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THE "THOMASEVERETT"

Collision - Crossing vessels - Collision occurred in Gulf of Thailand - Whether alteration of course negligent - Liability for collision - Apportionment.

[1981] 1 Lloyd's Rep. 1

STOLOS COMPANIA S.A. v. AJAX INSURANCE CO. LTD. (THE "ADMIRAL C")

Insurance (Marine) - Custom - Term in policy that claims to be collected through brokers - Vessel lost by peril of sea - Brokers in liquidation - Whether dealings between insurance brokers and plaintiff on "in-account" basis - Whether direct claim by plaintiff against defendants excluded - Whether defendants had good defence to plaintiffs' claim.

[1981] 1 Lloyd's Rep. 9

THE "ALEXA"

Admiralty practice - Writ - Service out of jurisdiction - Ex parte application by plaintiffs for leave to serve out of jurisdiction - Admiralty Registrar refused unless further information provided on affidavit - Whether Admiralty Registrar's decision wrong in principle - Whether this a proper case for service out of jurisdiction.

[1981] 1 Lloyd's Rep. 11

THE "FALCON"

Admiralty practice - Arrest of vessel - Cost of maintaining vessel under arrest - Cargo-owners arrested vessel already arrested by mortgagees - Whether cargo-owners required to contribute towards costs of maintaining vessel under arrest - Whether such expenses should be recoverable from proceeds of sale of the vessel as first priority charge.

[1981] 1 Lloyd's Rep. 13

SL SETHIA LINERS LTD. v. NAVIAGRO MARITIME CORPORATION (THE "KOSTAS MELAS")

Charter-party (Time) - Hire - Non-payment - Whether charterers could set off certain claims against hire - Dispute referred to arbitration - Interim award in favour of owners - Whether arbitrators had acted unfairly - Whether award should be set aside or remitted - Whether leave to appeal against award should be granted. Arbitration - Arbitrators - Power to make interim award - Whether arbitrators had acted unfairly in proceeding to an interim award - Whether award should be set aside - Whether leave to appeal against award should be granted.

[1981] 1 Lloyd's Rep. 18

GULF SHIPPING LINES LTD. v. JADRANSKA SLOBODNA PLOVIDBA (THE "MATIJA GUBEC")

Charter-party (Time) - Arbitration - Delay in conduct of arbitration proceedings - Whether object of arbitration frustrated - Whether time limit in Limitation Act, 1939 applied to claims against charterer under charter-party - Whether delay caused prejudice - Whether application for stay should be granted - Whether writ claiming same relief as in arbitration should be struck out - New York Produce Exchange form.

[1981] 1 Lloyd's Rep. 31

MMECEN S.A. v. INTER RO-RO S.A. AND GULF RO-RO SERVICES S.A. (THE "SAMAH" AND "LINA V")

Charter-party (Time) - Breach - Negotiations by telex - Owners refused to proceed - Whether telexes constituted binding charter - Owners' agent signed charter without owners' approval - Whether agent had ostensible authority to sign charter - Whether additional terms incorporated in charter.

[1981] 1 Lloyd's Rep. 40

TROPWOOD A.G. OF ZUG v. JADE ENTERPRISES LTD. (THE "TROPWIND")

Charter-party (Time) - Hire - Withdrawal - Charterers deducted estimated costs of bunkers at redelivery - Owners purported to withdraw vessel - Whether charterers entitled to make deductions - Whether vessel withdrawn by owners - Whether owners entitled to payment for use of vessel by charterers after vessel withdrawn.

[1981] 1 Lloyd's Rep. 45

THE FIRST NATIONAL BANK OF CHICAGO v. THE WEST OF ENGLAND SHIPOWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) (THE "EVELPIDIS ERA")

Insurance (Marine) - Protection and indemnity risks - Owners assigned benefits of all insurances to bank - Vessel sank - Whether club could set off amount due in respect of calls against any amount due from club - Whether notice of assignment and notice of default given to club prevented set-off from being effected.

[1981] 1 Lloyd's Rep. 54

KYDON COMPANIA NAVIERA S.A. v. NATIONAL WESTMINSTER BANK LTD. AND OTHERS (THE "LENA")

Banking - Letter of credit - Sale of ship - Payment to be on presentation and delivery of specified documents - Bank rejected documents as defective - Whether bank entitled to reject documents - Whether plaintiff entitled to be paid under letter of credit.

[1981] 1 Lloyd's Rep. 68

SCANDINAVIAN TRADING CO. A/B v. ZODIAC PETROLEUM S.A. AND WILLIAM HUDSON LTD. (THE "AL HOFUF")

Sale of goods (f.o.b.) - Repudiation - Non-shipment - Sellers sold gas oil to buyers - Buyers nominated vessel late - Sellers alleged vessel accepted but for loading Mar. 1 or 2 - Vessel arrived Feb. 27 and sailed Feb. 28 without any cargo - Whether buyers repudiated contract - Whether sellers liable for non-shipment.

[1981] 1 Lloyd's Rep. 81

ISHAG v. ALLIED BANK INTERNATIONAL, FUHS AND KOTALIMBORA

Sale of goods - Title to goods - Second defendant alleged that agreement signed under misunderstanding - Whether entitled to rectification - Whether agreement created security over goods in favour of plaintiff - Whether property in goods passed to third defendant - Whether January bill of lading a document of title.

[1981] 1 Lloyd's Rep. 92

VERHEIJDENS VEEVOEDER COMMISSIEHANDEL B.V. v. I. S. JOSEPH CO. INC.

Sale of goods - Evidence - Admissibility - Contract for sale of white millet seed - Sampling procedure specified in GAFTA rules - Whether evidence based on samples taken by buyers admissible - GAFTA 30.

[1981] 1 Lloyd's Rep. 102

MITSUBISHI INTERNATIONAL G.M.B.H. v. BREMER HANDELSGESELLSCHAFT m.b.H.

Arbitration - Award - Remission - Findings in favour of sellers - Whether tribunal had sufficient evidence to make findings that sellers not liable - Whether award should be remitted.

[1981] 1 Lloyd's Rep. 106

CASTANHO v. BROWN & ROOT (U.K.) LTD. AND OTHERS

Practice - Jurisdiction - Notice of discontinuance - Plaintiff began action in English Courts and subsequently began action in American Courts - Plaintiff served notice of discontinuance in English Courts - Whether notice should be struck out - Whether Court had jurisdiction to grant injunction restraining plaintiff from continuing American actions - Whether injunction should be granted - R.S.C., O. 21, 29.

[1981] 1 Lloyd's Rep. 113

ALPHA TRADING LTD. v. DUNNSHAW-PATTEN LTD.

Agency - Contract - Commission - Plaintiffs introduced defendants to M - Defendants failed to perform contract with M - Whether plaintiffs entitled to claim commission under agency agreement between plaintiffs and defendants.

[1981] 1 Lloyd's Rep. 122

ACME TRANSPORT LTD. v. BETTS

Carriage by road - Non-delivery - Exemption clause - Defendants failed to deliver empty container to plaintiffs - Whether defendants could rely on exemption clause - Whether container a "package" or "parcel" - Road Haulage Association Ltd. Conditions of Carriage.

[1981] 1 Lloyd's Rep. 131

MODERN ENGINEERING (BRISTOL) LTD. v. C. MISKIN & SON LTD.

Arbitration - Arbitrator - Removal - Point of law raised in arbitration - Arbitrator proceeded to interim award without hearing argument on point of law - Whether conduct of arbitrator such that he ought to be removed - Whether application for removal should be granted.

[1981] 1 Lloyd's Rep. 135

THE "STAR OF LUXOR"

Admiralty practice - Stay of action - Shortage of cargo on delivery - Cargo-owners brought action in England - Bills of lading provided disputes to be heard where carrier had principal place of business, i.e., Egypt - Whether defendants' application for a stay should be granted.

[1981] 1 Lloyd's Rep. 139

THE "ARZEW"

Negligence - Fire - Damage to plaintiffs' fishing trawlers - Welding operations being carried out on plaintiffs' trawler - Defendants' tanker discharging gas oil - Oil floating in vicinity of trawlers - Whether oil escaped from tanker - Whether gasoline or gas oil ignited - Whether defendants liable - Whether plaintiffs guilty of contributory negligence.

[1981] 1 Lloyd's Rep. 142

THE "PANSEPTOS"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Cargo-owners brought action in England - Disputes under contract of carriage to be decided by Ethiopian Court - Whether defendants' application for stay should be granted.

[1981] 1 Lloyd's Rep. 152

CLERCO COMPANIA NAVIERA S.A. v. THE FOOD CORPORATION OF INDIA (THE "SAVVAS")

Charter-party (Voyage) - Laytime - Calculation - Whether laytime commenced before vessel lightened - Whether laytime calculated on basis of full cargo before lightening.

[1981] 1 Lloyd's Rep. 155

SANTIREN SHIPPING LTD. v. UNIMARINE S.A. (THE "CHRYSOVALANDOU DYO")

Charter-party (Time) - Hire - Lien - Charterers paid hire after making deductions for speed claim and estimated bunkers on redelivery - Whether owners entitled to exercise lien upon cargo - Whether charterers deprived of use of vessel - New York Produce Exchange form.

[1981] 1 Lloyd's Rep. 159

THARROS SHIPPING CO. LTD. v. MITSUBISHI CORPORATION

Charter-party (Voyage) - Arbitration - Owners claimed demurrage - Arbitrators appointed - Charterers paid owners' claim in full - Arbitrators declined to make award - Whether arbitrators could be ordered to enter award plus interest and costs in favour of owners.

[1981] 1 Lloyd's Rep. 166

PEARL MARIN SHIPPING A/B v. PIETRO CINGOLANI S.A.S. (THE "GENERAL VALDES")

Arbitration - Award - Remission - Reasons for award - Whether umpire erred in law - Whether reasons for award formed part of award - Whether award contained error of law on its face - Whether award should be remitted.

[1981] 1 Lloyd's Rep. 170

SATEF-HUTTENES ALBERTUS S.p.A. v. PALOMA TERCERA SHIPPING CO. S.A. (THE "PEGASE")

Carriage by sea - Deviation - Shipowners delayed in delivering goods to port of discharge - Receivers allege they suffered loss of profits by reason of delay - Whether owners liable to receivers for damages for loss of profits.

[1981] 1 Lloyd's Rep. 175

PANALPINA INTERNATIONAL TRANSPORT LTD. v. DENSIL UNDERWEAR LTD.

Carriage by air - Freight - Non-payment - Late delivery - Nigerian purchaser rejected goods - Whether plaintiffs under obligation to deliver within reasonable time - Whether "delay" actionable - Whether plaintiffs could rely on Warsaw Convention art. 20 - Warsaw Convention, arts. 19, 20.

[1981] 1 Lloyd's Rep. 187

TETROC LTD. v. CROSS-CON (INTERNATIONAL) LTD.

Carriage by road - C.M.R. - Agency - Goods arrived in damaged condition - Whether defendants carriers of goods - Whether defendants contracted as principals - Whether defendants could rely on art. 17 - Carriage of Goods by Road Act, 1965 - Convention on Contract of International Carriage of Goods by Road, arts. 3, 17, 18.

[1981] 1 Lloyd's Rep. 192

THERMO ENGINEERS LTD. AND ANHYDRO A/S v. FERRYMASTERS LTD.

Carriage by road - C.M.R. - Damage to goods - Journey involved sea crossing - Whether road transport continued until goods secured in ship - Whether provisions of C.M.R. applied - Whether defendants could rely on art. 17 (2) - Whether art. 2 applied - C.M.R. Convention arts. 2, 17 - Carriage of Goods by Road Act, 1965, Schedule.

[1981] 1 Lloyd's Rep. 200

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver 60 per cent. - Whether sellers could rely on cl. 21 - Whether buyers waived rights to have June bills of lading - Whether sellers liable - Date of default - GAFTA 100.

[1981] 1 Lloyd's Rep. 207

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H. (No. 2) WESTZUCKER G.m.b.H. v. BUNGE G.m.b.H.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver balance of June shipment - Whether buyers had waived rights - Whether sellers could rely on cl. 21 prohibition clause - GAFTA 100.

[1981] 1 Lloyd's Rep. 214

BREMER HANDELSGESELLSCHAFT m.b.H. v. FINAGRAIN, COMPAGNIE COMMERCIALE AGRICOLE ET FINANCIERE S.A.

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers unable to deliver goods with June bills of lading - Whether sellers could rely on cl. 22 - Whether buyers waived defects in force majeure notice - Whether buyers entitled to reject goods - GAFTA 100.

[1981] 1 Lloyd's Rep. 224

TRADAX EXPORT S.A. v. COOK INDUSTRIES INC.

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers failed to tender notices of appropriation in respect of June shipment - Whether sellers could rely on cll. 21 and/or 22 of GAFTA 100 - Whether buyers had waived right to object to June shipment - Whether sellers in default - GAFTA 100.

[1981] 1 Lloyd's Rep. 236

BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK v. SOUTH INDIA SHIPPING CORPORATION

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.

[1981] 1 Lloyd's Rep. 253

LIBRA SHIPPING AND TRADING CORPORATION LTD. v. NORTHERN SALES LTD. (THE "ASPEN TRADER")

Arbitration - Limitation of time - Charterers failed to appoint arbitrator within time limit - Extension of time refused - Whether delay caused prejudice - Whether Judge exercised discretion on proper principles.

[1981] 1 Lloyd's Rep. 273

PAGNAN & F.LLI v. COPROSOL S.A.

Arbitration - Award - Error of law - Technical misconduct - Whether use of word "penalty" in award disclosed error of law on face of sward - Buyers failed to give notice of appeal - Board found inter alia in favour of buyers' claims - Whether sellers given any opportunity to be heard on question of board's discretion.

[1981] 1 Lloyd's Rep. 283

BLAND v. BRITISH AIRWAYS BOARD

Carriage by air - Limitation of liability - Loss of suitcase - Insurers paid out in full - Carriers claimed liability limited to total weight of case - Carrier made up suitcase with similar contents and offered to pay on its weight - Whether carrier had to ascertain precise weight of suitcase - Whether insurers could recover full amount - Warsaw Convention, art. 22 (2) (b).

[1981] 1 Lloyd's Rep. 289

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.

[1981] 1 Lloyd's Rep. 292

JANOS PACZY v. HAENDLER & NATERMANN G.M.B.H.

Arbitration - Stay of action - Impecunious claimant unable to bring arbitration proceedings - Whether impecuniosity ground for refusal of stay - Construction of "incapable of being performed" - Whether a party's impecuniosity rendered agreement incapable of performance - I.C.C. Rules of Arbitration, art. 9 - Arbitration Act, 1975, s. 1 (1).

[1981] 1 Lloyd's Rep. 302

BUTCHER v. DOWLEN

Insurance (Motor) - Repudiation - Non-disclosure alleged - Insured involved in road accident - Underwriters alleged failure to disclose previous driving offences on proposal form - Whether underwriters entitled to repudiate liability.

[1981] 1 Lloyd's Rep. 310

REG v. KELLY AND OTHERS (THE "WINSTON CHURCHILL")

Criminal law - Jurisdiction - Offence of criminal damage committed on foreign ship on high seas by British subjects - Whether English Courts have jurisdiction - Whether offenders "passengers" on board foreign ship - Merchant Shipping Act 1894, s. 686 (1) - Criminal Damage Act, 1971.

[1981] 1 Lloyd's Rep. 313

CRESTA MARINE LIMITED v. THE OWNERS OF THE SHIP "CAPITAINE LE GOFF" (THE "CAPITAINE LE GOFF")

Admiralty practice - Expert evidence - Collision by ferry with plaintiffs' jetty - Whether damage claimed caused by collision - Whether claim exaggerated.

[1981] 1 Lloyd's Rep. 322

DEAR AND SPONG v. SMITH (THE "FORDSON")

Navigation - Licensed waterman - Respondent not in possession of licence - Seen on the river alone in the wheel-house with passengers on board - Whether respondent navigating vessel - Port of London Watermen & Lightermen Bye-laws, 1965, by-law 4 (1), (2) - Port of London Act, 1968, s. 2 (1).

[1981] 1 Lloyd's Rep. 329

ROWLINSON CONSTRUCTION LTD. v. INSURANCE COMPANY OF NORTH AMERICA (U.K.) LTD.

Insurance (Annual Contract Works Policy) - Building contractors' public liability - Exclusion clauses - Non-disclosure - Special clauses - "Special Category Contracts" - Whether damage covered by policy - Whether construction contract a special category contract - Non-disclosure of details under special clause.

[1981] 1 Lloyd's Rep. 332

CEREALMANGIMI S.p.A. v. TOEPFER (THE "EUROMETAL")

Sale of goods (c.i.f.) - Non-acceptance - Cargo infested - Buyers refused to accept delivery - Whether certificate of quality final - Sellers tendered shipping documents late - Whether buyers entitled to reject documents - Whether buyers in default - Whether sellers entitled to damages.

[1981] 1 Lloyd's Rep. 337

RAIFFEISEN HAUPTGENOSSENSCHAFT v. LOUIS DREYFUS & CO. LTD. LOUIS DREYFUS & CO. LTD. v. KURT A. BECHER

Sale of goods (c.i.f.) - Non-appropriation - Prohibition - Sellers failed to appropriate balance in respect of July instalment - Whether sellers could rely on prohibition clause - Whether sellers in default - GAFTA 100.

[1981] 1 Lloyd's Rep. 345

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

Sale of goods (f.o.b.) - Prohibition of export - Circle - Sellers paid buyers price for 40 per cent. - Whether contract cancelled to extent of 60 per cent. - Whether circle agreement replaced circle clause - Whether buyers entitled to 60 per cent. of price difference - GAFTA 119.

[1981] 1 Lloyd's Rep. 353

COOK INDUSTRIES INC. v. MEUNERIE LIEGEOIS S.A.

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to deliver balance of June shipment - Award in favour of buyers - Sellers requested special case - Whether buyers could put forward new propositions - Whether sellers could rely on cl. 21 - Whether sellers had established defence of waiver - GAFTA 100.

[1981] 1 Lloyd's Rep. 359

A/S AWILCO v. FULVIA S.p.A. DI NAVIGAZIONE (THE "CHIKUMA")

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.

[1981] 1 Lloyd's Rep. 371

HARMONY SHIPPING CO. S.A. v. SAUDI-EUROPE LINE LTD. (THE "GOOD HELMSMAN")

Charter-party (Time) - Hire - Non-payment - Whether charter-party a sham - Whether charterers agreed to pay hire at a rate to be agreed - Whether rate payable agreed - Whether charterers entitled to claim in respect of bunkers, address commission and off-hire.

[1981] 1 Lloyd's Rep. 377

CHRISTOPHER JOHN MORAN v. LLOYD'S (A STATUTORY BODY)

Practice - Lloyd's - Disciplinary proceedings against member - Lloyd's Act, 1871, s. 20 - Whether investigating committee biased - Interlocutory injunction to stay arbitration proceedings - Balance of convenience - Natural justice - Preliminary inquiry - Whether rules of natural justice apply to preliminary inquiry.

[1981] 1 Lloyd's Rep. 423

BOX v. MIDLAND BANK LTD.

Banking - Negligence - Misrepresentation - Careless statements made by bank's employee - Plaintiff relied on statements - Whether employee owed plaintiff duty to take reasonable care in making statements - Whether plaintiff suffered any damages recoverable in law - Appeal as to costs.

[1981] 1 Lloyd's Rep. 434

THE OWNERS OF THE SHIP "DIEGO SILANG" AND OF THE CARGO LATELY LADEN ABOARD HER v. THE OWNERS OF THE SHIP "VYSOTSK" (THE "VYSOTSK")

Collision - Approaching vessels - Duty of stand-on vessel to keep her course - Whether gyro course record a true record of defendant vessel's course - Whether a forgery - Duty of give-way vessel - Whether discharged - Second collision with a third vessel - Whether caused by the first - Failure to take compass bearings of approaching vessel - Collision regulations 1965, rr. 19, 21, 22 and 27.

[1981] 1 Lloyd's Rep. 439

ANANGEL PEACE COMPANIA NAVIERA S.A. v. BACCHUS INTERNATIONAL COMMERCE CORPORATION (THE "ANANGEL PEACE")

Arbitration - Award - Misconduct - Dispute as to off-hire - Owners alleged that scrap logs destroyed - Award in favour of owners - Whether arbitrators had misconducted themselves in failing to order discovery of all relevant documents in owner's possession - Whether award should be set aside or remitted.

[1981] 1 Lloyd's Rep. 452

JAPAN LINES LTD. v. MEDIOLANUM SHIPPING CO.

Arbitration - Award - Remission - Charterers asked for finding that refinery had no authority to order vessel to bunkering place - Arbitrators found that although charterers had not given such order, the authority of refinery would be implied - Whether such inference should have been drawn - Whether award should be remitted.

[1981] 1 Lloyd's Rep. 455

CARMEL EXPORTERS (SALES) LTD. v. SEA-LAND SERVICES INC.

Practice - Jurisdiction - Application to set aside writ - Defendants' solicitors acknowledged service - Whether defendants had submitted to jurisdiction - Whether defendants had complied with new R.S.C., O. 12, r. 8 - Whether application to set aside should be granted.

[1981] 1 Lloyd's Rep. 458

STAFFORD AND COMSTOCK LTD. v. CONTI COMMODITY SERVICES LTD.

Negligence - Brokers - Commodities futures market - Brokers opened and closed transactions on behalf of client - Client incurred losses - Whether brokers acted without authority - Whether brokers failed to exercise due care and diligence in conduct of client's affairs - Whether client could rely on res ipsa loquitur - Whether client entitled to damages.

[1981] 1 Lloyd's Rep. 466

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

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.

[1981] 1 Lloyd's Rep. 476

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.

[1981] 1 Lloyd's Rep. 483

A. J. BEKHOR & CO. LTD. v. BILTON

Practice - Mareva injunction - Discovery - Injunction varied - Whether Court had jurisdiction to make an order for discovery in aid of the Mareva injunction.

[1981] 1 Lloyd's Rep. 491

MONTEBIANCO INDUSTRIE TESSILI S.p.A. v. CARLYLE MILLS (LONDON) LTD.

Bill of exchange - Dishonour - Summary judgment in favour of sellers - Whether buyers had an arguable defence and counterclaim - Whether buyers should be given unconditional leave to defend - Whether order should be stayed.

[1981] 1 Lloyd's Rep. 509

THE "JOGOO"

Admiralty practice - Mortgage - Sale of vessel - Order of priority of claims - Whether cost of discharging cargo before vessel sold should become a first charge on the proceeds.

[1981] 1 Lloyd's Rep. 513

MALAYSIAN INTERNATIONAL SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "BUNGA KENANGA")

Charter-party (Time) - Redelivery - Charterers redelivered vessel in Rotterdam instead of Far East - Owners entitled to damages for breach of charter - Measure of damages.

[1981] 1 Lloyd's Rep. 518

WOODSTOCK SHIPPING CO. v. KYMA COMPANIA NAVIERA S.A. (THE "WAVE")

Charter-party (Time) - Repudiation - Negotiations for charter of vessel - Whether fixture agreed - Whether agent had authority to bind owners - Whether legally binding contract concluded - Whether charterers entitled to damages for repudiation or non-performance - Whether Officer of the Court could be ordered to execute mortgage - Whether receiver ought to be allowed to intervene.

[1981] 1 Lloyd's Rep. 521

SCHIFFAHRTSAGENTUR HAMBURG MIDDLE EAST LINE G.m.b.H. HAMBURG v. VIRTUE SHIPPING CORPORATION MONROVIA (THE "OINOUSSIAN VIRTUE")

Arbitration - Award - Leave to appeal - Arbitrator found in favour of owners - Whether questions of law arose out of award - Whether leave to appeal should be given - Whether award should be remitted for further findings - Arbitration Act, 1950, s. 22 - Arbitration Act, 1979, s. 1 - New York Produce Exchange.

[1981] 1 Lloyd's Rep. 533

ESTIA COMPANIA NAVIGACION S.A. v. DEUTSCHE GENUSSMITTER G.m.b.H. (THE "ESTIA")

Arbitration - Injunction - Delay in prosecuting claim in arbitration proceedings - Whether owners suffered prejudice as a result of delay - Whether injunction restraining further proceedings in arbitration should be granted.

[1981] 1 Lloyd's Rep. 541

COMPAGNIE GENERALE MARITIME v. DIAKAN SPIRIT S.A. (THE "YMNOS")

Arbitration - Evidence - Admissibility - Whether statement could be put in evidence before arbitrators - Whether admissible under the Civil Evidence Act, 1968.

[1981] 1 Lloyd's Rep. 550

MALLOZZI v. CARAPELLI S.P.A.

Arbitration - Award - Motion to declare award void or to remit award - In earlier proceedings special case remitted to arbitrators - Second supplemental award made by tribunal comprising three members only - Whether award made without jurisdiction since tribunal not constituted in accordance with agreement - Whether award void.

[1981] 1 Lloyd's Rep. 552

SEAROSE LTD. v. SEATRAIN (U.K.) LTD.

Practice - Mareva injunction - Injunction to restrain defendants from disposing of assets - Whether injunction should specify in particular any moneys in any bank account of the defendants with the bank.

[1981] 1 Lloyd's Rep. 556

A AND B v. C, D, E, F, G AND H (No. 2)

Practice - Mareva injunction - Legal costs - Variation - Whether injunction should be varied to permit payment of legal costs likely to be incurred.

[1981] 1 Lloyd's Rep. 559

OKURA & CO. LTD. v. NAVARA SHIPPING CORPORATION S.A.

Shipbuilding contract - Repudiation - Negotiations by telex - Whether agreement reached between the parties - Whether agreement rescinded or cancelled by mutual consent - Whether force majeure clause in contract excluded from agreement - Whether agreement repudiated.

[1981] 1 Lloyd's Rep. 561

VICTORIA FUR TRADERS LTD. v. ROADLINE (U.K.) LTD. AND BRITISH AIRWAYS BOARD

Carriage by road - Non-delivery - British Airways arranged for defendants to deliver goods to plaintiffs' premises - Goods failed to arrive - Whether defendants bailees of the goods - Whether British Airways acted as plaintiffs' agents - Whether defendants' standard conditions of carriage incorporated into contract between plaintiffs and defendants.

[1981] 1 Lloyd's Rep. 570

THE "ALASTOR"

Limitation of liability - Collision - Collision and damage to plaintiff's yacht admitted - Whether collision caused by defendant's negligence - Whether defendant entitled to limit his liability - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 3(2).

[1981] 1 Lloyd's Rep. 581

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.

[1981] 1 Lloyd's Rep. 587

UNITED CITY MERCHANTS (INVESTMENTS) LTD. AND GLASS FIBRES AND EQUIPMENTS LTD. v. ROYAL BANK OF CANADA, VITROREFUERZOS S.A. AND BANCO CONTINENTAL S.A.

Banking - Letter of credit - Illegality - Whether letter of credit in breach of Peruvian exchange control regulations - Whether letter of credit enforceable - Bretton Woods Agreement Order in Council, 1946. Banking - Letter of credit - Bill of lading - Date on bill of lading altered - Whether allegation of fraud made out - Whether letter of credit amended - Whether defendants entitled to refuse payments against document presented.

[1981] 1 Lloyd's Rep. 604

NITTAN (U.K.) LTD. v. SOLENT STEEL FABRICATION LTD. TRADING AS SARGROVE AUTOMATION AND CORNHILL INSURANCE CO. LTD.

Insurance (Product Liability) - Exclusion clause - Misnomer - Insurance company described company incorrectly - Insurance company excluded liability for failure of any goods to perform the intended function - Whether misdescription a misnomer - Whether insurance company could rely on exclusion clause.

[1981] 1 Lloyd's Rep. 633

ARCHITAL LUXFER LTD. v. HENRY BOOT CONSTRUCTION LTD.

Arbitration - Award - Costs - Both parties proved breach of contract against each other - Arbitrator published award on costs - Whether arbitrator had erred in failing to direct that respondents pay all the costs - Whether applicant's letter an effective sealed offer - Whether award should be remitted or set aside.

[1981] 1 Lloyd's Rep. 642

GOVERNMENT OF THE STATE OF KUWAIT v. SIR FREDERICK SNOW & PARTNERS AND OTHERS

Arbitration - Award - Enforcement - Limitation of time - Plaintiffs added defendants to action six years three months after award issued - Whether defendants could rely on Limitation Act - Whether the 6th to 11th defendants partners in the firm - Whether award a Convention award - Arbitration Act, 1975 - Limitation Act 1939, s. 2 (1) (c).

[1981] 1 Lloyd's Rep. 656

S. AND M. CARPETS (LONDON) LIMITED v. CORNHILL INSURANCE COMPANY LIMITED

Insurance (Fire) - Loss of profits - Damage to shop by fire - Insurers denied liability - Insurers alleged fire deliberately started by plaintiffs - Onus of proof - Degree of probability required - Whether plaintiffs could claim under policy.

[1981] 1 Lloyd's Rep. 667

WATKINS & DAVIS LTD. v. LEGAL & GENERAL ASSURANCE CO. LTD.

Insurance (Fire) - Arson - Damage to warehouse by fire - Insurers denied liability - Insurers alleged fire deliberately started - Onus of proof - Degree of probability required - Whether plaintiffs could claim under policy.

[1981] 1 Lloyd's Rep. 674

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