appointment of sole arbitrator should be granted.

[1978] 1 Lloyd's Rep. 238

LAMBERT v. MAINLAND MARKET DELIVERIES LTD.

Practice - Procedure - Payment into County Court - Motor car accident - Defendants' insurers made payment into Court - Action automatically stayed under County Court rules - Whether Court had power to set aside stay of proceedings in County Court.

[1978] 1 Lloyd's Rep. 245

COMPANIA ARGENTINA DE NAVEGACION DE ULTRAMAR v. TRADAX EXPORT S.A. (THE "PUERTO ROCCA")

Charter-party (Voyage) - Laytime - Vessel failed to obtain customs' clearance - Charterers rejected first, but accepted second, notice of readiness - Whether first notice valid - Date of commencement of laytime.

[1978] 1 Lloyd's Rep. 252

LOGS & TIMBER PRODUCTS (SINGAPORE) PTE. LTD. v. KEELEY GRANITE (PTY.) LTD. (THE "FREIJO")

Charter-Party (Voyage)-Laytime-Notice of readiness given soon after vessel arrived at pilot station-Port congested-Free pratique granted about 18 days later-Date of commencement of laytime.

[1978] 1 Lloyd's Rep. 257

MITSUI O.S.K. LINES LTD. v. AGIP S.p.A. (THE "BUNGAMAWAR")

Charter-party (Consecutive Voyage)-Freight- Construction of freight clause-Worldscale rates applicable-Freight payable upon completion of discharge of cargo-Whether "Worldscale as amended" related to Worldscale as amended as at the date of accrual of obligation to pay freight.

[1978] 1 Lloyd's Rep. 263

CHERRY LTD. v. ALLIED INSURANCE BROKERS LTD.

Insurance (Consequential Loss)-Insurance brokers- Cancellation of existing policies-New insurance cover arranged-Brokers negligently advised plaintiffs that double insurance in force-New insurance cover cancelled-Brokers failed to advise plaintiffs that existing cover cancelled-Fire at plaintiffs premises-No available insurance- Whether plaintiffs entitled to recover from brokers.

[1978] 1 Lloyd's Rep. 274

SGS-ATES COMPONENTI ELETTRONICI S.p.A. v. GRAPPO LTD., BRITISH ROAD SERVICES LTD. AND FURTRANS B.V.

Carriage by road - "C.M.R." - Damage to goods in transit - Whether third defendants "last carriers" within art. 36 - Whether writ and service of notice of writ on third defendants should be set aside - Carriage of Goods by Road Act, 1965, Schedule, arts. 4, 34, 35 and 36.

[1978] 1 Lloyd's Rep. 281

MILES INTERNATIONAL CORPORATION v. FEDERAL COMMERCE & NAVIGATION CO., FEDERAL STEVEDORING LTD. AND BELCAN N.V. (THE "FEDERAL SCHELDE")

Bill of lading - Exception clause - Scrap copper received for shipment at Montreal - Owners given engagement note by general agents - Exemption clauses of bills of lading incorporated into engagement note - Stipulation in bill of lading that stevedores could rely on exemption clauses - Cargo shipped in containers at Montreal - Cargo found to be missing after discharge of vessel - Negligence but not gross negligence of general agents and stevedores - Whether exemption clauses could be relied on - Canada.

[1978] 1 Lloyd's Rep. 285

GULFCOAST TRANSIT CO. v. M.T. "ANCO PRINCESS", ET. AL. (THE "ANCO PRINCESS")

Collision - Crossing vessels - Vessels meeting end on in river - Whether insufficient room for port to port passing - Collision during manoeuvre - Apportionment of blame - Liability to cargo-owners - Recovery by cargo-owners from contributorily negligent non-carrying vessel - United States.

[1978] 1 Lloyd's Rep. 293

HOULDEN & CO. LTD. AND OTHERS v. S.S. "RED JACKET" AND AMERICAN EXPORT LINES LTD.; METAL TRADERS INC., THIRD PARTY; UNITED STATES FOURTH PARTY (THE "RED JACKET")

Bill of lading-Unseaworthiness-Container supplied by owners of container vessel to shippers of tin ingots-Container breaking loose during voyage- Other containers swept overboard or damaged- Whether loss due to bad stowage of container or structural defect of container-Whether vessel's owner had exercised due diligence to make vessel seaworthy-United States Carriage of Goods by Sea Act, 1936, s. 4(1) (46 U.S.C. s. 1304(1))- United States.

[1978] 1 Lloyd's Rep. 300

THE "PERMINA 108"

Charter-party (Time)-Hire-Non-payment of hire- Action in rem-Vessel arrested-Whether vessel which had no connection with claim could be arrested-High Court (Admiralty Jurisdiction) Act, (Cap. 6), s. 3(1), s. 4(4)-Singapore.

[1978] 1 Lloyd's Rep. 311

THE "PERMINA SAMUDRA XIV"

Charter-party (Time) - Hire - Non-payment of hire - Action in rem - Vessel arrested - Whether Admiralty jurisdiction of the High Court could be invoked against other ships of the charterers in respect of same maritime claim - Singapore.

[1978] 1 Lloyd's Rep. 315

LUMMUS CO. LTD. v. EAST AFRICAN HARBOURS CORPORATION

Bill of lading-Exclusion of liability-Clause purporting to extend to independent contractor immunity of carrier-Crude oil tower damaged while being discharged by harbour authority- Whether authority could rely on exemption clause-Whether harbour regulation exempting authority from liability was ultra vires-East African Harbours Corporation Act, s. 76-East African Harbour Regulations, reg. 61(1), 184(1), 187-Kenya.

[1978] 1 Lloyd's Rep. 317

PRACTICE DIRECTION

Costs in petitions for leave to appeal

[1978] 1 Lloyd's Rep. 323

DIAS COMPANIA NAVIERA S.A. v. LOUIS DREYFUS CORPORATION (THE "DIAS")

Charter-party (Voyage) - Demurrage - Expiry of laytime - Cargo fumigated while vessel waiting in roads - Owners claimed demurrage - Whether charterers entitled to exclude period occupied in fumigation from calculation of demurrage.

[1978] 1 Lloyd's Rep. 325

KARUPPAN BHOOMIDAS v. PORT OF SINGAPORE AUTHORITY

Negligence - Personal injuries - Stevedore's death caused by negligence of fellow worker - Whether port authority vicariously liable - Whether port authority exempted by by-law 26 from liability to the deceased - Whether by-law ultra vires.

[1978] 1 Lloyd's Rep. 330

HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD.

Charter-party (Demise) - Hire - Contract for hire of two barges - Misrepresentation by owners as to deadweight capacity - Non-payment of hire - Whether owners liable for misrepresentation - Misrepresentation Act, 1967, ss. 2(1), 3.

[1978] 1 Lloyd's Rep. 334

MAMMOTH BULK CARRIERS LTD. v. HOLLAND BULK TRANSPORT B.V. (THE "CAPTAIN DIAMANTIS")

Charter-party (Time) - Redelivery - Bunkers - Owners to pay for fuel remaining on board vessel - Charterers intended to redeliver vessel with full bunkers in excess of their requirements - Whether owners in breach for ordering master not to accept further bunkers - New York Produce Exchange form.

[1978] 1 Lloyd's Rep. 346

E. B. AABY'S REDERI A/S v. THE UNION OF INDIA (THE "EVJE" (NO. 2))

Charter-party (Voyage) - General average - Undertaking by charterers to pay general average contribution "which may be legally due" - Whether undertaking contractual - Whether Jason clause prevented recovery of general average - Whether vessel unseaworthy at beginning of voyage - Baltimore Berth Grain form C.

[1978] 1 Lloyd's Rep. 351

EAGLE STAR INSURANCE CO. LTD. v. YUVAL INSURANCE CO. LTD.

Arbitration - Reinsurance - Arbitration clause in treaty of reinsurance - Claim by insurers against reinsurers - Validity of arbitration clause - Whether insurers entitled to summary judgment under R.S.C., O.14 - Whether action should be stayed for reference to arbitration.

[1978] 1 Lloyd's Rep. 357

B.P. BENZIN UND PETROLEUM A.G. AND ANOTHER v. EUROPEAN-AMERICAN BANKING CORPORATION AND OTHERS

Charter-party (Time) - Procedure - Interpleader - Jurisdiction - Charter hire paid into joint account - Expenses incurred in operating vessels - Whether charter hire should be used to discharge liabilities - Whether Court had jurisdiction to order disposal of interpleaded moneys - R.S.C., O.17, r.8.

[1978] 1 Lloyd's Rep. 364

CITIBANK N.A. v. HOBBS SAVILL & CO. LTD. AND DRAY SHIPPING CO. LTD. AND A/S SEAHERON (THE "PANGLOBAL FRIENDSHIP")

Practice - Charter-party (Time) - Intervener - Vessel mortgaged to bank - Vessel a total loss - Bank claimed insurance moneys - Whether charterers should be allowed to intervene - R.S.C., O.15, r. 6(2)(b)(ii).

[1978] 1 Lloyd's Rep. 368

PROVIMI HELLAS A.E. v. WARINCO A.G.

Sale of goods (f.o.b.) - Non-delivery - Prohibition - Licence for export of soya bean meal from Greece granted - Subsequent revocation of licence - Whether sellers excused from performance of contract - GAFTA contract forms 119, 125. Arbitration - Award - Appeal from award - Whether appeal barred - GAFTA contract form 125.

[1978] 1 Lloyd's Rep. 373

SEDDON v. BINIONS AND OTHERS ZURICH INSURANCE CO. LTD. (THIRD PARTY) STORK v. SAME AND SAME, ZURICH INSURANCE CO. LTD. (THIRD PARTY)

Insurance (Motor) - Exclusion clause - Policy covered "use for social domestic and pleasure purposes" - Father using son's car to take son's employee home involved in accident - Whether father's insurers liable to pay one-half of damages - Whether exclusion clause applied.

[1978] 1 Lloyd's Rep. 381

EUROPEAN-AMERICAN BANKING CORPORATION v. TOTAL TRANSPORT CORPORATION (THE "KATINGO COLOCOTRONIS")

Charter-party (Time) - Hire - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Whether term of charter that managers only changed with consent of charterers.

[1978] 1 Lloyd's Rep. 388

TRAMOUNTANA ARMADORA S.A. v. ATLANTIC SHIPPING CO. S.A.

Arbitration - Costs - Disputes arising out of charter-party referred to arbitration - Arbitrator made award in favour of shipowners - Awarded costs of hearing and of award to charterers - Whether arbitrator misdirected himself - Whether costs should follow the event.

[1978] 1 Lloyd's Rep. 391

LIMAKO B.V. v. HENTZ & CO. INC.

Agency - Sale of goods - Call options for cocoa futures exercised by brokers in favour of clients - Whether broker acting as agent or principal when dealing with clients.

[1978] 1 Lloyd's Rep. 400

BOUGHEN v. FREDERICK ATTWOOD LTD. AND CRYOPLANTS LTD.

Carriage by road - Indemnity - Personal injuries - Driver awarded damages against carrier - Whether carrier could claim indemnity from customer - Whether R.H.A. Conditions, 1967, condition 3(4) applied.

[1978] 1 Lloyd's Rep. 413

AMERICAN EMPLOYERS INSURANCE CO. v. ST. PAUL FIRE AND MARINE INSURANCE CO. LTD.

Insurance (Marine) - Policy - Reformation (i.e. rectification) of policy - Barges insured under policy giving coverage on a "per vessel" basis - Claim against insurers for loss of barges destroyed in one accident - Denial of liability by insurers on ground that parties intended coverage to be on "per occurrence" basis - Whether policy should be reformed - United States.

[1978] 1 Lloyd's Rep. 417

PRACTICE NOTE

[1978] 1 Lloyd's Rep. 423

CRETANOR MARITIME CO. LTD. v. IRISH MARINE MANAGEMENT LTD. (THE "CRETAN HARMONY")

Practice - Injunction - Charter-party - Charterers executed debenture in favour of bank - Disputes arose under charter-party - Owners obtained Mareva injunction - Receiver appointed by debenture holder - Whether injunction should be discharged.

[1978] 1 Lloyd's Rep. 425

EXPORTELISA S.A. v. ROCCO GIUSEPPE & FIGLI SOC. COLL.

Sale of goods (f.o.b.) - Non-delivery - Argentine state organ extended monopoly to include Candeal and/or Taganrog wheat - Sellers could only buy wheat from state organ - Prevented from fulfilling contract - Whether sellers protected by prohibition clause - GAFTA 64, cl. 14.

[1978] 1 Lloyd's Rep. 433

THE "UNIQUE MARINER"

Salvage - Contract - Validity - Master signed Lloyd's form of salvage agreement - Master refused to allow salvors to perform contract - Whether master had authority to sign agreement - Whether contract invalidated on grounds of misrepresentation, mistake and non-disclosure.

[1978] 1 Lloyd's Rep. 438

SOKRATIS ROKOPOULOS v. ESPERIA S.p.A. (THE "AROS")

Charter-party (Time) - Arbitration - Misconduct of arbitrators - Whether charterers had opportunity of putting all evidence and submissions before arbitrators - Whether absence of opportunity a serious procedural mishap - Whether charterers had waived right to remit award - Whether application for extension of time should be granted.

[1978] 1 Lloyd's Rep. 456

GEORGE VEFLINGS REDERI A/S v. PRESIDENT OF INDIA (THE "BELLAMI")

Charter-party (Voyage)-Freight-Rate of exchange - Whether rate of exchange ruling at date of default or date of payment applicable.

[1978] 1 Lloyd's Rep. 467

MARCEL BELLER LTD. v. HAYDEN

[1978] 1 Lloyd's Rep. 472

BUNGE S.A. v. SCHLESWIG-HOLSTEINISCHE LANDWIRTSCHAFTLICHE HAUPTGENOSSENSCHAFT EINGETR G.m.b.H.

Sale of goods (c.i.f.) - Non-delivery - Waiver - Buyers accepted part of June instalment but rejected further appropriation - Whether buyers had waived their rights - Whether buyers' claim to damages for non-delivery time barred - GAFTA 100, 125.

[1978] 1 Lloyd's Rep. 480

THOS. P. GONZALEZ CORPORATION v. F. R. WARING (INTERNATIONAL) (PTY) LTD.

Sale of goods (c.i.f.) - Carrying charges - Late arrival and/or nomination of vessel - Whether carrying charges amounted to a penalty or a genuine pre-estimate of damages - Whether late nomination of vessel by buyer - Whether seller entitled to interest on carrying charges - GAFTA 64.

[1978] 1 Lloyd's Rep. 494

BUNGE G.m.b.H. v. ALFRED C. TOEPFER

Sale of goods (c.i.f.)-Non-delivery-Force majeure-Flooding of Mississippi River-Delay in shipment-Sellers gave notice of extension of shipment period-Whether notices valid-Whether sellers liable to buyers in damages-GAFTA 100.

[1978] 1 Lloyd's Rep. 506

COMPAGNIE GRAINIERE S.A. v. FRITZ KOPP A.G.

Arbitration - Sale of goods - Non-delivery - Buyers in earlier arbitration proceedings obtained declaration of liability - Sellers refused payment of buyers' debit note - Buyers referred claim for damages to arbitration - Whether buyers' claim for damages should have been raised at same time as issue of liability.

[1978] 1 Lloyd's Rep. 511

ROWLANDSON AND OTHERS v. NATIONAL WESTMINSTER BANK LTD.

Banking - Fiduciary duty - Trust account opened on behalf of beneficiaries - Whether an express trust created - Whether bank a constructive trustee - Whether bank owed a fiduciary duty to beneficiaries.

[1978] 1 Lloyd's Rep. 523

SERVICES EUROPE ATLANTIQUE SUD (SEAS) v. STOCKHOLMS REDERIAKTIEBOLAG SVEA (THE "FOLIAS")

Arbitration - Award - Charter-party - Currency of account of charter-party And bills of lading U.S. dollars - Arbitrators made award in French francs - Whether arbitrators had jurisdiction to make award in currency other than currency of account.

[1978] 1 Lloyd's Rep. 535

THE "RENA K"

Admiralty practice-Action in rem-Arbitration clause incorporated into bills of lading-Damage to cargo-Ship arrested-Whether dispute should be referred to arbitration-Whether owners entitled to unconditional release of ship-Whether cargo-owners entitled to a "Mareva" injunction- whether action should be stayed-Arbitration Act, 1975, s. 1(1).

[1978] 1 Lloyd's Rep. 545

THE "ZAGLEBIE DABROWSKIE" (No. 1)

Collision - Crossing vessels - Collision in North Sea - Visibility restricted by fog - Bad radar lookout - Excessive speed - Apportionment of liability.

[1978] 1 Lloyd's Rep. 564

THE "ZAGLEBIE DABROWSKIE" (No. 2)

Collision - Crossing vessels - Collision in North Sea - Vessel totally lost - Whether total loss caused by collision or by failure of those on board to take proper measures to prevent loss.

[1978] 1 Lloyd's Rep. 573

FEDERAL COMMERCE AND NAVIGATION LTD. v. MOLENA ALPHA INC. SAME v. MOLENA BETA INC. SAME v. MOLENA GAMMA INC. (THE "NANFRI", "BENFRI" AND "LORFRI")

Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.

[1978] 1 Lloyd's Rep. 581

STOCKPORT METROPOLITAN BOROUGH COUNCIL v. O'REILLY

Arbitration - Interim award - Application to set aside or remit award - Technical misconduct of arbitrator - Errors of law on face of award - Whether application should be granted.

[1978] 1 Lloyd's Rep. 595

R. W. GREEN LTD. v. CADE BROS. FARMS

Product liability - Sale of goods - Sellers sold seed potatoes infected with virus - Buyers suffered loss of profit - Whether loss of profits recoverable from sellers - Whether sellers protected by their own conditions of sale - Sale of Goods Act 1893, ss. 14, 55.

[1978] 1 Lloyd's Rep. 602

LAMBERT AND ANOTHER v. LEWIS, LARKIN, B. DIXON-BATE LTD. AND LEXMEAD (BASINGSTOKE) LTD.; LEXMEAD (BASINGSTOKE) LTD. (THIRD PARTY); B. DIXON-BATE LTD. (FOURTH PARTY)

Product liability-Sale of goods-Implied condition-Defective towing coupling supplied by seller to owner of vehicle-Coupling broke and trailer colliding with other car-Whether coupling fit for purpose and of merchantable quality- Whether collision in contemplation of parties- Whether loss too remote-Sale of Goods Act, 1893, s. 14(1), (2). Negligence-Duty of care-Defective towing coupling-Coupling fitted to vehicle-Trailer breaking loose from vehicle after coupling parted- Collision with occupants of other car-Whether owner and driver of vehicle and manufacturer of coupling liable.

[1978] 1 Lloyd's Rep. 610

WOOLCOTT v. SUN ALLIANCE AND LONDON INSURANCE LTD.

Insurance (Fire)-Non-disclosure-Plaintiff did not disclose previous convictions-Buildings destroyed by fire-Whether insurers could avoid liability for non-disclosure-Whether non-disclosure material- Whether plaintiff under a duty to disclose previous convictions.

[1978] 1 Lloyd's Rep. 629

WOOLCOTT v. EXCESS INSURANCE CO. LTD. AND MILES, SMITH, ANDERSON AND GAME LTD.

Insurance (Fire) - Non-disclosure - Insurance brokers - Plaintiff did not disclose previous convictions to insurers - Property destroyed by fire - Whether non-disclosures material - Whether brokers aware of plaintiff's criminal record - Whether insurers could avoid policy - Whether insurers entitled to an indemnity from brokers.

[1978] 1 Lloyd's Rep. 633

TRADAX EXPORT S.A. v. ANDRE & CIE S.A.

Sale of goods (c.i.f.)-Arbitration-Non-acceptance -Buyers alleged goods were disconform to the contract-Arbitrators found in favour of sellers-Refused to state special case-Whether buyers' application for special case to be stated should be granted.

[1978] 1 Lloyd's Rep. 639

BREMER HANDELSGESELLSCHAFT m.b.H. v. TOEPFER

Sale of goods (c.i.f.) - Notice of appropriation - Inter-office trading transactions - Whether Munich office counted as "subsequent sellers" - Whether notice of appropriation valid - GAFTA 100.

[1978] 1 Lloyd's Rep. 643

PRACTICE DIRECTION

Statement in Open Court - Awards in the form of a Special Case.

[1978] 1 Lloyd's Rep. 652

Print Editions

Lloyd's Law Reports