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Lloyd's Law Reports RSS feed

MERKUR ISLAND SHIPPING CORPORATION v. LAUGHTON SHAW AND LEWIS (THE "HOEGH APAPA")

Pratice - Trade union dispute - Vessel prevented from sailing - Injunction granted to lift blacking - Owners claimed damages for deliberate interference with time charter and with owners' trade and business - Whether trade union entitled to immunity - Whether writ disclosed cause of action at common law - Trade Union and Labour Relations Act, 1974, s. 13 - Employment Act, 1980, s. 17.

[1983] 2 Lloyd's Rep. 1

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.

[1983] 2 Lloyd's Rep. 18

CENTRAL INSURANCE CO. LTD. v. SEACALF SHIPPING CORPORATION (THE "AIOLOS")

Practice - Leave to amend - Subrogation - Insurers settled claim for short delivery - Insurers sued carriers in own name - Writ and summons struck out - Whether amendment to include all insured buyers should be allowed - Whether action reasonably arguable and therefore ought not to be struck out.

[1983] 2 Lloyd's Rep. 25

QATAR PETROLEUM PRODUCING AUTHORITY AND QATAR GENERAL PETROLEUM CORPORATION v. SHELL INTERNATIONALE PETROLEUM MAATSCHAPPIJ B.V. AND WHESSOE LTD.

Practice - Application to set aside - 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, r. (1) - Whether plaintiffs had good arguable case - Whether application to set aside should be granted - Arbitration Act, 1975, s. 1.

[1983] 2 Lloyd's Rep. 35

BREMER HANDELSGESELLSCHAFT m.b.H. v. DEUTSCHE CONTI-HANDELSGESELLSCHAFT m.b.H.

Sale of goods (c.i.f.) - Non-acceptance - Notice of appropriation - Buyers rejected sellers' notice of appropriation as non-contractual - Whether buyers entitled to damages for non-delivery - Whether sellers could rely on waiver - Whether buyers' rejection too late - Whether award should be remitted for consideration of new issue - GAFTA 100.

[1983] 2 Lloyd's Rep. 45

THE "BENARTY"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Actions in rem and personam brought in England - Whether jurisdiction clause valid - Whether actions should be brought in Indonesia - Whether actions should be stayed - Hague-Visby Rules.

[1983] 2 Lloyd's Rep. 50

THE "BISKRA"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Action brought in England - Whether action should have been brought in Algeria - Whether English action should be stayed.

[1983] 2 Lloyd's Rep. 59

THE "SONIA S."

Admiralty practice - Action in rem - Jurisdiction - Agreement for lease of containers - Claim for rent - Whether claim arising out of an agreement relating to the carriage of goods in a ship - Whether plaintiffs could invoke Admiralty jurisdiction - Supreme Court Act, 1981, s. 20 (2).

[1983] 2 Lloyd's Rep. 63

STOCKPORT METROPOLITAN BOROUGH COUNCIL v. O'REILLY

Arbitration - Frustration - Misconduct - Whether arbitration agreement discharged by frustration - Whether application to revoke authority of arbitrator should be granted - Whether arbitrator should be removed for misconduct - Arbitration Act, 1950, ss. 23 (1), 25 (2) (b).

[1983] 2 Lloyd's Rep. 70

PETROFINA (U.K.) LTD. AND OTHERS v. MAGNALOAD LTD. AND OTHERS

Insurance (Contractors All Risks) - Subrogation - Accident occurred causing major damage to construction works - Insurers settled claim - Whether defendants sub-contractors within policy - Whether insurers could recover from defendants.

[1983] 2 Lloyd's Rep. 91

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).

[1983] 2 Lloyd's Rep. 156

THE "ALBANY" AND "MARIE JOSAINE"

Collision - Limitation of time - Delay in issue of writ - Parties in negotiation - Whether in circumstances application for extension of time for issue of writ should be granted - Maritime Conventions Act, 1911, s. 8.

[1983] 2 Lloyd's Rep. 195

P.C.W. (UNDERWRITING AGENCIES) LTD. v. P.S. DIXON AND ANOTHER

Practice - Mareva injunction - Application for variation - Injunction granted over the whole of defendant's assets - Defendant ordered to disclose within 14 days precise identity and whereabouts of all his assets - Whether injunction should be varied.

[1983] 2 Lloyd's Rep. 197

OCEANICA CASTELANA ARMADORA S.A. v. MINERALIMPORTEXPORT ATAKA NAVIGATION INC. v. MINERALIMPORTEXPORT SEAWIND MARITIME INC. v. ROMANIAN BANK FOR FOREIGN TRADE (THE "THEOTOKOS", "MINOAN BULL" AND "TIRGU FRUMOS")

Practice - Mareva injunction - Owners obtained injunctions over defendants' assets including cargoes on board vessels - Barclays Bank provided guarantee against cash deposit furnished by Romanian bank - Vessels released from arrest - Whether cash deposit caught by injunction - Whether Barclays could exercise right of set-off against Romanian bank.

[1983] 2 Lloyd's Rep. 204

DEERNESS v. JOHN R. KEEBLE & SON (BRANTHAM) LTD. AND ANOTHER

Insurance (Motor) - Limitation of time - Personal injury - Solicitors failed to issue writ in time - Whether plaintiff should be permitted to continue action - Whether solicitors liable in negligence - Limitation Act, 1980, ss. 11, 33.

[1983] 2 Lloyd's Rep. 260

THE ATTORNEY-GENERAL OF NEW ZEALAND v. GEORGE ORTIZ, SOTHEBY 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 Acts, 1913 and 1966.

[1983] 2 Lloyd's Rep. 265

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.

[1983] 2 Lloyd's Rep. 272

THE "ABIDIN DAVER"

Collision - Stay of action - Turkish owners brought action against Cuban owners in Turkish Courts - Cuban owners commenced action in England - Whether English action should be stayed - Whether Turkey a more natural forum.

[1983] 2 Lloyd's Rep. 279

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.

[1983] 2 Lloyd's Rep. 287

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 export - GAFTA 100.

[1983] 2 Lloyd's Rep. 304

THE "ANTONIS P. LEMOS"

Admiralty practice - Action in rem - Warrant of arrest - Application to set aside warrant and writ - Whether action lay outside jurisdiction of High Court - Whether application should be granted.

[1983] 2 Lloyd's Rep. 310

THE "LLOYDIANA"

Admiralty practice - Application to set aside - Claim in respect of wet damage to and short delivery of cargo of sugar - Defendants' name appeared on bills of lading but defendants not charterers of vessel - Whether Court had jurisdiction in rem - Whether application to set aside writ and undertaking should be granted.

[1983] 2 Lloyd's Rep. 313

MIRAMAR MARITIME CORPORATION v. HOLBORN OIL TRADING LTD. (THE "MIRAMAR")

Charter-party (Voyage) - Demurrage - Lien - Owners exercised lien on cargo - Whether consignees personally liable for demurrage - Whether consignees parties to contract contained in the bill of lading - Whether owners could recover pursuant to agreement between owners and consignees.

[1983] 2 Lloyd's Rep. 319

AGIP S.p.A. v. NAVIGAZIONE ALTA ITALIA S.p.A. (THE "NAI GENOVA" AND "NAI SUPERBA")

Charter-party (Consecutive Voyage) - Escalation clause - Unilateral mistake - Clause provided for a base figure in U.S. dollars to be increased by reference to Italian inflation - Whether plaintiffs aware that base figure expressed in U.S. dollars instead of Italian lire - Whether unilateral mistake - Whether clause should be rectified.

[1983] 2 Lloyd's Rep. 333

THE "VASSO"

Arbitration - Arbitrator - Salvage arbitration - Vessel suffered damage - Cargo-owners wished to place two surveyors on board vessel - Whether arbitrator had power to make an order for inspection of property - Whether order should be made.

[1983] 2 Lloyd's Rep. 346

TELFAIR SHIPPING CORPORATION v. INERSEA CARRIERS S.A. (THE "CAROLINE P")

Arbitration - Cargo damage - Iraqi Court found in favour of receivers against owners - Other disputes between owners and charterers resolved by arbitration award - Whether owners' claim for an indemnity in respect of cargo damage should have been brought forward before arbitrators made final award - Whether application for injunction restraining owners from proceeding with arbitration should be granted.

[1983] 2 Lloyd's Rep. 351

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.

[1983] 2 Lloyd's Rep. 365

CASTLE INSURANCE CO. LTD. v. HONG KONG ISLANDS SHIPPING CO. LTD. (THE "POTOI CHAU")

General average - Limitation of time - Vessel ran aground - Salvage services rendered - Voyage abandoned - Ship's managers claimed general average contribution from consignees of cargo and cargo insurers - Whether ship managers could join shipowners as plaintiffs - Whether time barred - Lloyd's average bond.

[1983] 2 Lloyd's Rep. 376

TRACOMIN S.A. v. SUDAN OIL SEEDS CO. LTD.

Sale of goods (c. & f.) - Jurisdiction - Disputes between Sudanese sellers and Swiss buyers - Swiss buyers commenced action in Switzerland against sellers and appointed their arbitrator - Whether Swiss judgment should be recognized - Civil Jurisdiction and Judgments Act, 1982, ss. 32, 33.

[1983] 2 Lloyd's Rep. 384

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

Sale of goods (c. & f.) - 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.

[1983] 2 Lloyd's Rep. 386

THE "ATLANTIC SONG"

Admiralty practice - Stay of action - Jurisdiction clause - Damage to cargo - Action brought before English Court - Whether dispute under bill of lading - Whether Sweden more convenient forum - Whether action should be stayed.

[1983] 2 Lloyd's Rep. 394

THE "SENNAR" (No. 2)

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Action brought in England - Whether action should have been brought in Sudan - Whether action an action under the contract of carriage - Whether issue already decided by Dutch Courts - Whether plaintiffs precluded from contending to the contrary - Whether action should be stayed.

[1983] 2 Lloyd's Rep. 399

MARKAPPA INC. v. N. W. SPRATT & SON LTD. (THE "ARTA")

Charter-party (Voyage) - Freight - Non-payment - Shipbrokers - Owners unable to recover freight from charterers - Whether brokers negligently misstated financial standing and reliability of charterers - Whether owners could recover from brokers.

[1983] 2 Lloyd's Rep. 405

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

Arbitration - Award - Interest - Defendants paid interest on award at rate applicable at date of award - Successive statutory instruments varied rate of interest - Whether rates applicable under successive orders should be applied - Judgments Act, 1838, s. 17, Administration of Justice Act, 1970, s. 44.

[1983] 2 Lloyd's Rep. 434

NEPTUNE ORIENT LINES LTD. v. J.V.C. (U.K.) LTD. (THE "CHEVALIER ROZE")

Bill of lading - Stay of action - Goods lost during onward carriage - Defendants claimed against plaintiffs' agents and sub-contractors - Whether onward carriage on bill of lading terms - Whether defendants in breach of bill of lading - Whether action should be staved.

[1983] 2 Lloyd's Rep. 438

ALLDEN v. RAVEN (THE "KYLIE")

Insurance (Marine) - Alleged non-disclosure - Insured vessel a total loss - Underwriters rejected claim - Whether alleged non-disclosed facts disclosed to brokers - Whether insured's duty of disclosure waived.

[1983] 2 Lloyd's Rep. 444

PINDOS SHIPPING CORPORATION v. FREDERICK CHARLES RAVEN (THE "MATA HARI")

Insurance (Marine) - Rectification - Yacht a constructive total loss - Policy subject to condition "Warranted Class Maintained" - Yacht not in class at time of loss - Underwriters denied liability - Whether intention that policy should contain no such term - Whether policy should be rectified.

[1983] 2 Lloyd's Rep. 449

B.V. OLIEHANDEL JONGKIND v. COASTAL INTERNATIONAL LIMITED

Sale of goods (f.o.b.) - Repudiation - Sellers demanded payment in advance - Buyers' bank guarantee refused - Whether sellers repudiated contract - Whether sellers' general terms of sale incorporated into fourth contract.

[1983] 2 Lloyd's Rep. 463

ANTAIOS COMPANIA NAVIERA S.A. v. SALEN REDERIERNA A.B. (THE "ANTAIOS") (No. 2)

Arbitration - Award - Leave to appeal - Charter-party - Owners withdrew vessel - Whether owners only entitled to withdraw if breach a repudiatory breach - Whether reasonable time expired before withdrawal of vessel - Whether illogicality in award - Whether leave to appeal against award should be granted.

[1983] 2 Lloyd's Rep. 473

SALEH FARID v. MACKINNON MACKENZIE & CO. LTD. (THE "SHEBA" AND "SHAMSAN")

Arbitration - Arbitrator - Jurisdiction - Limitation of time - Joint venture agreement - Dispute between parties - Whether arbitrator had jurisdiction to rule on agreement - Whether arbitrator had jurisdiction to decide question of demurrage - Whether arbitrator guilty of misconduct - Whether application for extension of time should be granted.

[1983] 2 Lloyd's Rep. 500

A. v. B. (X. Intervening)

Practice - Mareva injunction - Injunction granted against defendant for money due on closure of commodity account - Defendant indebted to interveners - Whether intervener's application to vary injunction should be granted.

[1983] 2 Lloyd's Rep. 532

X, Y AND Z v. B

Practice - Injunction - Banking - Subpoenas issued in New York requiring production by bank's London branch of documents relating to an account of each plaintiff-customer of bank - Injunctions issued by English Court to prevent such obedience- Whether injunctions should be continued to trial.

[1983] 2 Lloyd's Rep. 535

ELDER DEMPSTER LINES v. ZAKI ISHAG (THE "LYCAON")

Practice - Inter pleader relief - February bills of lading issued while January bills still in circulation - Plaintiffs granted inter pleader relief - Whether plaintiffs could recover costs and charges incurred.

[1983] 2 Lloyd's Rep. 548

KENT ENGINEERING & FOUNDRY LTD. v. THE EXPORT CREDITS GUARANTEE DEPARTMENT

Insurance-External Trade Guarantee-Defendants agreed to pay to plaintiffs guaranteed percentage of the amount of any loss incurred in connection with contract to which guarantee applied - Manner in which recoveries made after the date of ascertainment of loss were to be dealt with.

[1983] 2 Lloyd's Rep. 556

DOW BANKING CORPORATION v. MAHNAKH SPINNING AND WEAVING CORPORATION AND BANK MELLAT

Banking - Guarantee - Limitation of liability - Plaintiff loaned $5,000,000 to first plaintiffs - Bank guaranteed up to a maximum of $6,000,000 including interest - First defendants defaulted - Plaintiffs claimed on guarantee - Plaintiffs recovered $6,250,000 - Whether plaintiffs entitled to rely on earlier defaults - Whether bank entitled to limit liability.

[1983] 2 Lloyd's Rep. 561

ATISA S.A. v. AZTEC A.G.

Sale of Goods (f.o.b.) - Non-delivery - Monopoly suppliers - Sellers alleged change in Kenyan government policy prevented delivery - Whether contract frustrated - Whether arbitrators had come to correct conclusion.

[1983] 2 Lloyd's Rep. 579

BULK OIL (ZUG) A.G. v. SUN INTERNATIONAL LTD. AND SUN OIL TRADING CO.

Arbitration - Award - Leave to appeal - Law of European Economic Community - Arbitrator held that export of U.K. crude oil to Israel contrary to government policy and sellers not in breach of contract - Whether leave to appeal against award should be granted.

[1983] 2 Lloyd's Rep. 587

TRACOMIN S.A. v. SUDAN OIL SEEDS CO. LTD. AND GEORGE BRIDGE (NO. 2)

Practice - Injunction - Sale of goods - Buyers brought action in Switzerland - Contract governed by English law and contained London arbitration clause - Whether buyers' application for injunction restraining sellers from arbitrating should be granted - Whether sellers' application for injunction restraining buyers from proceeding in Switzerland should be granted.

[1983] 2 Lloyd's Rep. 624

THE "JALAKRISHNA"

Admiralty practice - Stay of action - Damages for personal injury - Indian seaman injured on board Indian vessel on high seas - Action brought in England - Whether stay would cause injustice to plaintiff - Whether action should be brought in India.

[1983] 2 Lloyd's Rep. 628

THE "PINDAROS"

Admiralty practice - Short delivery - Penalty payable in respect of deficiency in quantity of goods landed - Whether plaintiffs liable for payment of penalties - Whether defendants liable to reimburse plaintiffs.

[1983] 2 Lloyd's Rep. 635

NESTE OY v. LLOYDS BANK PLC (THE "TIISKERI", "NESTEGAS" AND "ENSKERI")

Banking - Set-off - Shipowners transferred funds to discharge liabilities incurred by vessels - Whether funds held in trust to be applied in specified way - Whether bank had notice of position - Whether bank precluded from exercising any right of set-off in respect of funds.

[1983] 2 Lloyd's Rep. 658

HAIR v. THE PRUDENTIAL ASSURANCE CO. LTD.

Insurance (Houseowners) - Non-disclosure - Breach of warranty - Serious fire occurred - Insurers denied liability - Whether plaintiffs in breach of warranties - Whether plaintiffs failed to disclose material facts - Whether plaintiffs could claim under policy.

[1983] 2 Lloyd's Rep. 667