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Lloyd's Law Reports RSS feed

ACTIS CO. LTD. v. THE SANKO STEAMSHIP CO. LTD. (THE "AQUACHARM")

Charter-party (Time) - Hire - Vessel exceeded permitted draught - Canal company refused to allow vessel through Panama Canal - Part of cargo had to be transhipped - Whether vessel off hire - Whether owners could recover transhipment costs - Whether owners entitled to hire for period of delay - The Hague Rules, art. IV (2) (a).

[1982] 1 Lloyd's Rep. 7

SARMA NAVIGATION S.A. v. SIDERMAR S.p.A. (THE "SEA PIONEER")

Charter-party (Voyage) - Demurrage - Construction of charters - Two charters between same parties - Demurrage incurred at discharging port - Whether charters to be read separately or together - Calculation of demurrage - Gencon form.

[1982] 1 Lloyd's Rep. 13

THE "ILO"

Salvage - Remuneration - Vessel took the ground in River Thames - Plaintiffs rendered salvage services - Amount of salvage award plaintiffs entitled to.

[1982] 1 Lloyd's Rep. 39

MEDIOLANUM SHIPPING CO. v. JAPAN LINES LTD. (THE "MEDIOLANUM")

Charter-party (Time) - Safe port - Vessel ordered to bunkering place within port - Vessel took ground - Whether owners could recover costs of repair and hire from charterers - Whether port a safe port - Whether refinery had authority to decide where vessel should bunker.

[1982] 1 Lloyd's Rep. 47

FREEDOM GENERAL SHIPPING S.A. v. TOKAI SHIPPING CO. LTD. (THE "KHIAN ZEPHYR")

Arbitration - Limitation of time - Application for extension of time - Owners settled cargo claims - Claimed contribution and or indemnity from charterers - Whether owners' claims time barred under art. III, r. 6 of The Hague Rules - Whether application for extension of time should be granted.

[1982] 1 Lloyd's Rep. 73

SALENREDERIERNA S.A. v. BLUE STAR LINE LTD. (THE "NEW YORK STAR")

Arbitration - Limitation of time - Damage to cargo - No arbitrator appointed within time limit - Whether application for extension of time should be granted - Whether defendants would be prejudiced if extension granted - Arbitration Act, 1950, s. 27.

[1982] 1 Lloyd's Rep. 78

GENERAL REINSURANCE CORPORATION AND OTHERS v. FORSAKRINGSAKTIEBOLAGET FENNIA PATRIA

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.

[1982] 1 Lloyd's Rep. 87

GILL & DUFFUS S.A. v. BERGER & CO. INC.

Sale of goods (c.i.f.) - Non-acceptance - Buyers rejected goods tendered - Goods did not comply with contractual description - Whether certificate of quality and inspection conclusive - Whether certificate final only as to quality - Whether buyers entitled to reject goods.

[1982] 1 Lloyd's Rep. 101

BREMER HANDELSGESELLSCHAFT m.b.H. v. BUNGE CORPORATION

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether sellers could rely on prohibition and or force majeure - Whether buyers had waived their rights to, or were estopped from, receiving June instalments - GAFTA 100.

[1982] 1 Lloyd's Rep. 108

CHINA PACIFIC S.A. v. THE FOOD CORPORATION OF INDIA (THE "WINSON")

Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.

[1982] 1 Lloyd's Rep. 117

INTERNATIONAL SEA TANKERS INC. v. HEMISPHERE SHIPPING CO. LTD. (THE "WENJIANG")

Arbitration - Award - Application for leave to appeal - Vessel detained in the area of the Shatt - Whether charter-party frustrated - Whether off-hire clause applicable - Whether charterers liable for additional war risk premiums - Whether leave to appeal should be granted on these issues- Arbitration Act, 1979, s. 1.

[1982] 1 Lloyd's Rep. 128

SOYA G.m.b.H. KOMMANDITGESELLSCHAFT v. WHITE

Insurance (Marine) - Non-disclosure - Damage to cargo - Inherent vice - Cargo of soya beans insured against heat, sweat and spontaneous combustion - Cargo arrived in heated 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).

[1982] 1 Lloyd's Rep. 136

THE "BLUE WAVE"

Bill of lading - Damage to cargo - Jurisdiction clause - Limitation of time - Whether defendants' principal place of business in Greece - Whether indorsee of bill of lading had same rights as original shipper - Whether fact that action time barred in Greece to be taken into account - Whether application for a stay should be granted.

[1982] 1 Lloyd's Rep. 151

A & B v. C & D

Practice - Stay of action - 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 (1) - Whether plaintiffs had good arguable case - Whether application for stay should be granted - Arbitration Act, 1975, s. 1.

[1982] 1 Lloyd's Rep. 166

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

Conflict of law - 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 Act, 1913 and 1966.

[1982] 1 Lloyd's Rep. 173

BRINKIBON LTD. v. STAHAG STAHL UND STAHLWARENHANDELSGESELLSCHAFT m.b.H.

Conflict of laws - Sale of goods (c. & f.) - Repudiation - English buyers bought steel from Austrian sellers - Whether contract made in England - Sellers repudiated contract - Whether breach occurred in England or Austria - Whether leave to issue, and serve notice of, writ out of jurisdiction should be granted - R.S.C., O. 11, r. 1 (1) (f), (g).

[1982] 1 Lloyd's Rep. 217

THE "SPAN TERZA"

Admiralty practice - Action in rem - Arrest of vessel - Owners arrested vessel belonging to charterers - Whether action in rem could be invoked against vessel not being a sister ship - Administration of Justice Act, 1956, s. 1 (1) (h), s. 3 (4).

[1982] 1 Lloyd's Rep. 225

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 validly withdrawn by owners - Whether owners entitled to payment for use of vessel by charterers after vessel withdrawn.

[1982] 1 Lloyd's Rep. 232

Z LTD. v. A-Z AND AA-LL

Practice - Mareva injunction - Position of innocent third parties - Company defrauded of £2 million - Mareva injunction obtained against any who might have innocently taken part in the fraud including inter alia the five clearing banks - Guidelines applicable.

[1982] 1 Lloyd's Rep. 240

YORKSHIRE ELECTRICITY BOARD v. ESTONIAN SHIPPING CO. (THE "VIRTSU")

Admiralty practice - Action in rem - Liability - Vessel's anchor fouled and broke plaintiffs' electricity cable - Exchange of correspondence - Terms of settlement agreed - Whether plaintiffs offered to accept 95 per cent of their claim as proved or agreed and to forgo any interest thereon.

[1982] 1 Lloyd's Rep. 272

HAYN ROMAN & CO. S.A. v. COMINTER (U.K.) LTD.

Arbitration - Award - Reasons for award - Buyers mistakenly thought Committee would publish reasoned award - Award issued without reasons - Whether application that Committee should state reasons for award should be granted - Arbitration Act, 1979, s. 1 (5), (6).

[1982] 1 Lloyd's Rep. 295

BUNGE S.A. v. COMPAGNIE EUROPEENE DE CEREALES

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether buyers waived right to contend force majeure clause not applicable - Measure of damages.

[1982] 1 Lloyd's Rep. 306

THE "BAMBURI"

Arbitration - Award - War-risk insurance - Vessel detained in Shatt-al-Arab - Whether vessel a constructive total loss by peril insured against - Construction of insurance policy.

[1982] 1 Lloyd's Rep. 312

THE "MORVIKEN"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Bill of lading provided all disputes to be brought before Court in Amsterdam - Whether clause valid - Whether dispute strongly connected with England - Whether Hague-Visby Rules applicable - Whether English action should be stayed - Carriage of Goods by Sea Act, 1971.

[1982] 1 Lloyd's Rep. 325

KENNETH COLLINS AND VALERIE COLLINS v. BRITISH AIRWAYS BOARD

Carriage by air - Limitation of liability - Loss of contents of baggage - Baggage check not filled in - Whether carriers entitled to limit liability - Whether baggage "registered" - Warsaw Convention - Carriage by Air Act, 1961, schedule 1, art. 4 (1) (2).

[1982] 1 Lloyd's Rep. 355

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CARYL ANTONY VAUGHAN GIBBS (THE "SALEM")

Insurance (Marine) - Perils of the sea - Takings at sea - Cargo of crude oil insured for voyage from Persian Gulf to Europe - Part of cargo discharged in South Africa - Vessel scuttled in Atlantic - Whether loss of cargo caused by barratry, perils of the sea or takings at sea - Whether loss total or partial - Whether cargo-owners could recover under policy.

[1982] 1 Lloyd's Rep. 369

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.

[1982] 1 Lloyd's Rep. 385

THE "TESABA"

Salvage - Jurisdiction - Arrest of vessel by salvors for breach of salvage agreement - Whether salvors' claim within Administration of Justice Act, 1956, s. 1 (1) (g), (h) and (j), s. 3 (4).

[1982] 1 Lloyd's Rep. 397

THE "MERDEKA"

Admiralty practice - Arrest of vessel - Contempt of Court - Master broke arrest and took vessel out of jurisdiction - Whether master should be committed to prison for contempt.

[1982] 1 Lloyd's Rep. 401

ITALMARE SHIPPING CO. v. OCEAN TANKER CO. INC. (THE "RIO SUN")

Charter-party (Time) - Hire - Non-payment - Anti-technicality clause - Withdrawal of vessel - Whether owners gave notice of withdrawal in accordance with clause - Whether charterers had waived compliance with clause - Whether charterers estopped from asserting that owners' notice insufficient.

[1982] 1 Lloyd's Rep. 404

A.B. BOFORS-UVA, C.A.V. LTD. AND GEORGE KUIKKA LTD. v. A.B. SKANDIA TRANSPORT, THE FELIXSTOWE DOCK AND RAIL CO. AND CROXSON EUROPEAN TRANSPORT LTD.

Carriage by road - C.M.R. - Stay of action - Jurisdiction - Whether dispute should be arbitrated in Sweden - Whether arbitration clause satisfied C.M.R. Convention - Whether action could be brought even if valid arbitration clause - Whether defendants entitled to stay of action - Arbitration Act, 1975, s. 1 - C.M.R. arts. 33 and 41.

[1982] 1 Lloyd's Rep. 410

EUROPEAN GRAIN & SHIPPING LTD. v. R. JOHNSTON

Arbitration - Award - Application to set aside part of award - Whether award severable - Whether award signed by all three arbitrators - Whether sellers had waived defects in award.

[1982] 1 Lloyd's Rep. 414

REDLER GRAIN SILOS LTD. v. BICC LTD.

Sale of goods (c. & f.) - Non-delivery - Troubles in Iran - English sellers unable to ship goods to Iran - Buyers paid for goods - Iranians claimed delivery of goods - Whether injunction granted to buyers restraining sellers from disposing of goods should be restored.

[1982] 1 Lloyd's Rep. 435

THE "CORAL I"

Collision - Vessel at anchor - Collision with incoming vessel in Suez Bay Waiting Area - Whether anchored vessel displaying anchor lights - Whether incoming vessel proceeding through Waiting Area at excessive speed - Whether incoming vessel failed to keep proper look out - Liability - Apportionment of damages.

[1982] 1 Lloyd's Rep. 441

BABANAFT INTERNATIONAL CO. S.A. v. AVANT PETROLEUM INC. (THE "OLTENIA")

Charter-party (Voyage) - Limitation of time - Claims to be presented within 90 days of discharge - Demurrage incurred by reason of detention of vessel by charterers - Owners failed to present claim within time - Whether application for extension of time should be granted.

[1982] 1 Lloyd's Rep. 448

PACOL LTD. AND OTHERS v. TRADE LINES LTD. AND R/I SIF IV (THE "HENRIK SIF")

Bill of lading - Estoppel - Alleged damage to cargo - Plaintiffs pursued claim against charterers - Charterers failed to advise plaintiffs that proper party were shipowners - Plaintiffs' action against shipowners time barred - Whether charterers estopped from denying liability.

[1982] 1 Lloyd's Rep. 456

NATIONAL RUMOUR COMPANIA S.A. v. LLOYD-LIBRA NAVEGACAO S.A.

Arbitration - Award - Leave to appeal - Dispute as to whether charterers entitled to load cargo of saltpetre - Arbitrator found in favour of charterers - Whether application for leave to appeal should be granted - Arbitration Act, 1979, s. 1.

[1982] 1 Lloyd's Rep. 472

INDUSTRIA DE OLEOS PACAEMBU S.A. v. N.V. BUNGE

Arbitration - Award - Alleged error of law on its face - Delay by sellers in appealing against award - Whether application for extension of time to apply for award to be set aside or remitted should be granted.

[1982] 1 Lloyd's Rep. 490

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

Sale of goods - 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.

[1982] 1 Lloyd's Rep. 528

PRACTICE DIRECTION

Admiralty: Remuneration of nautical and other assessors.

[1982] 1 LLOYD'S LAW REPORTS 533

AFOVOS SHIPPING CO. S.A. v. R. PAGNAN AND F. LLI (THE "AFOVOS")

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether withdrawal valid - Whether charterers could rely on owners' bank's negligence or estoppel - Whether charterers entitled to relief against forfeiture - New York Produce Exchange form.

[1982] 1 Lloyd's Rep. 562

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.

[1982] 1 Lloyd's Rep. 570

THE "NEA TYHI"

Bill of lading - Damage to cargo - Bill of lading claused "shipped under deck" - Cargo carried on deck - Whether shipowners in breach - Whether shipowners negligent in stowage of cargo - Whether charterers authorized to issue and sign claused bills - Whether cargo damaged before property passed to plaintiffs.

[1982] 1 Lloyd's Rep. 606

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

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.

[1982] 1 Lloyd's Rep. 617

RIVER PLATE PRODUCTS NETHERLANDS B.V. v. ETABLISSEMENT COARGRAIN

Arbitration - Award - Leave to appeal - Award to sellers of certain sum less unidentified and unquantified deduction - Whether award enforceable - Whether award could be varied by deleting part of it - Whether award should be remitted for reconsideration.

[1982] 1 Lloyd's Rep. 628

J.H. RAYNER (MINCING LANE) LTD. v. SHAHER TRADING CO.

Arbitration - Award - Sale of goods (c. & f.) - Dispute as to non-delivery - Measure of damages - Whether arbitrator answered questions argued before him - Whether arbitrator should be directed to state further reasons for their award - Arbitration Act, 1979, s. 1 (5).

[1982] 1 Lloyd's Rep. 632

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

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.

[1982] 1 Lloyd's Rep. 638

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

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 contract - GAFTA 100.

[1982] 1 Lloyd's Rep. 645

PRACTICE DIRECTION

Amendments to Admiralty practice directions

[1982] 1 Lloyd's Rep. 654