Banking - Letter of credit - Illegality - Whether letter of credit in breach of Peruvian exchange control regulations - Whether letter of credit enforceable - Bretton Woods Agreements Order in Council, 1946. Banking - Letter of credit - Bill of lading - Date on bill of lading altered - Whether allegations of fraud made out - Whether letter of credit amended - Whether defendants entitled to refuse payments against document presented.
Admiralty practice - Compulsory pilotage - Vessels conducted in and out of Harwich by British pilots - Since 1973 unlawful for piloting to be confined exclusively to British pilots - Danish and German masters applied for pilotage certificates - Trinity House failed to examine masters for this purpose - Whether failure to do so wrongful - Whether Court had jurisdiction to enquire into complaints - Pilotage Act, 1913.
Admiralty practice - Stay of action - Damage to cargo - Cargo-owners brought action in England - Whether contract of carriage contained exclusive jurisdiction clause - Whether action should have been brought in Egypt - Whether application for stay should be granted.
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.
Charter-party (Voyage) - Freight - Charterers to pay all taxes on cargo - Owners required to pay income tax on profit of 7.5 per cent. of total export freight earnings - Whether payment within cl. 12 - Whether owners could claim reimbursement from charterers.
Contract - Exclusion clause - Damage to vessel - Derrick being restowed on vessel fell causing damage - Whether defendants' standard terms and conditions incorporated into contract - Whether defendants could rely on exclusion clause.
Admiralty practice - Limitation of liability - Vessel anchored off Hartlepool - Anchor fouled oil pipeline - Master not using up to date charts - Whether plaintiffs had established that incident occurred without their actual fault or privity - Whether plaintiffs entitled to limit their liability - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 2 (1).
Admiralty practice - Limitation of liability - Damage caused to groynes by dumb barge - Whether damage caused without privity of defendants - Whether plaintiffs could claim damages against both tug and barge - Whether defendants entitled to limit their liability - Whether limit of liability to be calculated by reference to tonnage of tug only - Merchant Shipping Act, 1894, s. 503.
Charter-party (Voyage) - Laytime - Shifting expenses - Whether laytime counted during period vessel waiting for berth - Whether charterers liable for expense of hiring tugboats to keep vessel in place at berth - Whether charterers liable for shifting expenses.
Bill of lading - Damage to cargo - Cargo of cherries found to contain broken glass - Goods rejected - Whether broken glass had got into cherries while on board vessel - Whether shipowners liable - Whether plaintiff could claim damages - Measure of damages.
Arbitration - Arbitrator - Misconduct - Remission - Buyers in default - Sellers resold goods - No notice of intention to resell before arbitrators - Whether question whether sellers entitled to any damages on resale price should have been raised by arbitrators - Whether arbitrators guilty of misconduct - Whether awards should be remitted.
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.
Arbitration - Award - Special case - Charterers responsible for stowage - Cargo of pipes worked loose and number of pipes lost - Cargo restowed - Vessel encountered storm - Cargo became loose again - Whether chain of causation broken - Arbitrators refused to state special case - Whether charterers' application for special case should be granted.
Practice - Injunction - Trade union dispute - Vessel docked at Hull - Crew complained to I.T.F. about conditions of service and pay - Vessel "blacked" - Whether unlawful secondary action - Whether owners entitled to an injunction - Employment Act, 1980, s. 17.
Practice - Trade union dispute - Proper law of special agreement - Agreement signed in Spain - Agreement did not contain clause concerning Swedish ports - I.T.F. refused to issue blue certificate - Vessel boycotted by Swedish union - Owners claimed damages from I.T.F. - Whether agreement governed by English or Spanish law - Trade Union and Labour Relations Act, 1974, s. 18 (1) (b).
Practice - Reinsurance - Applications to amend points of defence - Amendments fully investigated and rejected in earlier litigation - Whether issues could be raised again - Whether an abuse of the process of the Court.
Charter-party (Time) - Hire - Non-payment - Withdrawal - Deduction of hire during period vessel off-hire - Whether hire payable on due date if vessel off-hire on that date - Whether charterers entitled to deduct from hire for period vessel expected to be off-hire - Whether owners entitled to withdraw vessel - Whether owners' notice of withdrawal invalid - New York Produce Exchange form.
Charter-party (Time) - Discharging costs - Off-hire - Vessel let by time charterers on voyage charter - Discharge on liner terms - Vessel involved in collision just short of discharging port - Vessel in damaged condition not allowed to proceed to port - Cargo discharged - Whether owners could recover discharging costs from time charterers - Whether vessel off-hire.
Insurance (Householders) - Personal public liability cover - Exclusion clause - Indemnity - Allegation that insured caused damage by fire to neighbour's house - Whether insured in occupation of neighbour's house - Whether damage arose directly or indirectly from such occupation - Whether insured entitled to be indemnified by insurers - Whether insurers could rely on exclusion clause.
Charter-party (Voyage)-Freight-Short delivery- Clause in charter gave charterers right to deduct from freight for short delivery - Whether charterers entitled to do so - Whether clause an interim security measure.
Charter-party (Time) - Frustration - Hostilities between Iran and Iraq - Charter-party practically performed - Whether arguable dispute about frustration - Whether dispute should be referred to arbitration.
Arbitration - Injunction - Delay in prosecution - Shipowners applied for injunction to restrain cargo-owners from proceeding with arbitration - Whether arbitration agreement frustrated - Whether fair trial impossible - Whether injunction should be granted.
Conflict of laws - New Zealand statutes - Ownership of artefact - Artefact removed from New Zealand - Whether forfeited to Her Majesty the Queen - Interpretation of New Zealand statute - Meaning of "shall be forfeited" - Whether statutes unenforceable in England as being foreign, penal, revenue and/or public laws - Historic Articles Act, 1962 - Customs Act, 1913 and 1966.
Practice - Service of writ - Notice served on shipowners - Whether cargo-owners had effected service of writ - Whether application to extend validity of writ should be granted - Whether application to set aside writ and service should be granted - R.S.C., O. 6, r. 8, O. 65, r. 4.
Admiralty practice - Damage to cargo - Arrest of vessel - Defendants denied ownership of vessel - Whether jurisdiction of Court could be invoked - Whether vessel beneficially owned by defendant - Whether writ and all subsequent proceedings should be set aside - Administration of Justice Act, 1956, s. 3 (4).
Charter-party (Voyage) - Demurrage - Same vessel nominated to same charterers under two separate charters - Both cargoes discharged simultaneously at Basrah - Whether owners entitled to claim demurrage under both charters.
Charter-party (Time) - War risk premium - Owners incurred additional premiums when vessel entered war zone - Whether owners entitled to be reimbursed by charterers - Whether reasonable for owners to incur premiums.
Charter-party (Voyage) - Bill of lading - Bill of lading to be in form appearing in charter - Bill with blank spaces presented to master for signature - Master declined to sign - Vessel detained - Whether master obliged to sign bills as presented - Whether charterers responsible for detention.
Charter-party (Voyage) - Construction - Cost of loading and discharging cargo from wing tanks - Cargo loaded on time basis - Discharged on tonnage basis - Loading and discharging of wing tanks more expensive than loading and discharging of main cargo holds - Whether charterers could recover extra expenses.
Charter-party (Time) - Limitation of time - Cargo claims - Hague Rules incorporated by clause paramount - Cargo claims to be settled under Inter Club New York Produce Exchange Agreement -Charterers failed to bring any suit against owners for settlement of cargo claims within time limit - Whether owners could rely on time bar.
Practice - Jurisdiction - Application to set aside writ and service of writ - Whether writ properly served on defendant - Whether defendant complied with R.S.C., O. 12, r. 8 - Whether plaintiffs' claim within R.S.C., O. 11, r. 1 - Whether defendant's application to set aside should be granted.
Charter-party (Time) - Safe port - Frustration - Vessel ordered to Basrah - Vessel trapped in Shatt-al-Arab area owing to hostilities between Iran and Iraq - Whether charterers in breach of "safe port" clause - Whether charter frustrated - Whether frustration self-induced - Whether charter excluded frustration.
Charter-party (Demise) - "Window charter" - Option to purchase - Owners demise chartered vessel to Canadian plaintiffs - Vessel at owners' disposal in winter months - Owners demise chartered, and agreed to sell, vessel to Belgian charterers - Canadians exercised option to buy - Injunction granted restraining owners from disposing of vessel - Whether injunction should be discharged.
Charter-party (Demise) - Option to purchase - Specific performance - Vessel demise chartered to Canadians - At owner's disposal in winter months - Owners demise chartered and agreed to sell vessel to Belgians - Canadians exercised option to buy - Whether Canadians entitled to specific performance and delivery up of vessel - Whether Canadians only entitled to damages.
Practice - Jurisdiction - Putative proper law - Arguable case that binding contract existed between parties - Whether arbitration clause a neutral factor - Whether contract governed by English law - Whether leave to serve notice of writ out of jurisdiction should be granted - R.S.C., O. 11, r. 1 (1) (f).
Banking - Letter of credit - Non-payment - Stay of action - Indian buyers purchased cloves from Singapore sellers - Buyers informed vessel and cargo lost - Buyers obtained injunction in Indian Court restraining defendants from paying under letter of credit - Plaintiffs brought action in England - Whether India or Singapore more appropriate forum - Whether English action should be stayed - Supreme Court Act, 1981, s. 49.
Admiralty practice - Limitation of liability - Collision - Sole cause of sinking of defendants' vessel was collision - Earlier proceedings found plaintiffs 60 per cent. liable for collision - Whether plaintiffs entitled to limit their liability - Whether there was actual fault or privity on part of plaintiffs - Merchant Shipping Act, 1894, s. 503 (1).
Collision - Crossing vessels - Collision in the River Scheldt - Visibility reduced by fog - Vessel fitted with two operational radar sets - Vessel not maintaining a proper radar lookout - Whether vessel proceeding at excessive speed - Apportionment of liability - Collision Regulation, 1972, r. 1 (b), r. 6, r. 9.
Charter-party (Time) - War risk insurance - Gulf declared an additional premium area - Owners paid additional premiums to maintain full cover - Whether charterers liable to reimburse owners - Meaning of expression "hull and machinery".
Damages - Personal injury - Accord and satisfaction - Whether plaintiff induced to sign receipt by mistake of law - Whether induced by undue influence of insurers - Whether inequality of bargaining power between plaintiff and insurers - Whether defendant employers could rely on receipt.
Arbitration - Arbitrator - Dispute on main contract and sub-contracts - Whether disputes should be referred to two separate arbitrations and two separate arbitrators - Whether Court had power to appoint same arbitrator in each arbitration - Arbitration Act, 1950, s. 10.
Admiralty practice - Action in rem and in personam - Wrong name entered on writ - Whether amendment ought to be allowed - Whether leave to issue concurrent writ of summons and to serve notice thereof should be granted.
Charter-party (Voyage) - Demurrage - Laytime expired while vessel waiting for berth - Vessel grounded on way to berth - Whether grounding due to negligent navigation - Whether charterers relieved from obligation to pay demurrage during period vessel grounded.
Charter-party (Voyage) - Laytime - Specified number of running hours weather permitting allowed for loading and discharging - Port closed due to bad weather - Vessel unable to load - Whether such periods to be deducted from laytime - Arbitration Act, 1979, s. 2.
Arbitration - Award - Remission - Vessel blacked - Arbitrator found vessel not off hire - Whether charterers' submissions reflected in findings - Whether arbitrators' decision on the estoppel issue could be criticized - Whether reasons should have been stated for decision on costs of providing guarantees - Whether award should be remitted.
Arbitration - Award - Leave to appeal - Charter-party - Whether "owners" proper party to be sued - Incorrect dimensions of vessel given to refinery - Vessel delayed in loading - Vessel loaded through one manifold only - Whether owners/charterers in breach - Whether owners/charterers entitled to damages - Whether damages too remote to be recoverable - Whether leave to appeal against award should be granted.
Arbitration - Award - Remission - Reasons for award - Whether reasons published by Committee of Appeal inadequate - Whether sellers obtained quality certificate as required by contract - Whether goods shipped within contract period - Whether appropriate principles of law as to measure of damages applied by committee - Whether award should be remitted.
Carriage by sea - Charter-party - Lightening operation at port in India - Damage caused to lightened vessel by lightening vessel - Negligent navigation - Whether United States Carriage of Goods by Sea Act incorporated in charter - Whether effect confined to voyages to and from United States ports - Whether owners exempt from liability to charterers for damage caused to vessel - United States Carriage of Goods by Sea Act, 1936 s. 4 (2).
Banking - Letter of credit - Payment effected under reserve - Bank alleged discrepancies in documents - Documents rejected - Whether bank entitled to repayment of amount paid under reserve - Extent of obligation of beneficiary under letter of credit who accepted payment under reserve.
Insurance (Marine) - Piracy - Riot - Equipment and material taken from ship by gang of men armed with knives - Whether loss caused by piracy or by riots - Whether loss within marine insurance policy - Whether loss should be borne by War Risks Association.
Insurance (Aviation) - Reinsurance slip policy - Indemnity - DC 10 airline crashed near Paris - Syndicate 619 paid out in respect of loss - Whether loss covered by reinsurance slip policy - Whether Syndicate 619 could recover under excess of loss reinsurance policy.
Sale of goods (f.o.b.) - Exchange control regulations - Validity of contracts - Whether requests for payments authorized - Whether payments in breach of exchange control regulations - Whether sellers entitled to recover payment over again - Exchange Control Act, 1947, ss. 5, 33 (1).
Admiralty practice - Action in rem - Arrest of vessel owned by charterers - Whether plaintiffs could arrest vessel not being a sister ship of offending vessel - Whether "charterer" meant "demise charterer" - Administration of Justice Act, 1956, s. 3 (4) - Hong Kong.
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.
Practice - Jurisdiction - Reinsurance contract - Canadian reinsured claimed to recover under reinsurance contract with Greek reinsurers - Whether action could be brought in England - Whether contract made in England - Whether leave to serve writ out of jurisdiction should be granted - R.S.C., O. 11, r. 1.
Admiralty practice - Application for warrant of arrest - Maritime lien - Plaintiffs' cargo dumped at sea - Judgment against defendants obtained in Swedish Court - Whether judgment could be enforced here - Whether plaintiffs had a maritime lien - Whether application for warrant of arrest should be granted.
Collision - Crossing vessels - Manchester Ship Canal - Vessels should have passed port to port - Whether alteration of heading a cause of collision - Whether infringement of bylaws a cause of collision - Liability - Apportionment - Manchester Ship Canal Bylaws.
Negligent navigation - Statutory offence - Breach of Collision Regulations - Master delegated watch to chief officer - Chief officer qualified master mariner - Master left bridge of vessel - Vessel sailed on course in breach of Regulations for Preventing Collisions at Sea 1972, r. 10 (c) - Whether master liable for commission of that offence - Merchant Shipping Act 1894, s. 419 (1), (2).
Arbitration-Remission-Claim for demurrage and counterclaim for cargo damage referred to arbitration-Arbitrator declined to state awards in form of special case - Whether procedural mishap had occurred-Whether awards Should be remitted or set aside.
Arbitration - Award - Costs - Central issues withdrawn by owners and charterers - Offer of settlement by charterers - Arbitrators made award of costs in favour of owners - Whether sealed offer affected results of costs incurred - Whether award should be remitted for reconsideration of costs.
Sale of goods (f.a.s.) - Jurisdiction - Application to set aside leave to serve writ out of jurisdiction - Rejection - English sellers sold Californian shelled almonds to German buyers - Documents rejected - Sellers obtained leave to issue and serve proceedings out of the jurisdiction - Whether contract made within jurisdiction - Whether buyers' application to set aside should be granted - R.S.C., O. 11, r. 1 (1) (f).
Insurance (Marine) - Construction of policy - Unseaworthiness - Whether policy a time or voyage policy - Whether vessel seaworthy at commencement of voyage - Whether underwriters could rely on defence of unseaworthiness - Marine Insurance Act, 1906, ss. 25, 39 (1) and (5) - Singapore.
 2 Lloyd's Rep. 637
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