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Lloyd's Law Reports RSS feed

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 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.

[1982] 2 Lloyd's Rep. 1

JENSEN AND OTHERS v. THE CORPORATION OF THE TRINITY HOUSE OF DEPTFORD (THE "DANA ANGLIA", "DANA REGINA" AND "DANA FUTURA") SCHILLER AND OTHERS v. SAME (THE "PRINZ HAMLET" AND "PRINZ OBERON")

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.

[1982] 2 Lloyd's Rep. 14

THE "EL AMRIA" AND "EL MINIA"

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.

[1982] 2 Lloyd's Rep. 28

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] 2 Lloyd's Rep. 33

THE "MARION"

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).

[1982] 2 Lloyd's Rep. 52

THE "SPAN TERZA"

Admiralty practice - Action in rem - Vessel ordered to be appraised and sold - Bunkers on board vessel - Whether intervener/charterers of vessel could claim proceeds of sale of bunkers.

[1982] 2 Lloyd's Rep. 72

THE "SMJELI"

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.

[1982] 2 Lloyd's Rep. 74

EDIBLE OIL PRODUCTS (MALAYSIA) B.H.D. v. JAYANT OIL MILLS PRIVATE LTD. AND OTHERS

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.

[1982] 2 Lloyd's Rep. 95

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] 2 Lloyd's Rep. 99

MARINA SHIPPING LTD. v. LAUGHTON AND SHAW (THE "ANTAMA")

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.

[1982] 2 Lloyd's Rep. 112

MONTEROSSO SHIPPING CO. LTD. v. INTERNATIONAL TRANSPORT WORKERS' FEDERATION (THE "ROSSO")

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).

[1982] 2 Lloyd's Rep. 120

TRADAX EXPORT S.A. v. DORADA COMPANIA NAVIERA S.A. (THE "LUTETIAN")

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.

[1982] 2 Lloyd's Rep. 140

WESTERN SEALANES CORPORATION v. UNIMARINE S.A. (THE "PYTHIA")

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.

[1982] 2 Lloyd's Rep. 160

OEI v. FOSTER (formerly CRAWFORD) AND EAGLE STAR INSURANCE CO. LTD.

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.

[1982] 2 Lloyd's Rep. 170

NEPTUNE MARITIME CO. v. KONINKLIJKE BUNGE B.V. (THE "ARGONAUT")

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.

[1982] 2 Lloyd's Rep. 214

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

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.

[1982] 2 Lloyd's Rep. 224

AFRO CONTINENTAL NIGERIA LTD. v. MERIDIAN SHIPPING CO. S.A. (THE "VRONTADOS")

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.

[1982] 2 Lloyd's Rep. 241

THE "CLIFFORD MAERSK"

Carriage by sea - Limitation of time - Damage to cargo - Extension of time limit granted - Last day of extended time limit Sunday - Writ issued on Monday - Whether proceedings brought within time.

[1982] 2 Lloyd's Rep. 251

THE "SAUDI PRINCE"

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).

[1982] 2 Lloyd's Rep. 255

THE "HELENUS" AND "MOTAGUA"

Salvage - Reward - Assistance rendered to vessels off Sheerness Docks and in the River Medway - Assessment of salvage reward for such services.

[1982] 2 Lloyd's Rep. 261

GARBIS MARITIME CORPORATION v. PHILIPPINE NATIONAL OIL CO. (THE "GARBIS")

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.

[1982] 2 Lloyd's Rep. 283

AGRO CO. OF CANADA LTD. v. PARNASSOS SHIPPING CORPORATION (THE "MARYLISA")

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.

[1982] 2 Lloyd's Rep. 290

D/S A/S IDAHO v. PENINSULAR AND ORIENTAL STEAM NAVIGATION CO. (THE "STRATHNEWTON")

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.

[1982] 2 Lloyd's Rep. 296

THE BROKEN HILL PROPRIETARY CO. LTD. v. THEODORE XENAKIS

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.

[1982] 2 Lloyd's Rep. 304

KODROS SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "EVIA" (NO. 2))

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.

[1982] 2 Lloyd's Rep. 307

C N MARINE INC. v. STENA LINE A/B AND REGIE VOOR MARITIEM TRANSPORT (THE "STENA NAUTICA")

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.

[1982] 2 Lloyd's Rep. 323

C N MARINE INC. v. STENA LINE A/B AND REGIE VOOR MARITIEM TRANSPORT (THE "STENA NAUTICA") (NO. 2)

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.

[1982] 2 Lloyd's Rep. 336

COMPANIA NAVIERA MICRO S.A. v. SHIPLEY INTERNATIONAL INC. (THE "PAROUTH")

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).

[1982] 2 Lloyd's Rep. 351

EUROPEAN ASIAN BANK A.G. v. PUNJAB AND SIND BANK

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.

[1982] 2 Lloyd's Rep. 356

RE ROE'S LEGAL CHARGE PARK STREET SECURITIES LTD. v. ALBERT WILLIAM ROE

Banking - Legal charge - Money loaned by plaintiffs to defendant for purchase of leasehold property - Plaintiffs' demanded repayment - Whether plaintiffs unregistered moneylenders - Whether plaintiffs carrying on business of banking - Whether plaintiffs entitled to recover loan - Money-lenders Act, 1900.

[1982] 2 Lloyd's Rep. 370

THE "GARDEN CITY"

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).

[1982] 2 Lloyd's Rep. 382

THE "MARITIME HARMONY"

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.

[1982] 2 Lloyd's Rep. 400

PHOENIX SHIPPING COMPANY v. APEX SHIPPING CORPORATION (THE "APEX")

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".

[1982] 2 Lloyd's Rep. 407

HORRY v. TATE & LYLE REFINERIES LTD.

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.

[1982] 2 Lloyd's Rep. 416

ABU DHABI GAS LIQUEFACTION CO. LTD. v. EASTERN BECHTEL CORPORATION AND CHIYODA CHEMICAL ENGINEERING & CONSTRUCTION CO. LTD. EASTERN BECHTEL CORPORATION AND CHIYODA CHEMICAL ENGINEERING & CONSTRUCTION CO. LTD. v. ISHIKAWAJIMA-HARIMA HEAVY INDUSTRIES CO. LTD.

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.

[1982] 2 Lloyd's Rep. 425

THE "GRACE"

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.

[1982] 2 Lloyd's Rep. 429

GEBR. BROERE B.V. v. SARAS CHIMICA S.p.A.

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.

[1982] 2 Lloyd's Rep. 436

ITALMARE SHIPPING CO. v. TROPWOOD A.G. (THE "TROPWIND")

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.

[1982] 2 Lloyd's Rep. 441

STINNES INTEROIL G.m.b.H. v. A. HALCOUSSIS & CO. (THE "YANXILAS")

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.

[1982] 2 Lloyd's Rep. 445

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

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.

[1982] 2 Lloyd's Rep. 458

SEVEN SEAS TRANSPORTATION LTD. v. PACIFICO UNION MARINA CORPORATION (THE "SATYA KAILASH" AND "OCEANIC AMITY")

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).

[1982] 2 Lloyd's Rep. 465

BANQUE DE L'INDOCHINE ET DE SUEZ S.A. v. J. H. RAYNER (MINCING LANE) LTD.

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.

[1982] 2 Lloyd's Rep. 476

THE "SEXTUM"

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.

[1982] 2 Lloyd's Rep. 532

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.

[1982] 2 Lloyd's Rep. 537

CITADEL INSURANCE CO. v. ATLANTIC UNION INSURANCE CO. S.A.

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.

[1982] 2 Lloyd's Rep. 543

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] 2 Lloyd's Rep. 550

The "DESPINA G.K."

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.

[1982] 2 Lloyd's Rep. 555

THE "ARGO HOPE"

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.

[1982] 2 Lloyd's Rep. 559

BRADSHAW (acting on behalf of the SECRETARY OF STATE FOR TRADE) v. EWART-JAMES (THE "N.F. TIGER")

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).

[1982] 2 Lloyd's Rep. 564

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

Charter-party (Time) - Cancellation - Container guarantee clause - Speed warranty - Stability problems encountered - Vessel failed to reach warranted speed - Charterers cancelled charter - Whether entitled to do so - Whether owners in breach - Whether container guarantee clause a condition.

[1982] 2 Lloyd's Rep. 574

GILL AND DUFFUS LANDAUER LTD. v. LONDON EXPORT CORPORATION G.m.b.H.

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).

[1982] 2 Lloyd's Rep. 627