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.
Banking - Undertaking - Junior employee of insurance company purported to execute undertakings - Whether employee had actual or ostensible authority to do so - Whether company bound by such undertakings - Whether bank could enforce undertakings.
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.
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.
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.
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.
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.
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.
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).
Unseaworthiness - Due diligence - Breakdown of main engines due to contamination of lubricating oil-Whether owners had exercised due diligence- Whether owners entitled to claim general average contribution from cargo interests.
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.
Navigation - River Thames - Construction of ferry terminals caused siltation - Whether riparian owners entitled to damages for negligence and/or nuisance - Whether riparian owners could recover extra dredging costs.
Banking - Guarantee - Promissory notes - Companies went into liquidation - Promissory notes dishonoured - Banks reimbursed by E.C.G.D. under guarantees - Whether E.C.G.D. entitled to be reimbursed by defendants.
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).
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.
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.
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.
Unseaworthiness - Bill of lading - Limitation of liability - Vessel sank together with cargo - Whether loss caused by peril of sea - Whether vessel unseaworthy - Whether defendants could rely on art. IV, r. 1 of the Hague Rules - Whether defendants entitled to limit liability.
Insurance (Marine) - Unseaworthiness - Perils of the sea - Whether loss of vessel proximately caused by peril of the sea or by negligence of crew - Whether loss due to defective, deteriorated and decayed condition of vessel - Whether owners exercised due diligence.
Charter-party (Time) - Hire - Non-payment - Withdrawal of vessel - Whether shipowners left it too late before withdrawing vessel - Whether acceptance of late payments on previous occasions created estoppel - Whether charterers entitled to relief from forfeiture.
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.
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.
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.
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.
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.
Banking - Foreign exchange transactions - Guarantee - Bank agreed to buy and sell foreign exchange for company - Performance of contracts guaranteed by guarantor - Company defaulted - Whether bank could claim under guarantee.
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.
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.
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.
Charter-party (Time) - Hire - Adjustment of hire clause - Vessel consumed less fuel oil than stated in charter - Whether owners entitled to increased hire - Whether owners misrepresented fuel oil consumption - Whether charterers entitled to set-off.
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.
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.
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.
Sale of goods - Stay of action - Action to recover balance of fuel price - Whether contract governed by English law - Whether sellers party to contract - Whether standard terms incorporated - Whether application for a stay should be granted.
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.
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.
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.
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.
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.
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.
Arbitration - Injunction - Delay in prosecuting arbitration - Whether arbitration mutually abandoned and/or rescinded by the parties - Whether injunction restraining further conduct of the arbitration should be granted.
Arbitration - Award - Misconduct - Whether award should be set aside for procedural mishap - Whether arbitrators should be ordered to state further reasons. Arbitration - Award - Leave to appeal - Whether award obviously wrong - Whether application for leave to appeal should be granted - Whether award should be remitted for further consideration.
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.
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.
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.
Reinsurance - Fire insurance - Whether primary layer written on an excess of loss or on a first loss basis - Whether statement made by brokers a true statement - Whether reinsurers entitled to avoid policy.
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.
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.
Practice - Stay of action - Jurisdiction - Guarantee - Bank claimed under guarantee - Defendants commenced action in Greece - Whether English Court had jurisdiction to hear case - Whether action should be stayed - Whether application to stay proceedings should be heard first.
Charter-party (Voyage) - Laytime - Customs entry - Lightening operations - Whether laytime commenced after customs entry completed - Whether time spent in lightening should be excluded from calculation of demurrage.
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.
Sale of ship - Cancellation - Plaintiffs acting as intermediaries on behalf of third party - Plaintiffs failed to tender purchase price - Owners cancelled contract and sold vessel to second defendants - Whether owners obliged to deliver vessel to plaintiffs - Whether order for specific performance should be granted.
Sale of ship - Non-performance - Buyers failed to pay deposit and sign agreement within time limit - Sellers sold ships elsewhere - Whether contract relied on by sellers not a concluded contract - Whether buyers bound by novation purportedly made on its behalf - Whether sellers could claim deposit.
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.
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.
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.
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.
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.
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.
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.
Bill of lading - Stay of action - Arbitration clause - Whether clause in charter-party incorporated into bill of lading - Whether disputes under bill of lading to be referred to arbitration - Whether action should be stayed - Arbitration Act, 1975, s. 1.
Practice - Mareva injunction - Sale of ship - Buyers obtained Mareva injunction against sellers- Sellers applied for discharge of injunction - Principles to be applied - Likelihood of buyers' success at trial - Risk of dissipation of assets - Whether injunction should be discharged.
Sale of goods (f.o.b.) - Injunction - Stay of action - Plaintiffs sold soya bean oil to buyers - Oil shipped on defendants' vessel - Buyers failed to pay for oil - Whether plaintiffs entitled to injunction ordering defendants to direct vessel to a safe port other than going to Iran to discharge oil - Whether defendants entitled to a stay.
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.
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.
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.
Charter-party (Voyage) - Bill of lading - Claim for freight - Whether third defendants consignees - Whether property in goods passed upon consignment to third defendants - Whether reference to charter in bill of lading a reference to the head charter.
Charter-party (Time) - Hire - Vessel underwent repairs - Charterers regarded charter at an end - Owners declined to accept charterers' conduct as repudiation - Vessel remained at disposal of charterers - Whether owners entitled to retain hire.
Practice - Application to set aside - Brokers claimed commission alleged to be due to them under charter - Court granted brokers leave ex parte to serve writ on shipowners and charterers out of jurisdiction - Whether shipowners' application to set aside writ should be granted - R.S.C., O. 11, r. 1 (1).
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.
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.
Sale of goods - Waiver - Letter of credit to be opened immediately - Buyers failed to confirm letters of credit immediately - Sellers declined to ship goods - Whether sellers in default - Whether sellers had waived any breach to open letters of credit immediately.
 2 Lloyd's Rep. 679
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