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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 1980 Archive by Volume
Reports for Volume 1, 1980
N.W.L. LTD. v. NELSON AND LAUGHTON SAME v. WOODS (THE "NAWALA")
Practice - Injunction - Trade dispute - Owner employing crew on terms unacceptable to union - Vessel likely to be blacked - Whether dispute a "trade dispute" - Whether owners entitled to injunction restraining union from "blacking" vessel - Effect of Trade Union and Labour Relations Act, 1974, ss. 13, 17, 29.
[1980] 1 Lloyd's Rep. 1
BLUE HORIZON SHIPPING CO. S.A. v. E. D. & F. MAN LTD. (THE "AGHIOS NICOLAOS")
Arbitration - Costs - Misconduct - Each party to pay own costs and half the costs of award - Whether application to set aside award as to costs should be granted.
[1980] 1 Lloyd's Rep. 17
THE "I CONGRESO DEL PARTIDO"
Admiralty practice - Action in rem - Jurisdiction - Foreign sovereign - Whether vessel owned by Republic of Cuba - Whether vessel beneficially owned by defendants - Whether writs and all subsequent proceedings should be set aside on ground that foreign sovereign impleaded - Whether plaintiffs could invoke Admiralty jurisdiction - Administration of Justice Act, 1956, s. 3 (4).
[1980] 1 Lloyd's Rep. 23
AQUAFLITE LTD. v. JAYMAR INTERNATIONAL FREIGHT CONSULTANTS LTD.
Practice - Sale of ship - Summary judgment - Plaintiffs given judgment for balance of purchase price of hydrofoils - Defendants put forward defence and counterclaim - Whether defendants had good arguable case - Whether defendants entitled to unconditional leave to defend.
[1980] 1 Lloyd's Rep. 36
HARMONY SHIPPING CO. S.A. v. SAUDI EUROPE LINE LTD. SAME v. ORRI (TRADING AS SAUDI EUROPE LINE LTD.) SAME v. DAVIS AND ORRI AND SAUDI EUROPE LINE LTD. (THE "GOOD HELMSMAN")
Practice - Evidence - Handwriting expert - Expert gave opinion on document to plaintiffs - Consulted by defendants and gave opinion - Refused to accept further instruction - Defendants issued subpoena on expert - Whether subpoena should be set aside.
[1980] 1 Lloyd's Rep. 44
MONTECCHI v. SHIMCO (U.K.) LTD. DOMENICA v. SAME
Practice - Bill of exchange - Bill dishonoured - Summary judgment - Injunction granted - Stay of execution of judgment removed - Whether injunction should be discharged - Whether stay of execution should be granted.
[1980] 1 Lloyd's Rep. 50
S.I.A.T. DI DAL FERRO v. TRADAX OVERSEAS S.A.
Sale of goods (c.i.f.) - Documents clause - Buyers rejected documents - Whether contract included "Tradax Documents Clause" - Whether documents defective - Whether sellers' letter of guarantee cured defects - Whether valid tender by sellers to buyers - Liability for demurrage - GAFTA 100.
[1980] 1 Lloyd's Rep. 53
THE "ARYA ROKH"
Collision - Negligence - Plaintiffs' vessel lying at anchor - Defendant's vessel collided with her - Whether vessel anchored at an improper place - Whether plaintiffs failed to take adequate steps to bring vessel on upriver heading - Liability for collision.
[1980] 1 Lloyd's Rep. 68
THE "NORTH GOODWIN NO. 16"
Salvage - Towage contract - Volunteers - Plaintiff rendered salvage services to light vessel - Whether light vessel in situation of danger - Whether plaintiffs volunteers - Whether assistance rendered under towage contract - Whether plaintiff entitled to salvage reward.
[1980] 1 Lloyd's Rep. 71
KOCH MARINE INC. v. D'AMICA SOCIETA DI NAVIGAZIONE A.R.L. (THE "ELENA D'AMICO")
Charter-party (Time) - Repudiation - Measure of damages - Owners failed to maintain vessel in class - Charterers accepted conduct as repudiation - Charterers failed to hire substitute vessel - Whether charterers could claim profits they would have made - Whether proper measure of damages was difference between contract and market rates.
[1980] 1 Lloyd's Rep. 75
MONTEDISON S.p.A. v. ICROMA S.p.A. (THE "CASPIAN SEA")
Charter-party (Voyage) - Freight - Freight payable on delivery of cargo - Charterers alleged cargo "unmerchantable" - Whether owners entitled to payment of freight in full without deduction.
[1980] 1 Lloyd's Rep. 91
ISMAIL v. POLISH OCEAN LINES (THE "CIECHOCINEK") (NO. 2)
Arbitration - Costs - Technical misconduct - Arbitrators apportioned costs between parties - Whether departure from general rule that successful party should get costs, justified - Whether award should be set aside or remitted.
[1980] 1 Lloyd's Rep. 97
TRANSAMERICAN SHIPPING CORPORATION v. TRADAX EXPORT S.A. (THE "BETIS")
Practice - Arbitration - Special case - Whether arbitrator provided all the materials for purposes of arguing special case - Whether award should be remitted to arbitrator.
[1980] 1 Lloyd's Rep. 107
COMPANIA FINANCIERA "SOLEADA" S.A., NETHERLANDS ANTILLES SHIPS MANAGEMENT CORPORATION LTD. AND DAMMERS AND VAN DER HEIDE'S SHIPPING AND TRADING CO. LTD. v. HAMOOR TANKER CORPORATION INC. (THE "BORAG")
Agency - Ship's management - Agreement between owners and managers - Whether relationship of trustee and beneficiary created - Whether managers' conduct in breach of obligations - Whether owners could recover costs incurred in mitigation.
[1980] 1 Lloyd's Rep. 111
ETS. SOULES & CIE. v. INTERNATIONAL TRADE DEVELOPMENT CO. LTD.
Sale of goods (c. & f.) - Letter of credit - Appointment of arbitrator - Waiver - Whether letter of credit amended contract - Whether buyers waived right to certificate by official laboratory - Whether arbitrator appointed within time limit - Whether extension of time should be granted - Arbitration Act, 1950, s. 27 - GAFTA 30, 125.
[1980] 1 Lloyd's Rep. 129
TOEPFER v. LENERSAN-POORTMAN N.V. TOEPFER v. VERHEIJDENS VEERVOEDER COMMISSIEHANDEL
Sale of goods (c.i.f.) - Non-acceptance - Buyers refused to take up documents as being out of time - Whether "payment against documents" clause a condition - Whether buyers in default.
[1980] 1 Lloyd's Rep. 143
FOTHERGILL v. MONARCH AIRLINES LTD.
Carriage by air - Limitation of liability - Damage to luggage - Loss of part of contents - Notice of claim given over a month later - Carrier rejected claim as being out of time - Whether "damage" in art. 26 of the Warsaw Convention included loss of contents of registered baggage - Whether notice given sufficient - Warsaw Convention, arts. 4(1)(c), 18(1), 19, 22(2)(b), 26 - Carriage by Air and Road Act, 1979.
[1980] 1 Lloyd's Rep. 149
BORDEN (U.K.) LTD. v. SCOTTISH TIMBER PRODUCTS LTD. AND McNICOL BROWNLIE
Sale of goods - Conditions - Passing of property - Tracing - Whether suppliers had title at common law - Whether right to trace void against creditors - Companies Act, 1948, s. 95.
[1980] 1 Lloyd's Rep. 160
CARVALHO v. HULL BLYTH (ANGOLA) LTD.
Practice - Stay of action - Plaintiff sold shares to defendants - Disputes to be referred to District Court of Luanda - Defendants failed to pay fourth instalment - Plaintiff brought action in English Courts - Whether action ought to have been stayed.
[1980] 1 Lloyd's Rep. 172
THE "SAINT ANNA"
Admiralty practice - Action in rem - Interveners - Admiralty Marshal ordered sale of vessel - Proceeds of sale of bunkers on board vessel to be separately accounted for - Whether interveners owners of fuel oil.
[1980] 1 Lloyd's Rep. 180
THE "KISLOVODSK"
Carriage by sea - Stay of action - Damage to cargo - Foreign jurisdiction clause - Parties agreed disputes to be decided by Russian Court - Plaintiffs brought action in England - Whether action should be stayed.
[1980] 1 Lloyd's Rep. 183
THE "ABBEVILLE"
Sale of ship - Agreement - Defendants purchased vessels from director of Navy Contracts - Oral agreement between plaintiffs and defendants for sale and purchase of vessels - Whether defendants sold vessels to plaintiffs.
[1980] 1 Lloyd's Rep. 187
THE "ANNA MARIA"
Practice - Arbitration - Salvage agreement - Injunction - Whether injunction restraining salvors from taking any further step in a reference to arbitration should be granted.
[1980] 1 Lloyd's Rep. 192
TIMMERMAN'S GRAAN-EN MAALHANDEL EN MAALDERIJ B.V. v. SACHS
Sale of goods (c.i.f.) - Non-delivery - Buyers claimed damages for non-delivery - Whether buyers' claim time barred - Whether buyers' application for an extension of time should be granted - GAFTA 100, GAFTA 125 - Arbitration Act, 1950, s. 27.
[1980] 1 Lloyd's Rep. 194
BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG, JR.
Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to ship balance of June instalment within contract period - Whether sellers could rely upon prohibition and/or force majeure clauses - Buyers rejected notice of appropriation - Whether buyers agreed to delivery out of time - Whether sellers in default - GAFTA 100.
[1980] 1 Lloyd's Rep. 210
BARCLAYS BANK LTD. v. W. J. SIMMS SON & COOKE (SOUTHERN) LTD. AND W. SOWMAN
Banking - Cheque - Mistake - Bank instructed to stop payment on cheque - Cheque paid on presentation - Whether money recoverable as having been paid under a mistake of fact.
[1980] 1 Lloyd's Rep. 225
LONDON INTERCONTINENTAL TRUST LTD. v. BARCLAYS BANK LTD.
Banking - Cheques - Mandate required two signatures - Defendant debited plaintiff's account with cheques bearing only one signature - Whether plaintiff's account wrongly debited - Whether plaintiff authorized and ratified payment of cheques.
[1980] 1 Lloyd's Rep. 241
NOTE UNITED CITY MERCHANTS (INVESTMENTS) LTD. v. ROYAL BANK OF CANADA AND OTHERS
Practice - Costs - Litigation heard in two parts - Whether costs should follow the event.
[1980] 1 Lloyd's Rep. 251
BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK v. SOUTH INDIA SHIPPING CORPORATION AND GREGG AND OTHERS v. RAYTHEON LTD.
Arbitration - Injunction - Delay in prosecuting claims in arbitration - Whether arbitrators had power to dismiss claims for want of prosecution - Whether defendants' inaction repudiatory and arbitration agreement terminated - Whether injunction restraining defendants from proceeding with arbitration should be granted.
[1980] 1 Lloyd's Rep. 255
JAPAN LINE LTD. v. AGGELIKI CHARIS COMPANIA MARITIMA S.A. AND DAVIES AND POTTER (THE "ANGELIC GRACE")
Arbitration - Award - Condition imposed by arbitrators - Whether ultra vires and amounting to misconduct - Arbitration Act, 1950, s. 14. Practice - Arbitration - Arbitrators - Power of Court to supervise.
[1980] 1 Lloyd's Rep. 288
BUNGE CORPORATION v. TRADAX EXPORT S.A.
Sale of goods f.o.b. - Notice of readiness to load - Buyers to give 15 days loading notice - Whether notice given in time - Whether sellers entitled to hold buyers in default - Whether sellers lost right to hold buyers in default - GAFTA 119.
[1980] 1 Lloyd's Rep. 294
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.
[1980] 1 Lloyd's Rep. 311
ANDRE ET COMPAGNIE S.A. v. MARINE TRANSOCEAN LTD. (THE "SPLENDID SUN")
Arbitration - Injunction - Jurisdiction - Disputes between owners and charterers referred to arbitration - Delay in prosecuting claims - Whether Court had jurisdiction to grant injunction restraining owners from proceeding with claim.
[1980] 1 Lloyd's Rep. 333
PRUDENT TANKERS LTD. S.A. v. THE DOMINION INSURANCE CO. LTD. (THE "CARIBBEAN SEA")
Insurance (Marine) - Unseaworthiness - Vessel sank in moderate sea - Whether vessel sent to sea in unseaworthy state - Whether owners in breach of American Institute Hull clauses - Whether underwriters liable under policy.
[1980] 1 Lloyd's Rep. 338
C. J. WILLS AND SONS v. THE WORLD MARINE INSURANCE CO. LTD. (THE "MERMAID")
[1980] 1 Lloyd's Rep. 350
BUNGE S.A. v. DEUTSCHE CONTI-HANDELSGESELLSCHAFT M.B.H. (No. 2)
Sale of goods (c.i.f.) - Non-delivery - Buyers one day late in appointing arbitrator - Prohibition of export alleged by sellers - Whether buyers' claim time barred - GAFTA 100, GAFTA 125.
[1980] 1 Lloyd's Rep. 352
RIGBY AND ANOTHER v. SUN ALLIANCE & LONDON INSURANCE LTD.
Insurance (Householders comprehensive) - Indemnity - Nuisance - Plaintiffs insured buildings and contents with separate insurers - Damage caused to claimants' bungalow by encroachment of tree roots - Whether buildings' insurers liable to indemnify plaintiffs against potential liability - Whether plaintiffs liable "solely us owners, not occupiers, of house".
[1980] 1 Lloyd's Rep. 359
SHELL TANKERS (U.K.) LTD. v. ASTRO COMINO ARMADORA S.A. (THE "PACIFIC COLOCOTRONIS")
Contract - Construction - Lightening contract - Vessel rendered "lightening" assistance by taking off part of cargo - Whether further lightening assistance required - Whether vessel carried out obligations under contract.
[1980] 1 Lloyd's Rep. 366
SAMUEL J. COHL CO. v. EASTERN MEDITERRANEAN MARITIME LTD. (THE "SILVER FIR")
Practice - Arbitration - Security for costs - Owners and charterers applied for security of costs on claim and counterclaim in arbitration - Charterers granted security of costs - Whether owners also ought to have been given security of costs against counterclaim.
[1980] 1 Lloyd's Rep. 371
MANTOVANI v. CARAPELLI S.p.A.
Sale of goods (f.o.b.) - Non-acceptance - Buyers not allowed to use weighing and sampling facilities at port of loading - Whether sellers in breach for failing to provide facilities - Whether buyers justified in rejecting documents - Whether arbitration clause barred all legal proceedings - GAFTA 119.
[1980] 1 Lloyd's Rep. 375
TOEPFER v. SCHWARZE
Sale of goods (c.i.f.) - Prohibition - Non-delivery - Sale of U.S. soya bean meal c.i.f. Weser - Embargo on export imposed by U.S. Government - Whether sellers excused by terms of contract for failure to deliver - GAFTA 100.
[1980] 1 Lloyd's Rep. 385
ARATRA POTATO CO. LTD. AND ANOTHER v. EGYPTIAN NAVIGATION CO. (THE "EL AMRIA")
Admiralty practice - Bill of lading - Foreign jurisdiction clause - Cargo alleged to be damaged on unloading - Cargo-owners commenced action for damage to cargo in England - Whether action should be stayed on the ground that parties agreed to refer disputes to Egyptian Court.
[1980] 1 Lloyd's Rep. 390
THE "VENEZUELA"
Bill of lading - Damage to cargo - Sub-charterers - Bill of lading signed by charterers' agents on behalf of master - Whether charterers party to contract of carriage evidenced by bill of lading.
[1980] 1 Lloyd's Rep. 393
THE "GINA"
Admiralty practice - Action in rem - Arrest of vessel - Shipowners refused to return plaintiffs' goods until outstanding freight and transhipment costs paid - Plaintiffs arrested vessel - Whether application for release of vessel should be granted -Administration of Justice Act, 1956, s. 1(1)(h).
[1980] 1 Lloyd's Rep. 398
ALPINE SHIPPING CO. v. VINBEE (MANCHESTER) LTD. (THE "DUSAN")
Arbitration - Arbitrators - Award - Misconduct - Whether arbitrators considered evidence not disclosed to charterers - Whether arbitrators guilty of misconduct - Whether award should be set aside or remitted.
[1980] 1 Lloyd's Rep. 400
PATROCLOS SHIPPING CO. v. SOCIETE SECOPA
Arbitration - Costs - Award - Charter-party dispute - Charterers' claim wholly failed - Award required each party to pay own costs - Whether award as to costs justified - Whether award should be remitted for reconsideration.
[1980] 1 Lloyd's Rep. 405
SPINNEY'S (1948) LTD., SPINNEY'S CENTRES S.A.L. AND MICHEL DOUMET, JOSEPH DOUMET AND DISTRIBUTORS AND AGENCIES S.A.L. v. ROYAL INSURANCE CO. LTD.
Insurance (Fire) - Exceptions - Insureds' property in Beirut covered for fire, riot, explosion and malicious risks - Insureds' premises looted and damaged during disturbances in Lebanon - Whether insured could claim under policy - Whether insurers could rely on exceptions in policy to avoid liability.
[1980] 1 Lloyd's Rep. 406
THOMAS P. GONZALEZ CORPORATION v. MULLER'S MUHLE MULLER G.m.b.H. & CO. K.G. (No. 2)
Sale of goods (c.i.f.)-Prohibition - Non-delivery - Sellers failed to deliver - Buyers declared sellers in default - Whether sellers could rely on prohibition clause - Whether buyers entitled to damages for non-fulfilment - GAFTA 30.
[1980] 1 Lloyd's Rep. 445
GOLODETZ & CO. INC. v. CZARNIKOW-RIONDA CO. INC. (THE "GALATIA")
Bill of lading - Sale of goods - Part of cargo damaged - Notation added to bill after shipment - Whether bill "clean" - Whether buyers entitled to reject goods - Refined Sugar Association Rules, rr. 22, 23.
[1980] 1 Lloyd's Rep. 453
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 dale of default July 10 or 11 - GAFTA 100.
[1980] 1 Lloyd's Rep. 458
COMPAGNIE GRANIERE 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.
[1980] 1 Lloyd's Rep. 463
NEREIDE S.p.A. DI NAVIGAZIONE v. BULK OIL INTERNATIONAL LTD. (THE "LAURA PRIMA")
Charter-party (Voyage) - Demurrage - Notice of readiness - Delay in vessel getting into berth - Whether laytime commenced 6 hours after notice given - Whether owners entitled to damages for detention - Exxonvoy 1969.
[1980] 1 Lloyd's Rep. 466
THE "FRISO"
Unseaworthiness - Due diligence - Damage to deck cargo - Vessel encountered heavy weather - Suddenly developed list to port - Vessel abandoned - Cargo jettisoned - Whether damage to cargo caused by perils of the sea - Whether vessel seaworthy at beginning of voyage - Hague Rules art. 3, r. 1 and art. 4.
[1980] 1 Lloyd's Rep. 469
TRADAX EXPORT S.A. v. BUNGE CORPORATION
[1980] 1 Lloyd's Rep. 476
THE "HELENE ROTH"
Admiralty practice - Action in rem - Arrest of vessel - Interveners - Shipowners transferred ownership of vessel to interveners - Plaintiffs brought action in rem against shipowners - Whether interveners' application to set aside renewal of writ and service thereof and release of vessel unconditionally should be granted.
[1980] 1 Lloyd's Rep. 477
THE "BOSTON LINCOLN"
Salvage - Award - Vessel stranded - Salvors rendered salvage services - Assessment of reward.
[1980] 1 Lloyd's Rep. 481
TEHNO-IMPEX v. GEBR. VAN WEELDE SCHEEPVAARTKANTOOR B.V.
Arbitration - Award - Dispute between parties as to demurrage - Arbitrator held that he had no jurisdiction to award interest - Whether award should be set aside or remitted for alleged error of law on its face.
[1980] 1 Lloyd's Rep. 484
SOYA G. M.B.H. KOMMANDITGESELLSCHAFT v. WHITE
Insurance (Marine) - Non-disclosure - Damage to cargo - Inherent vice - Cargo of soya beans insured against sweat and spontaneous combustion - Cargo arrived in healed and deteriorated condition - Whether underwriters advised that earlier cargo arrived in damaged condition - Whether cause of damage inherent vice - Whether underwriters liable - Marine Insurance Act, 1906, ss. 18, 55 (2) (c).
[1980] 1 Lloyd's Rep. 491
COMPANIA COMERCIAL Y NAVIERA SAN MARTIN S.A. v. CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION (THE "CONSTANZA M")
Charter-party (Voyage) - Freight - Non-payment - Whether owners could claim freight from sub-charterers - Whether sub-charterers party to bill of lading - Whether head charterers acted as agents on behalf of owners. Practice - Arbitration - Special case - Leave to appeal - Whether leave needed to appeal from a decision of the Court on an interim case.
[1980] 1 Lloyd's Rep. 505
NOTE PIONEER SHIPPING LTD. AND ARMADA MARINE S.A. v. B.T.P. TIOXIDE LTD. (THE "NEMA")
Practice - Arbitration - Award - Charterers sought leave to appeal from award - Whether leave should be given - Whether Court of Appeal had jurisdiction to deal with application - Whether Judge's decision to grant leave should be altered - Arbitration Act, 1979.
[1980] 1 Lloyd's Rep. 519
VICTOR MELIK & CO. LTD. v. NORWICH UNION FIRE INSURANCE SOCIETY LTD. AND KEMP
Insurance (Burglary) - Policy conditions - Insurance broker - Plaintiffs' alarm system on "audible" only - Broker confirmed plaintiffs' premises still insured - Whether plaintiffs complied with policy conditions - Whether insurers could avoid liability - Whether broker liable.
[1980] 1 Lloyd's Rep. 523
FRATELLI MORETTI S. P.A. v. NIDERA HANDELSCOMPAGNIE B.V.
Sale of goods (f.o.b.) - Non-delivery - Buyers failed to nominate vessel - Whether contract provided for 21 or 60 days extension - Whether carrying charges arose in context of breach - Whether carrying charges a penally - GAFTA 64.
[1980] 1 Lloyd's Rep. 534
PHOTO PRODUCTION LTD. v. SECURICOR TRANSPORT LTD.
Contract - Exemption clause - Securicor patrolman set fire to premises - Whether Securicor liable for damage caused - Whether Securicor entitled to rely on exemption clause.
[1980] 1 Lloyd's Rep. 545
HARKER v. CALEDONIAN INSURANCE CO.
Insurance (Motor) - Limitation of liability - Construction of ordinance - Personal injuries - Motor accident occurred in British Honduras - Whether insurers entitled to limit liability under policy - British Honduras Motor Vehicles Insurance (Third Party Risks) Ordinance, 1958, ss. 4, 20.
[1980] 1 Lloyd's Rep. 556
W. & R. FLETCHER (NEW ZEALAND) LTD. AND OTHERS v. SIGURD HAAVIK AKSJESELSKAP AND OTHERS (THE "VIKFROST")
Bill of lading - Damage to cargo - Jurisdiction clause - Whether sub-charterers' agents had authority to sign bills of lading and bills containing an English jurisdiction clause - Whether Court should exercise discretion and refuse leave to serve notice out of jurisdiction.
[1980] 1 Lloyd's Rep. 560
INTERNATIONAL PETROLEUM REFINING AND SUPPLY SOCIEDAD LTDA. v. CALEB BRETT & SON LTD. CALEB BRETT & SON (CONTINENTAAL) B.V. CALEB BRETT & SON ITALIA S.p.A. AND PETRINSPECTOR S.R.L. (THE "BUSIRIS")
Contract - Breach - Negligent misstatement - Contract for cargo inspection at loading port - Cargo arrived in damaged condition - Whether plaintiffs contracted with first, second or fourth defendants - Whether plaintiffs could recover damages from defendants.
[1980] 1 Lloyd's Rep. 569
INTERNATIONAL PETROLEUM REFINING AND SUPPLY SOCIEDAD LTDA. v. CALEB BRETT & SON LTD. AND OTHERS
[1980] 1 Lloyd's Rep. 596
CIA BARCA DE PANAMA S.A. v. GEORGE WIMPEY & CO. LTD.
Contract - Construction - Parties agreed to terminate joint venture - Mechanics of termination contained in agreement - Defendants agreed compromise without approval of plaintiffs - Whether plaintiffs entitled to immediate payment under terms of agreement. Practice - Discovery - Privileged documents - Whether plaintiffs entitled to discovery of all contracts and documents - Whether defendants entitled to claim that certain documents subject of legal professional privilege.
[1980] 1 Lloyd's Rep. 598
THE "AEGEAN CAPTAIN"
Practice - Collision - Damage to cargo - Service out of jurisdiction - Plaintiffs granted leave to serve notice of writ out of jurisdiction - Whether application to set aside should be granted - R.S.C., O. 75, r. 4.
[1980] 1 Lloyd's Rep. 617
THE "AMERICAN SIOUX"
Admiralty practice - Salvage - Arbitration - Owners put up security but did not claim arbitration - Whether injunction restraining first defendants from enforcing security should be extended - Lloyd's Standard Form of Salvage Agreement.
[1980] 1 Lloyd's Rep. 620
THE "AMERICAN SIOUX" (No. 2)
Admiralty practice - Salvage - Owners put up security but did not claim arbitration within 42 days allowed by salvage agreement - Whether application for extension of time should be granted - Lloyd's Standard Form of Salvage Agreement - Arbitration Act, 1950, s. 27.
[1980] 1 Lloyd's Rep. 623
THE "GEESTLAND"
Salvage - Arbitration - Cargo interests failed to give notice of appeal in time - Appeal arbitrator issued award in favour of salvors - Total sum as between cargo interests and owners not payable in proportion to values of respective properties - Whether arbitrator had misconducted himself - Whether award should be remitted - Lloyd's Standard Form of Salvage Agreement.
[1980] 1 Lloyd's Rep. 628
IRAQI MINISTRY OF DEFENCE AND OTHERS v. ARCEPEY SHIPPING CO. S.A. AND GILLESPIE BROS. & CO. LTD. (THE "ANGEL BELL")
Practice - Mareva injunction - Interveners - Vessel sank with all cargo - Cargo-owners obtained injunction - Interveners held to be equitable mortgagees and assignees of policy - Whether application to enable Mareva assets to be used to repay interveners should be granted.
[1980] 1 Lloyd's Rep. 632
NITRATE CORPORATION OF CHILE LTD. v. PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 N. No. 732). CHILEAN NITRATE SALES CORPORATION v. MARINE TRANSPORTATION CO. LTD. AND PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 C. No. 2915). MARINE TRANSPORTATION CO. LTD. v. PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 M. No. 2083). (THE "HERMOSA")
Charter-party (Time) - Repudiation - Vessel let to sub-charterers - Vessel in need of substantial repairs - Ways in which contract may be repudiated - Whether time lost through breaches may be added to time lost through other causes when deciding whether contract repudiated - Whether time lost amounted to repudiatory breach - Damages for off-hire - Whether owners' conduct amounted to a renunciatory breach - Whether sub-charterers justified in repudiating charter - New York Produce Exchange form.
[1980] 1 Lloyd's Rep. 638
FUERST DAY LAWSON LTD. v. ORION INSURANCE CO. LTD.
Insurance (Marine) - Sale of goods (c. & f.) - Plaintiffs insured cargo of essential oils in drums with defendants - On discharge drums found to contain water - Whether drums ever contained oil - Whether plaintiffs could claim under policy.
[1980] 1 Lloyd's Rep. 656
PAGNAN AND FRATELLI v. TRADAX OVERSEAS S.A.
Sale of goods (c.i.f.) - Non-acceptance - Notice of appropriation - Buyers rejected notice - Whether sellers entitled to ship by more than one vessel - Whether notice out of time - Whether buyers entitled to reject documents - GAFTA 100.
[1980] 1 Lloyd's Rep. 665
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